On May 24, 2013, Gabriel Fernandez, an eight-year-old boy from Palmdale, California, who had been abused and tortured over a period of months, died due to a beating from his mother, Pearl Fernandez, and her boyfriend, Isauro Aguirre, two days earlier. Pearl Fernandez and Isauro Aguirre were charged and convicted of first-degree murder with special circumstances of torture. According to prosecutors, Aguirre allegedly abused Gabriel due to his perceived homosexuality.[1] Pearl was sentenced to life imprisonment without the possibility of parole and Aguirre was sentenced to death.
Gabriel Daniel Fernandez[2] was born on February 20, 2005, to Arnold Contreras and Pearl Fernandez.[3] Shortly after birth, Gabriel was put in the custody of his great-uncle on his mother's side, Michael Lemos Carranza, and his partner David Martinez. They continued to raise Gabriel for four years. In 2009, four-year-old Gabriel moved in with his grandparents, due to his grandfather's objection to Carranza's and Martinez's same-sex relationship. He lived with his grandparents until 2012, when his mother, Pearl Fernandez, and her boyfriend, Isauro Aguirre, regained physical custody of him[4] despite concerns for his welfare expressed by the family.[5]
Abuse and murder
Throughout his eight-month stay in the household of Pearl Fernandez and Isauro Aguirre, Gabriel Fernandez was systematically abused and tortured. This included regular physical beatings that broke his bones, burns from cigarettes and heated objects, shots from a BB gun, having his teeth knocked out with a bat, and the forced consumption of cat litter, cat feces, spoiled food, and his own vomit.[6] He was subjected to psychological trauma such as being forced to sleep bound and gagged in a small cabinet and made to wear girl's clothing. Fernandez's siblings reported that his mother and Aguirre would laugh during the abuse.[6] According to prosecutors, one of Aguirre's motivations for this abuse was that he believed Fernandez was gay.[7]
On May 22, 2013, Pearl Fernandez called 9-1-1 to report that her child, Gabriel Fernandez, was not breathing. Fernandez had been fatally beaten by his mother and Aguirre after failing to clean up his toys. When first responders arrived, they found him on the ground naked with several injuries.[6] Paramedics rushed him to the hospital where doctors declared him brain dead. He died two days later at the Children's Hospital Los Angeles. The official autopsy declared he died of blunt force trauma that coincided with neglect and malnutrition.[8][9]
Perpetrators
Pearl Fernandez
Mug shot of Pearl Fernandez
Pearl Sinthia Fernandez was born on August 29, 1983, to Robert and Sandra Fernandez.[10][11][12] During her childhood, her father was frequently incarcerated, and Fernandez alleges her mother was abusive and unloving. At the age of nine, Fernandez began using methamphetamine and drinking alcohol, and at the age of eleven, she decided to run away from home. She dropped out of school in the 8th grade. As a teenager, Fernandez claimed that her uncle attempted to rape her and that some men had held her hostage for a period of days taking turns raping her, which led to her having suicidal thoughts while at the hospital recovering. She has four children with Arnold Contreras, including Gabriel. When Gabriel was born she abandoned him at the hospital three days after his birth; however, she regained custody of Gabriel in 2012. Additionally, she claims that many of her romantic partners, including Aguirre, were abusive to her. However, Elizabeth Carranza, Fernandez's aunt, and her husband claim that Fernandez falsely portrays herself as a victim and that it was Fernandez who was abusive and controlling towards her romantic partners. Additionally, Fernandez had pending charges against her for threatening to stab Arnold Contreras. Following Gabriel's death, Pearl reported abusing the opioid drugs Oxycodone and Norco.[12][11][13]
Fernandez has been diagnosed with several mental health issues including a depressive disorder[vague], developmental disability, a possible personality disorder, and post-traumatic stress disorder. In 2011, Fernandez took a cognitive ability test, scoring in the 3rd percentile in the verbal comprehension portion of the test, which is on par with a typical 2nd-grade student. Clinical psychologist Deborah S. Miora, expert witness for the defense at the trial, stated that Fernandez is "virtually unable to use thoughts to guide her behavior and control her emotional reactions."[12][14]
Fernandez is currently serving a life sentence without parole at Central California Women's Facility. She was admitted to the facility on June 21, 2018.[15] In April 2021, she filed a petition seeking re-sentencing, which was dismissed by Los Angeles Superior Court Judge George G. Lomeli, who concluded she was “not entitled to re-sentencing relief”.[16]
Isauro Aguirre
Mug shot of Isauro Aguirre
Isauro Aguirre was born on June 13, 1980.[17] Aguirre repeated two grades in school and ultimately dropped out, implying a possible learning disability.[18] He was employed at Woodland Park Retirement Hotel for three years, working as a caregiver and driver. Susan Weisbarth, executive director of the retirement home and former boss of Aguirre, described him as a kind and gentle person, noting that he would frequently change diapers for elderly residents. Staff affectionately nicknamed him "Shaggy." Aguirre met Pearl Fernandez approximately 18-24 months before they took custody of Gabriel Fernandez. In October 2012, Aguirre began working as a security guard for AVL Private Security at the Vallarta Market in Palmdale, California.
Aguirre was charged with first-degree murder with special circumstances of torture for murdering Gabriel Fernandez. Despite entering a plea of not guilty, he was convicted by a jury and subsequently sentenced to death, a decision affirmed by Lomeli.[19] He was admitted to San Quentin State Prison on June 13, 2018, to await execution.[20] However, due to California governor Gavin Newsom's moratorium on capital punishment, his execution date remains undetermined.[21] In 2021, Aguirre was transferred to Richard J. Donovan Correctional Facility in San Diego.[22]
Legal proceedings
On May 23, 2013, Pearl Fernandez and Isauro Aguirre were arrested; Fernandez was arrested for felony child endangerment while Aguirre was arrested for attempted murder.[23] However, when Gabriel died, Fernandez and Aguirre were both charged with first degree murder with special circumstances of torture; prosecutors pursued the death penalty.[24]
Pearl Fernandez pled guilty on February 15, 2018, to her charge as part of a plea deal to avoid the death penalty, and was sentenced to life imprisonment without the possibility of parole. In court, she stated, "I want to say I'm sorry for what happened. I wish Gabriel was alive. Every day I wish that I would have made better choices. I'm sorry to my children, and I want them to know that I love them."[25]
Trial of Isauro Aguirre
Isauro Aguirre pleaded not guilty to the charge of first-degree murder with special circumstances of torture, and the case was prosecuted by Deputy District Attorney Jonathan Hatami and Deputy District Attorney Scott Yang.[26]
In September 2017, jury selection began for the case. Questionnaires were given to prospective jurors, and they were informed that the trial could last as long as six weeks. Additionally, they were told the trial involved "extensive internal and external injuries" of the victim. The jury composition was seven women and five men.[27][26]
When the trial began, jurors were given details about the extensive abuse Gabriel Fernandez went through in the months preceding his fatal beating. Prosecutor Jon Hatami called Aguirre "pure evil" and argued that he deserved the death penalty even though it "doesn't even compare to what he did to Gabriel."
Defense attorney John Alan argued that Aguirre was considered to be "kind" and "compassionate" during his employment at the retirement facility and that he had never committed a crime before meeting Pearl Fernandez.[26]
Jury deliberation began on November 14, 2017, and a verdict was reached the next afternoon. Ultimately, the jury found him guilty of first-degree murder and guilty of the circumstances of torture charges.[28] On December 11, 2017, jury deliberation began for the sentencing phase. The next day the jury was deadlocked; however, on December 13, they rendered a verdict of death, which was accepted by Lomeli.[23]
Social workers
The social workers associated with the Gabriel Fernandez case were Stefanie Rodriguez and Patricia Clement. The other parties associated were their supervisors, Kevin Bom and Gregory Merritt.[29]
The social workers were accused of neglecting Fernandez and falsifying public records.[29] Calls regarding child abuse concerns began to occur between the years of 2012 and 2013.[30] The first call came in from his first grade teacher Jennifer Garcia, who is a mandated reporter.[31] Jennifer Garcia's concern started when Fernandez first asked her concerning questions regarding being whipped. Garcia reported her concerns to the child welfare hotline.[31] Stephanie Rodriguez, a social worker, was assigned to Fernandez's case.[30] Garcia continued to see signs of child abuse including a fat lip and patches of missing hair. Gabriel also claimed that he had been shot in the face with a BB gun. Garcia continued to call the child welfare hotline and was told each time that a social worker would check in on Fernandez.[31] However, there was never a medical follow up and every time a social worker would go to Fernandez's household, she never talked directly to Fernandez and would only talk to his mother.[30]
According to legal scholar Charlotte Hinkamp, there was sufficient evidence of child abuse and it was surprising that the Department of Children and Family Services did not remove Fernandez from the home.[31]
The four social workers were charged with two different felonies: child abuse and falsifying public records. However, the child abuse charges were dropped in 2020 as justices in the 2nd District Court of Appeal ruled that failure to uphold their duties and failure to remove Fernandez from his abusers did not constitute criminal liability for child abuse.[29] Nine sheriff's deputies were internally disciplined for not properly investigating the abuse allegations.[32]
^"Condemned Inmate List". California Department of Corrections and Rehabilitation. Archived from the original on January 10, 2025. Retrieved January 10, 2025.
