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Arraignment delayed again for social workers charged in Palmdale boy’s death

by City News Service • June 2, 2016

Gabriel Fernandez
Gabriel Fernandez

LOS ANGELES – Arraignment was delayed again Thursday for two former Los Angeles County social workers and their supervisors, who are charged with child abuse and falsifying records stemming from the death of an 8-year-old Palmdale boy whom prosecutors allege was tortured and murdered by his mother and her boyfriend.

Social workers Stefanie Rodriguez, 31, and Patricia Clement, 65, and supervisors Kevin Bom, 36, and Gregory Merritt, 60, were charged March 28 with one felony count each of child abuse and falsifying public records, according to the Los Angeles County District Attorney’s Office.

Their arraignment is now set for July 18 in downtown Los Angeles.

The four were released on bond after their initial court appearance April 9 in connection with the charges, which stem from the May 24, 2013, death of Gabriel Fernandez. When he died, the boy had a fractured skull, several broken ribs and burns over his body, prosecutors said.

The boy’s mother, Pearl Fernandez, 32, and then-boyfriend, Isauro Aguirre, 35, are charged with murder in connection with Gabriel’s death. Prosecutors announced last year that they would seek the death penalty against the two, who are awaiting a pretrial hearing July 28 in a downtown Los Angeles courtroom.

The case sparked a firestorm of criticism of the county Department of Children and Family Services over reports that the boy and his mother were repeatedly visited at their Palmdale home by social workers in response to abuse allegations, but the boy was never removed from the home.

According to the District Attorney’s Office, DCFS opened a file on Gabriel’s case on Oct. 31, 2012, and maintained one until the boy’s death. Prosecutors allege that Rodriguez and Clement falsified reports that should have documented signs of escalating physical abuse and the family’s lapsed participation in DCFS efforts to help maintain the family.

Prosecutors also contend that Bom and Merritt knew or should have known they were approving false reports that conflicted with evidence of Gabriel’s deteriorating physical health, allowing the boy to remain in the home until he died.

An investigation revealed that at times over an eight-month period preceding his death, Gabriel — among other instances of violent abuse — was doused with pepper spray, forced to eat his own vomit and locked in a closet with a sock stuffed in his mouth to muffle his screams, authorities said.

All four defendants were fired by the county following an internal investigation into the case. Merritt, however, appealed his firing, and the Civil Service Commission ordered that he be reinstated. The matter is now being appealed in court.

If convicted, Merritt and the other three criminal defendants each face up to 10 years in prison.

Philip Browning, director of the DCFS, said in April that he could not comment specifically about the criminal case, but he defended the work done by his agency.

“I want to make it unambiguously clear that the defendants do not represent the daily work, standards or commitment of our dedicated social workers, who, like me, will not tolerate conduct that jeopardizes the well-being of children,” Browning said. “For the vast majority of those who choose this demanding career, it is nothing short of a calling.”

In a statement released after the charges were filed, District Attorney Jackie Lacey said the social workers and supervisors involved in Gabriel’s case had a legal duty to protect the child.

“By minimizing the significance of the physical, mental and emotional injuries that Gabriel suffered, these social workers allowed a vulnerable boy to remain at home and continue to be abused,” Lacey said. “We believe these social workers were criminally negligent and performed their legal duties with willful disregard for Gabriel’s well-being. They should be held responsible for their actions.”

Clement’s attorney, Darcy Calkins, told the judge at the April 9 hearing that her client was once a nun. Outside court, she said she believed her client would be exonerated of the charges.

Rodriguez’s attorney, Lance M. Filer, told reporters outside court after the April 9 hearing, “My client’s name will be cleared.”

The four also appeared in court April 21, but their arraignment was postponed a second time.

Previous related stories:

Arraignment postponed for social workers charged in case stemming from Palmdale boy’s death

Social workers accuse DA of criminalizing child welfare work

Four social workers charged in Palmdale boy’s death

Social workers charged: Reaction from “Gabriel’s Justice” founders

County supervisor blasts judge’s ruling on fired DCFS worker

DA to seek death penalty against Palmdale couple in Gabriel’s beating death

L.A. County trying to block return of social worker in Palmdale child abuse death

Accused child killers plead not guilty

Four social workers fired in death of Gabriel

Couple charged with capital murder in death of Palmdale boy

Justice for Gabriel protest, teacher speaks out

Palmdale boy dies after abuse, mother and boyfriend arrested

Filed Under: Crime/ Safety

8 comments for "Arraignment delayed again for social workers charged in Palmdale boy’s death"

  1. lia says

    June 17, 2016 at 7:19 pm

    Thank you God, my youngest son will be 18 next month! I dread these social workers! a few months before my youngest sons 8th birthday, Mothers Day, wewe got I to a collision that was so horrible both my son and in were airlifted yo UCLA hospital. DCFS decided to get involved alleging CHILD NEGLIGENCE ” because “allegedly putting my son at risk unsafe circumstances! They twisted everything around, lies, fabricated allegations, charges..etc… My life has never been the same since! Nor has my youngest sons! These so called social workers created a case in their own words ( as they do so often) to get a a paycheck!! THATS ALL THEY REALLY CARE ABOUT! After jumping through their rules/ hoops for 8 months , case finally closed! But the AFTERMATH OF THIS IS A LIFELONG ISSUE that will NEVER go away ! Did I mention the lady at fault was driving on a suspended license??? IMy son and i I still suffer PTSD, non trust issues and isolation due to what DCFS MADE us…there are children in this world that DO need assistance when it comes to child neglect / abuse… When a crime is.committed the police should be the only type of law to get involved! After all, POLICE ARE THE ONES WHO INVESTIGATE/ARREST WHEN A CRIME IS SUSPECTED AND OR REPORTED! NOT DCFS CASE WORKERS ! My heart goes out to Gabriel … Had the POLICE been allowed to investigate / arrest these 2 so called people, Gabrile would probably be alive today! R.I.P little Angel… DCFS..keep out of crimes commited and.let the POLICE do their job!

  2. GUESS WHO? says

    June 4, 2016 at 10:04 am

    ACCORDING 2 THIS ARTICLE ARE THESES DCFS EMPLOYEES RESPONSIBLE 4
    GABRIEL’S DEATH? HELL YEAH!!!!!!!!!! THEY KNOW THEIR GUILTY AS SIN THAT’S WHY THEY CONTINUE TO HAVE THEIR ARRAIGNMENT DELAYED ONCE AGAIN. WHEN YOUR GUILTY YOU HIDE:-)

  3. George says

    June 3, 2016 at 9:50 pm

    When you work for the state you get away with murder ,shame the judge has no. Balls to hang them
    40 yrs. Ago this wouldn’t happen ,the young boy cried out for help where were these people we pay to help sad day in this country

  4. Jane Cook says

    June 3, 2016 at 4:28 pm

    I hope their bond is revoked and they all go to jail. We the people are tired of social workers lying and stealing our children. Gabriel is dead because of their lies. We all know what these jerks do to families, liars, fraudsters, scum of the earth. Government social workers, the real shatheads of society. And what we do know, is it’s one set of people doing it to another set of people. Yep. you know it.

    • You need truth says

      June 3, 2016 at 6:25 pm

      Gabriel is dead because his parents are killers! They killed him. Stop being so liberal. It was at his parents hands his life was taken. Not the systems!!

      • George says

        June 3, 2016 at 10:29 pm

        You must work for the state maybe your a co worker they knew what was happening ur a crul too

  5. ANNON says

    June 3, 2016 at 1:50 pm

    Typical Los Angeles politics…

  6. karma says

    June 3, 2016 at 9:34 am

    I believe you need to look at more Social Workers, and PnP.

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