LOS ANGELES – A Jan. 17 trial date has been set for a Palmdale couple charged with capital murder in the beating death of the woman’s 8-year-old son.
Pearl Sinthia Fernandez, 32, and Isauro Aguirre, 36, were indicted in July 2014 on a murder charge, with a special circumstance allegation of torture, in connection with the May 2013 death of Fernandez’s son, Gabriel.
The boy’s death triggered investigations into Los Angeles County’s child welfare system and resulted in the filing of criminal charges against two former social workers and two of their supervisors.
The prosecution announced last summer that it would seek the death penalty against Fernandez and Aguirre, who were initially charged in May 2013. Prosecutors have said they took the case to the grand jury to avoid continued delays in the case.
Los Angeles Superior Court Judge George G. Lomeli noted that Fernandez’s attorneys had asked that the trial be postponed to April, but said he was “not inclined” to grant a continuance.
“Three years is ample time to work on this,” he told the attorneys, noting that they will still have several more months to prepare for the trial.
Fernandez and Aguirre, who are jailed without bail, are accused of inflicting multiple injuries on the boy. The prosecution alleges that the child suffered a fractured skull, several broken ribs and was burned.
At a July 28 court hearing, the judge said he would privately review information from an Internal Affairs investigation by the Los Angeles County Sheriff’s Department in connection with the case to determine if it should be turned over to the prosecutor and defense attorneys, who have requested the file.
In a court filing, Deputy District Attorney Jon Hatami wrote that the sheriff’s Internal Affairs bureau “conducted a lengthy two-volume parallel investigation right after Gabriel Fernandez’ death in May 2013, interviewing numerous civilian and deputy personnel,” and has “continuously and repeatedly refused to cooperate in any way with the People in this matter.”
“My position is it should all be turned over,” the prosecutor told the judge, who set a Sept. 29 hearing on documents involving a separate internal affairs investigation by the county Department of Children and Family Services.
County fire personnel were sent May 22, 2013, to a home in the 200 block of East Avenue Q-10 in response to a call that the boy was not breathing. He was declared brain dead that day, but not taken off life support until two days later.
Two former social workers — Stefanie Rodriguez, 31, and Patricia Clement, 66, and their supervisors, Kevin Bom, 37, and Gregory Merritt, 60 — were charged earlier this year with one felony count each of child abuse and falsifying public records.
They pleaded not guilty last week after a Los Angeles Superior Court judge rejected a bid to dismiss the case based on the defense’s claim that the statute of limitations for the charges arising from the boy’s death had expired.
The four are due back in court Aug. 25, when a date is scheduled to be set for a hearing to determine if there is enough evidence to require them to stand trial.
Earlier this week, the Board of Supervisors voted to settle a wrongful death lawsuit filed by the boy’s family. Details of the settlement are expected to be finalized in October.
Previous related stories:
Judge rejects bid to dismiss charges against social workers in Gabriel Fernandez case
Lisa SAYS.... says
I really wish media would stop putting the precious boy Gabriel in a picture next to Pearl.
Irwin Mainway says
How can Sheriff’s Deputy Robin Soukup not have been FIRED?
Security guard Martinez “called 911 to report that Gabriel was bruised and burned all over his face and head. Deputy Robin Soukup screamed at Martinez that a burned child was not an emergency, the prosecutor wrote in his motion.”
“Later, he said that his mother had made him exercise as punishment and shot him in the face with a BB gun,
Garcia testified. Garcia said she notified Rodriguez, the case worker.”:
You can see why she didn’t bother calling 911.
LTR0508 says
I know California’s death sentence is a lengthy process. The last execution was 10 years ago. I still hope they both get sentenced to death. The egg donor pos can’t even stay out of trouble and picked up another case in custody.
Sheri Beach says
Are you serious? What kind of uncivilized animal is Pearl?
VeeJ says
Merritt was represented by V. Jesse Smith and got him reinstated. V. Jesse is quoted in the paper as saying,”Mr. Merritt is held to a standard that I don’t think the Department of Child and Family Services, and that’s including Philip Browning himself, have held themselves to.”
What standard would that be, Mr. V. Jesse Smith? Gross negligence?
And you want to run for mayor?
ANNON says
Time is being wasted here, as well as taxpayer monies. Just hang them. Lets’ do that for Gabriel
Anonymous says
I agree that woman and her so call lover should be made an example.(make them suffer and have a public execution). She did not care for that boy and she should gave Gabriel to someone who would care for him. For the teacher, I would not let Gabriel go home to those monsters. I would have kept him with me eventhough I would have lost my teaching job. God my heart is broken for this little boy and any child that has been abuse. Make murder example torture them and public execution.
Sheri Beach says
I agree with you
hello says
Some of these young Mother’s problems come from being SET-UP, by the father, by the social worker, by SOME PSYCHO on the Street,.that is targeting them, and getting them a case with DCFS., by sending out his worker’s to get you on drugs, and groomed for his next move. It make’s me wonder how many are a part of it. It makes me wonder did they targeted Gabriel’s family??? Look there are people on the streets that I believe are getting Money$$$ to befriend people with an apartment, house, what have you to get on drugs, threaten them, use there place, to stop you from getting your kids back, get you to catch a case, maybe threaten you, while your so drugged up, abuse you, rape you, sell you, and get you kidnapped like Monique Figueroa or Michelle Russ to some sex trafficker. This is NOT A JOKE PEOPLE, THEY THINK THEY ARE SMOOTH CRIMINAL’S. YOU can’t let
your guard down!! The social workwr said something to me about a gang, and told me that “you don’t have to take it to court” PLEASE TELL ME WHERE I CAN GO TO TALK TO SOMEONE THAT WILL HELP ME AND NOT HURT ME OR MY FAMILY. FALSE RUMORE, FALSE REPORTS, WE NEED TO HOLD THEM ACCOUNTABLE. What about the Mother’s that were targeted by gangsters, I have PROOF, I started reporting it every since someone told me information told to them by an authority figure. There’s a guy who a social worker told someone that he is not suppose to have kids… WHAT??? IS THAT WHY THERE PUTTING KIDS ON MEDICATION???? THAT’S PROOF RIGHT THERE THAT YOUR NOT FOR THE CHILDREN. HOW MANY CHILDREN HAVE YOU MADE UP LIES ABOUT??? DIRTY BASTARD’S!!! PLEASE MAKE THE WHOLE OFFICE DO A LIE DETECTOR TEST.PLEASE!! I GUARANTEE YOU THAT THEY WON’T PASS !! WE CAN’T EVEN VISIT WITH OUR KIDS, BECAUSE THE FATHER DOESN’T CALL, GIVE US CONTACT INFO. THE COURT SAY’S THEY CAN’T DO ANYTHING ABOUT IT. WHERE ARE THESE KIDS BEING ADOPTED TO??? ‘H E L L O, I WOULDN’T DOUBT IF SOME ARE IN THE HANDS OF THESE SICK PEOPLE. ONE DAY I WENT TO THE DCFS OFFICE AND HEARD A COUPLE GO UP TO THE WINDOW AND ASK ABOUT GETTING THEIR NEPHEW IN THEIR HOME, AND THE LADY SAWHAt’S TO THEM, HE IS ALREADY IN THE GRANDMA’S HOME, I HEARD THE COUPLE SAY “NO, HE IS NOT WITH HIS GRANDMA” I BELIEVE THIS WAS ON JUNE 9th, 2013, Where there was another Mother Christine or christa Chica who waited hours for a worker to come out to talk to her. AnthAnother time,a social worker came out to the lobby, and stated that “it’s crazy back there”. I perceived it as they were arguing over a kid, and where to place him or her. A long time ago I heard the news talking about how there are many many kids from the US being bought to other countries. I wouldn’t doubt if it is really true. It seems like some of these people in the DCFS office are have realized that people want to adopt pretty, good looking kids. A Grandmother told me in the DCFS that they removed her 2 grand children, but gave her back the dark one, and adopted out the light skinned one. Now, notice this, have you noticed that there is a lot of biracial families in the DCFS system. Then you notice there on drugs, IT’s Crazy!!!
Shane Falco says
Well…of course these fine upstanding citizens were set up. Why else would these fine upstanding citizens use drugs and beat their children? DCFS, with their complete overload from the antelope valley, just wants to sell off children.
What other explanation could it be?
George says
This system is a mess,the the workers do nothing for these kids they get over paid,they don’t do good job like 40 yrs ago no pride as or the parents thee scum and life in prison, I read this to ofen, its time we get ride of the bad workers and loose thretirerment clean house I am a trump fan not a crooked Hillery fan this country is in trouble
smdh says
Seriously what does A**hole Trump or Hilary have to do with this!? This was prior to anything. What a moron! They just need to sentence these animals and be done with it! Just a waste of time, send them to prison it’s time for KARMA to kick in..just for the record please spell check!!!
George says
People like the President are responsible for this country ,the way it is 50 yrs ago it wouldn’t be like this ,these kids to day they don’t want to work they want a free ride even 40 yr olds lazy and the goverment wont let u spank ur kids its bs wake up people go back to the sixty’s people worked and never talk back to an adult ,you must have ur head up your azz to not see this
Laughing says
50 years ago there were more jobs than workers.
50 years ago families usually had one working parent and one stay at home parent.
50 years ago parents were not afraid to spank their child.
Over 50 years there has been a population explosion world wide.
Over 50 years the rise of robotics replacing many humans in repetitive assembly jobs.
Over 50 years the idea of centralized food production has diminished food prep jobs for the youth of the country.
Over 50 years prices have risen and families now need two jobs to afford a home. Meaning less parental guidance.
Over 50 years societal institutions like DCFS have been given increased power with little oversight and are not being held accountable for bad workers.
No single president can fix this. Society has to deal with the ‘anthill’ that humanity has become.
Shane Falco says
People naively believe that spanking your kids is against the la or is child abuse. That is completely false. Spanking your kids is legal and using a paddle or belt is legal too. The California attorney general stated that it is acceptable to use an object other than the hand, but the punishment must be “necessary and not excessive in relation to the individual circumstances.”
My parents spanked us and we spanked all of our kids.
Tim Scott says
Your endorsement of spanking would carry a lot more weight if you hadn’t turned out so badly.
Shane Falco says
Tim, I’m in the fire department with a fair amount of rank, never been in trouble with the law, have an MBA, own a business that as of last week employs 17 people, own three homes and pay property taxes in three different counties, have had all my kids graduate from college or still in college who also have never been in trouble with the law.
Yes Tim….turned out so badly.
Now, now, kids.. says
Ok we get it.. you two really don’t like each other. Can we try to stick to the subject at hand instead of throwing petty insults at each other. although sometimes somewhat entertaining, it really has nothing to do Gabriel or his scumbag mother and boyfriend.
Tim Scott says
LOL…fair enough.
George says
Clinton lover ur crooked if u like that witch her husband had sex an didn’t addmite it she let a great navy seal die u stupid
Anon says
Right on point smdh. This has nothing to do with Trump or Hillary. This is local. We can thank V. Jesse Smith for representing the negligent Merritt and allowing him to return to work. Smith is unfit for public office.
tom petty says
I think that we citizens have no clue how the DCFS really works.. we all think that we have TONS of loving familys to place kids who are in a bad home.. but no… we dont.. heck some of the ghetto trash families we place kids in are just as bad as where we took them from.. sorry but thats the truth..