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Jury recommends death sentence for man who tortured, killed 8-year-old boy

by The AV Times Staff • December 13, 2017

LOS ANGELES – A jury recommended Wednesday that a Palmdale man be sentenced to death for the torture-murder of his girlfriend’s 8-year-old son, who was repeatedly shot with a BB gun, beaten and forced to sleep in a small cabinet with his hands and feet bound and his mouth gagged.

The seven-woman, five-man jury deliberated for about seven hours over three days before recommending that Isauro Aguirre, 37, be put to death for the May 2013 killing of Gabriel Fernandez.

The boy’s mother, Pearl Sinthia Fernandez, 34, is awaiting trial and also faces a possible death sentence if convicted.

Superior Court Judge George G. Lomeli ordered Aguirre to return to the downtown Los Angeles courthouse for sentencing on March 8, when the judge is expected to hear an automatic motion to reduce the jury’s death penalty recommendation to life in prison without the possibility of parole.

“We were plucked out of our everyday lives and brought together to serve on this case and we came together to bring justice for Gabriel,” one of the jurors said in a statement she read in court on the panel’s behalf after the hearing.

The jury’s verdict came shortly after the panel heard a read-back of testimony by William Adams, a consultant who spent more than 26 years working for the California Department of Corrections and Rehabilitation. He was the defense’s final witness.

In his testimony last Thursday, Adams said he believed Aguirre was “more likely to be prey than predator” among the state prison population if he was sentenced to life without parole. But he acknowledged under questioning by the prosecutor that it was his personal opinion that the defendant had committed an “evil” act.

Lomeli rejected the jury’s request for a transcript of the attorneys’ closing arguments or for a slide shown by Deputy District Attorney Jonathan Hatami during his closing argument, noting that “nothing that the attorneys say is evidence.”

The judge offered jurors the chance to hear another 30-minute summation of the case from attorneys on both sides, but the panel passed.

In a note submitted late Monday, the jury asked what the outcome of the case would be if the panel was unable to reach a unanimous verdict in the trial’s penalty phase. At a brief hearing Tuesday, the judge told the panel that the question was “a little bit premature,” noting that the jury had not spent very much time discussing that portion of the case.

On Nov. 15, the same panel convicted Aguirre of first-degree murder and found true the special circumstance allegation of murder involving the infliction of torture.

During about two weeks of testimony in the penalty phase, the jury they heard from witnesses including the boy’s biological father, Arnold Contreras, who testified that he was in a Riverside County jail when he learned that his son had been beaten and was on life support. He said he felt guilty and helpless.

One of the victim’s uncles, Christopher Contreras, told jurors that he was a military veteran who had “seen some bad stuff in war,” but said what the boy went through “makes it nothing.” He said he still remembers how Gabriel looked in the hospital whenever he thinks of his nephew.

The boy’s first-grade teacher, Jennifer Garcia, said it fell to her to explain to his classmates at Summerwind Elementary School in Palmdale that he would not be returning to school because he had been killed.

Two of the defendant’s younger sisters were called to the stand by the defense, with one of them, Elizabeth, testifying that she and other family members don’t believe he is responsible for the crime. Others who had worked with Aguirre at an assisted living facility for the elderly in Woodland Hills in the mid-2000s said they recalled him as “kind” and “very caring.”

Hatami told jurors during the trial’s guilt phase that Aguirre believed the boy was gay and systematically tortured him for months.

In his closing argument Monday, Hatami showed jurors photos of the child’s “head-to-toe” injuries and said the death penalty is the “only appropriate and just punishment” for Aguirre.

“There is nothing worse in our society than a grown man murdering and torturing an innocent little boy,” Hatami said, reminding jurors of testimony that the boy was forced to sleep in a small wooden cabinet with his hands tied behind his back and his ankles handcuffed.

“Stuffed in that box … cold, afraid, lonely, hungry, probably hard to breathe,” the prosecutor said. The boy “defecated and urinated in that box” and “even was force-fed his own vomit. The defendant broke Gabriel’s spirit.”

Aguirre “beat Gabriel to death with his fists and his hands … in front of Gabriel’s own brother and sister. What type of man would do that?” Hatami asked. “Not a man with any goodness in him.”

The prosecutor reminded jurors that Gabriel’s “emaciated little body had nine metal BBs in it … a lacerated liver, a fractured skull, whip marks on his back … unimaginable pain and suffering at the hands of the defendant.”

“What type of man would punch a child 10 times in the face? Not a man with any goodness in him,” Hatami said. “Death was likely a merciful end to Gabriel’s pain and suffering.”

One of Aguirre’s attorneys, John Alan, acknowledged during the guilt phase of the trial that his client committed “unspeakable acts of abuse” against the boy before “exploding into a rage of anger.” But the defense contended that Aguirre never meant to kill his girlfriend’s son.

During his closing argument in the trial’s penalty phase, Alan noted that his client had never been convicted of any other crime and had no prior history of violence.

The defense attorney recalled testimony from Aguirre’s co-workers about his “compassion, empathy, gentleness, kindness, respectfulness and patience” in dealing with the elderly at the assisted-living facility before he went on to work as a security guard.

“I don’t think we’ll ever truly understand how that person … gentle, kind, patient, respectful … came to commit this horrific crime,” Alan said. “I believe that the answer, at least in part, lies where Isauro’s life intersected with Pearl’s.”

Pearl Fernandez was “violent, abusive and neglected her children even before she met Isauro. Even her own family considered her a danger to her children,” the defense attorney said.

Aguirre’s attorney told jurors it is up to them to determine if Aguirre will spend his life “behind concrete walls and steel bars in prison until he departs this Earth in God’s time” or dies “prematurely at the hands of man.”

“The death penalty is not required for even the most heinous crime,” Alan said, reminding jurors that they were each being asked to make “a personal, moral decision.”

Los Angeles County Fire Department personnel went to the family’s home in the 200 block of East Avenue Q-10 in Palmdale on May 22, 2013, in response to a call that Gabriel was not breathing. He was declared brain-dead that day and taken off life support two days later.

Aguirre and Fernandez have been jailed without bail since being charged in May 2013 with the boy’s death. The two were subsequently indicted by a Los Angeles County grand jury.

Two former Los Angeles County social workers — Stefanie Rodriguez and Patricia Clement — and supervisors Kevin Bom and Gregory Merritt are awaiting trial on one felony count each of child abuse and falsifying public records involving the boy.

Amanda Nevarez, who created the Gabriel’s Justice page on Facebook that has been liked by more than 81,000 people, said she believes the jury’s verdict “sends a very clear message that children are important” and a “clear message to parents and any potential abusers that it (child abuse) is not O.K.”

Previous related stories:

Testimony wraps up in penalty phase of trial for man convicted of torture-murder of girlfriend’s 8-year-old son

Convicted killer’s younger sister says she doesn’t believe he tortured, murdered girlfriend’s 8-year-old son

Co-workers testify to convicted murderer’s compassion for the elderly in penalty phase of trial

Jury hears from uncle of slain 8-year-old boy in penalty phase of convicted murderer’s trial

Penalty phase continues for killer of 8-year-old boy, biological father testifies

Penalty face underway for killer of 8-year-old boy

Judge denies motion for mistrial in torture-murder of 8-year-old boy

Palmdale man convicted of torture-murder of girlfriend’s 8-year-old son

Jury deliberations underway in trial of man charged in 8-year-old’s death

Closing arguments underway in trial of man charged in 8-year-old’s death

Defense seeks to convince jury of defendant’s  remorse in 8-year-old boy’s death

Teacher reported alleged abuse of boy months before his death

Eight BBs recovered from 8-year-old boy’s body after his death

Victim’s brother, sister testify about alleged abuse

Palmdale man’s defense attorney admits client murdered 8-year-old boy

Prospective jurors asked to fill out questionnaires in trial of Palmdale man charged in 8-year-old boy’s beating death

Trial date set for Palmdale couple charged in boy’s beating death

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

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Filed Under: Crime/ Safety

15 comments for "Jury recommends death sentence for man who tortured, killed 8-year-old boy"

  1. TheDevilIsWaitingForHim says

    December 18, 2017 at 9:58 am

    Can we torture him first? Do the same things he did to the boy. Then we can send him to HELL.

    • Lopez says

      December 19, 2017 at 12:03 pm

      exactly what I was thinking torture the SOB first then off with his head!! Him and that bitch

  2. Karen says

    December 14, 2017 at 10:40 pm

    The thank you jury! This little child…. I heard from a friend who knows a wife of a cop that he would have just grown to be a product of his neighborhood anyway…i hope this is a lie… I believe in cops..dont let us down lasd….. please don’t let the little ones down I believe there is a lot of prejudice in the world and I believe children should never suffer…. look at what they did…. believe everyone from now on…investigate because they did not want to be hurt.. listen to them no matter where they live.. This hurts me so bad…. I can’t stand the way people are he could have been amazing blame the parents not the innocent. They don’t ask to live in gang areas they are born there.

    • Karen says

      December 14, 2017 at 10:43 pm

      Thank you… jury… I’m sorry I’m crieing… my typing is off
      Thank you for the guilty and death penalty… but that will never bring back a little boy who was ignored for abuse accusations.

      • Karen says

        December 14, 2017 at 10:47 pm

        Accusations ignored by police who threatened to it him a little boy being beaten… they put him in a cop car saying stop your lies or you’ll go to jail….. that’s why he died!!! These cops still work for lasd…

        Why!!!!!!!!!!!!!!!!?????????

        • Kare says

          December 14, 2017 at 10:54 pm

          I’m holding a news media event in my front yard…. family of sheriff’s broke in my home and have harassed me the same time they ignored this child tax payer money was spent in the country club palmdale for nonsense while a child got murdered for the neighborhood he lived… they didn’t care because he lived on q10…. period. I hope they prosecuted.

  3. Poncho says

    December 14, 2017 at 12:11 pm

    May the female sperm recipiant whom later delivered this beautiful, innocent little boy also be sent to death, await 12 years of failed appeals, receive a cold needle in her arm and die slowly, in pain and receive the senrence of Jesus But whoso shall offend one of these little ones which believe in me, it were better for him that a millstone were hanged about his neck, and that he were drowned in the depth of the sea. AMEN

  4. Shocked says

    December 14, 2017 at 11:26 am

    I hope the other one (cannot call her the Mother because she didn’t protect him) gets sentenced to death also. I hope they both rot in prison but one day are actually put to death.

  5. Poncho says

    December 14, 2017 at 10:46 am

    Even Jesus said But whoso shall offend one of these little ones which believe in me, it were better for him that a millstone were hanged about his neck, and that he were drowned in the depth of the sea

    AMEN

  6. Poncho says

    December 14, 2017 at 10:29 am

    Life in prison is insufficiant as a punishment, where he will make friends, moments of happieness, enjoying community with home boys, enjoying torturing the new boys in the cell. This man deserves to die, to worry about it 12 years of appeals, get as kicked by bigger boys then, then hell

  7. Jeanette says

    December 14, 2017 at 8:38 am

    May he get what he deserves in prison, I hope the inmates torture him like he did Gabriel…I rather he suffer for many years.. than die to soon… you fat Coward….. and may Gabriel’s mother gets the same Fate…. you Scom…

  8. Ron says

    December 14, 2017 at 8:02 am

    Well at least he will be in a cage for the next 30 years.

    • Ron says

      December 14, 2017 at 8:04 am

      Death Row won’t be fun.

  9. Can't wait for him to DIE!! says

    December 13, 2017 at 7:19 pm

    I wish prolonged torture for this coward! I wish an “eye for eye” were allowed in today’s world. Good job jury!

    • Scally says

      December 14, 2017 at 5:18 am

      An eye for an eye. Prison will take care of him. He will wish he was dead.

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