LOS ANGELES – The prosecution announced Wednesday that it will seek the death penalty against a Palmdale couple charged with capital murder in the beating death of the woman’s 8-year-old son.
Pearl Sinthia Fernandez, 31, and Isauro Aguirre, 35, were indicted last summer in the May 2013 killing of Gabriel Fernandez, whose death triggered investigations into the county’s child welfare system.
The murder count includes the special circumstance allegation of murder involving the infliction of torture.
Aguirre was in present, but Fernandez was not in court Wednesday as Deputy District Attorney Jon Hatami made the announcement that the District Attorney’s Office is “going to seek the death penalty as to both defendants in this case.”
Fernandez and Aguirre are due back in a downtown Los Angeles courtroom July 14 for a pretrial hearing.
The two — who are being held without bail — were initially charged in May 2013 with the boy’s killing.
Prosecutors took the case to the grand jury last year to avoid continued delays in the case, Hatami said last year.
Fernandez and Aguirre are accused of inflicting multiple injuries on the 8-year-old boy, who suffered a fractured skull, several broken ribs and was burned.
Los Angeles County Fire Department personnel were sent on 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. Gabriel was declared brain-dead that day, but not taken off life support until two days later.
In July 2014, the boy’s father, three siblings and paternal grandparents filed a wrongful death lawsuit against the county departments of Children and Family Services and Public Social Services, the Sheriff’s Department and the Palmdale School District. Fernandez and Aguirre were also named as defendants.
The lawsuit alleged that the siblings, like Gabriel, were “compelled” by county officials to live with Fernandez and Aguirre and were also “physically and emotionally abused” by the couple.
Family members, neighbors, teachers and others made more than 60 abuse reports to the proper county authorities, according to the lawsuit.
County authorities previously said two social workers and two supervisors were ordered fired in the wake of the boy’s death.
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Previous related stories:
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
Jay says
Look at that precious boy. Omg. There’s evil in this world and no matter what happens to those two here on earth, they still have to go before the ONE judge one day. I pray that little Gabriel rests in peace. These stories of child abuse really break my heart.
Sofia says
I don’t know how parents could even think about doing this to their child. It’s sad. May he rip.
Ysell says
This breaks my heart .. Poor boy this world is so crazy why even have kids to treat them like that
John says
Death is too easy for them…
Johnny Trece says
When you know that your days are actually numbered, the days are long and grim. Just imagine if you know the exact date and time that you will cease to live.
HEATHERMICHELLE says
Don’t trip they still have to meet there maker!
J says
The people at social services are very much responsible for this as well- 60 reports and this still happens? My heart hurts so much for this sweet boy & the rest of his siblings. Sending prayers and love to them.
Johnny Trece says
There are certain workers within the department that completely dismiss the fact that their colleagues screwed up. They are in complete denial.
Ohhhh says
I think they should be tortured the same as they did to this little boy, only drag it out…
Johnny Trece says
I was thinking the same thing. Let’s stone them to death!
Jenn says
start off with the harshest punishment and then work your way down as opposed to start with the least amount of punishment.
Tim Scott says
LOL…talk about political grandstanding! I’m almost certain that the DA is fully aware that as of this moment California has no death penalty law that has not been ruled unconstitutional, so all the “seeking” in the universe is not going to produce a death penalty in this case. Clearly this is just thrown out there as pandering to the “skip the trial and execute someone” fascists that are so vocal around here.
Annon says
What a waste of time and tax payers money on this case…. just hang them with any further delay. RIP Gabby…
so sad the system needs an complete overhaul... says
That is so sad, and totally ridiculous it needed complete overhaul on children’s services that’s good they fired the Chiefs and the Indians may that young man rest in peace Rudy Reed