LOS ANGELES – A county supervisor on Wednesday blasted a judge’s ruling that the county must resume paying a Department of Children and Family Services worker who was fired after the 2013 beating death of an 8-year-old Palmdale boy.
The decision by Los Angeles Superior Court Judge James Chalfant moves Gregory Merritt a step closer to getting his job back. Another hearing in the case is set for May.
In the meantime, Chalfant said Merritt, who was a DCFS supervisor, should regain his salary and other benefits from the county, to the chagrin of Supervisor Michael Antonovich.
“The lack of oversight by the supervising social worker cost a young boy’s innocent life,” Antonovich said. “The action by the judge to further block Merritt’s termination indicates complete unawareness for the gravity of these mistakes and it further compromises the county’s efforts to protect our most vulnerable children.”
Merritt was fired, along with three social workers, following the death of 8-year-old Gabriel Fernandez.
The boy’s mother and her boyfriend are awaiting trial on a murder charge that could land them on Death Row. Authorities said the boy showed signs of repeated torture.
Following Gabriel’s death, it was revealed that social workers had made multiple visits to the family in response to abuse allegations, but the boy was never taken from the home.
Merritt and social worker Patricia Clement closed Gabriel’s case not long before the boy died.
According to case records reviewed by the Los Angeles Times, Clement had failed to make required visits to the home, and made only cursory notes on at least one visit. Supervisors like Merritt are supposed to review social workers’ case notes.
Attorneys also claimed that Clement and Merritt were both aware that Gabriel had a BB pellet embedded in his chest and had written a suicide note, but did not send him for medical treatment or a mental health assessment, The Times reported.
Of the four people who were fired, Merritt was the only one to appeal to the county’s Civil Service Commission, which ruled that he should be reinstated.
The county appealed that ruling in Los Angeles Superior Court.
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
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John Rockey says
I’m not Hispanic and my heart dropped when I heard this story. I would have taken that little boy no questions asked and raise him as one of my own. No child deserves the evil they put on him. It’s not a race or cultural issue it is a people issue, we as people need to start doing the right things.
ET Snell says
anybody want to go get 20 signatures to start the notice of intention to circulate recall petition and then file it on this goofball advertise a notice of intention in the paper draft your petition final proof of publication with a petition and within two weeks you can circulate your petition for recall that throws the bums out ASAP you’re firedthis judge needs a recall course I’ve never liked judges anyway never have been able to trust a man in a long black dress
Angry mother says
If this is your first clue to the unjustice in the AV then perhaps the whole County Board needs to have some frank talks with those that put them in office!Perhaps you need to hold some of your mettings here in the A V where you all are accessable to everyone.There are very few that can access the board in LA,Perhaps there needs to be a group of people,residents,teachers,day care providers,nurses,doctors that becomes the advocates for abused children.The Courts in the AV have some serious issues and no one for years seems to want to address what to do with these judges who sit at that bench on some Ego trip and believe they are God!! When in fact they are not but are more like the devil who day after day turns peoples lives upside down.I can tell you that some one who must not of liked me turned just me in for child abuse,not my husband,when that was unfounded it was then Animal Abuse,that to was unfounded.
We lost two homes to forclosure,not from lack of not making the payment but the bank forging documets,,the court accomidated the bank,the Judge accomidated the banks lawyer,and it didnt matter what 18 people said that day in court,how many including myself had documets to prove they were altered,and in fact the bank trustee the lawyer claimed he owned the property for the investers who really didnt exsist,Under Calif law a trustee can have no intrest in the property and when I challenged that law the judge ordered a writ to have us removed,We were told our personal property was no longer ours,much of which was stolen,some Auctioned off for $300.00 and the clean up crew selling what they could on Craigslist. We had lived in our home 24 yrs,were raiseing 6 children,and the younger ones it dystroted,I called everyone,and they passed the buck to someone else,including your office.I have since have serious medical issues,some gave up and droped out of school and the sadest is we are just one of thousands this happenend to!! And the bottom line is EVERYONE OUR CHILDREN WERE TAUGHT WOULD PROTECT THEM FROM HARM OR KEEP THEM SAFE HAVE BEEN THE ONES TO FAIL THEM,INCLUDING THEIR GOVERMENT! BECAUSE AMERICIA ISNT REALLY FREE!! MAYBE ONLY FOR THE RICH WHO ARE POWERFUL DUE TO MONEY! IF YOUR GOING TO BE ANGRY BE ANGRY FOR ALL THAT HAVE BEEN TREATED UNFAIR AND PAID A HIGH PRICE!!
Annon says
THIS IS NOTHING LESS THAN A BUNCH OF [removed]. THIS BOY DIED CAUSE THOSE WHO WERE SUPPOSED TO PROTECT HIM FAILED HIM. TO HELL WITH THIS COUNTY, STATE, CITY, THE JUDGE AND THE WORKERS INVOLVED. MAY YOU ALL ROT IN HELL!
Flint says
Further evidence that la county is disregarding the law. First the courts slap down the police dept and now the dcfs.
Doc Rivers says
How can we thank V Jesse Smith for working so hard to free the person that should be fired. This guy wants to be elected to our Palmdale City Council but this action will seal his future as a loser for life. Vote NO on V Jesse Smith.
Anonn says
V Jessie Smith was also a plantiff in Rex’s lawsuit against P
Palmdale for districts. V Jessie Smith is quite the guy
bvIG lOU says
THIS IS A TOTAL MISCARRIAGE OF JUSTICE. A BOY IS MURDERED AND THIS MAN COULD HAVE PREVENTED IT AND NOW HE WANTS HIS JOB BACK. HE HAS NO REMORSE
Disgusted says
First of all this has to be one of the most disturbing cases ever. Knowing, seeing with their own eyes what this child encountered in the hands of his so called mother not to mention the animal of a boyfriend she had. I could never imagine what this little boy lived and wouldn’t wish this on anyone. What this judge did giving this DCFS worker his back pay his benefits since 2013 is a disgrace. Yes, let’s look at it from the other side this little is Hispanic why aren’t we out there protesting, causing chaos! WHY isn’t anyone saying anything but one county supervisor. Where is everyone that was out there raising money for the little boy, everyone that was on Social Media wishing the worst for the mother and her boyfriend, and lets not forget the “grandfather” who was in this only to collect the money that was raised. No need for protest like the one’s we’ve seen on TV or Social Media just so to get our voices heard that this little boy didn’t die alone, everyone hurt for a bit knowing how he died.
PedroVicente says
Im with you.
Looks as of right now that County Supervisor Michael Antonovich is the only one protesting.
The problem is that us Hispanics, are not a very united community.
We need to do better and start rising our voices on cases like this.
T says
Let’s not make this about race! This is about a little 8 year old boy who will never get to finish and Graduate school, have his first crush…his first kiss, Get married and have children. He was robbed of all the wonderful things his life could of brought! Let’s not forget he was a child that didn’t understand race yet.. He only knew that his “parent” was a no good piece of S**t!!