LOS ANGELES – Los Angeles County District Attorney Jackie Lacey announced Thursday that two social workers and their supervisors were scheduled to be arraigned on felony charges in the 2013 beating and torture death of 8-year-old Gabriel Fernandez of Palmdale.
Social workers Stefanie Rodriguez and Patricia Clement and supervisors Kevin Bom and Gregory Merritt each face felony counts of child abuse and falsifying records. [View the criminal complaint here.]
The 30-year-old Rodriguez and 65-year-old Clement face charges they falsified reports that should have shown signs of Gabriel’s escalating physical abuse, allegedly at the hands of his mother, Pearl Fernandez, and her then-boyfriend Isauro Aguirre.
The 36-year-old Bom and 60-year-old Merritt face charges they should have known they were approving false reports that conflicted with the evidence of Gabriel’s deteriorating physical well-being as contained in the child’s case file, allowing him to remain at home until his death.
“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,” District Attorney 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.”
A complaint for an arrest warrant was filed on March 28, prosecutors said. The four were scheduled to be arraigned Thursday at the Foltz Criminal Justice Center, and prosecutors would ask that bail be set at $155,000 for each defendant, according to the District Attorney’s office.
If convicted, each of the four defendants could be sentenced to as much as 10 years in state prison.
Gabriel’s mother, Pearl Fernandez, and Isauro Aguirre are facing capital murder charges for allegedly inflicting fatal injuries on Gabriel. 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.
Rodriguez, Clement, Bom and Merritt worked for the Los Angeles County Department of Children and Family Services and had a legal duty to protect Gabriel from the time the DCFS case was opened on Oct. 31, 2012, until he was declared dead on May 24, 2013, prosecutors said.
Gabriel died from multiple injuries, including a fractured skull, broken ribs and burns over his body.
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. A Los Angeles Superior Court judge recently ruled that the county must resume paying Merritt’s salary.
Philip Browning, director of the DCFS, said 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.”
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UPDATE: The four defendants made their first court appearance Thursday, April 7, but the arraignment was postponed to April 21. Los Angeles Superior Court Judge Sergio C. Tapia II rejected a request by defense attorneys to release the four on their own recognizance, noting that the charges are “serious” and involve a “situation where there was the death of a child,” while acknowledging the four defendants voluntarily came to court and none has any prior criminal record. The judge set bail for each of the four at $100,000, despite Deputy District Attorney Ana Maria Lopez’s request for $155,000 bail for each defendant. The prosecutor told the judge the allegations are “very serious” and the consequences are “dire.”
Clement’s attorney, Darcy Calkins, told the judge 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, “My client’s name will be cleared.”
Editor’s note: Story updated with additional information from City News Service.
Related stories:
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
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carol says
I know of a case where a little girl at age 2 was taken from mother given to grandmother she had a decease that would make her go into fevers the mother used drugs so of course the child was better off with the grand parents social worker came out to visit grandmother had broken out in hives real bad the lady told her they were speed bumps grandmother pleaded to have drug test run she did not do drugs they took the child put her in foster care died within 12 hrs people didn’t know what to do when she had an episode with her decease grandmother drug tested no drugs she was going through menopause shows great work of our dps system
Stillborn says
Unless the 4 defendants signed an agreement in which they understood that they could be held criminally liable for neglecting their duties OR if the D.A. decides to go after every case in which kids should have been taken away but were not and that didn’t result in a death, if not, then no, these guys shouldn’t be charged with anything. Every county, state or federal agency has workers who are lazy, worthless and who have become desensitized to everything. If I want to see people who stopped caring about their jobs and the public a long time ago I can just head to: DMV, Welfare, Social Security, Immigration, Code Enforcement, The Courthouse, IRS, and lets not forget my personal favorite: Animal Control.
I guarantee you that if I worked for DCFS for just 6 months I would get fed up with dealing with ghetto trash familys, lying parents, Vengeful callers who only file a report because they got shorted on a dope deal and want payback and having to sort though all that BS and try and figure out which kids really need help. After a while, I just wouldn’t care. But that shouldn’t be a criminal offence.
Oath says
You take a oath to protect as a social worker, they did NOT. I’m a nurse and I took the sale oath, so I could be changed if I don’t report. Those social workers blame over worked and under paid as a “reason” to not notice the severity of this case even though the teacher reported it several times. There is NO excuse good enough to not proceed with criminal justice to the fullest extent. And that still won’t be enough.
unknown says
As a nurse you are protected by an oath. There is not an oath or the same protection for social workers. If a patient dies in your care again you are protected by insurance. This is not the same for social worker. Imagine as a nurse on 1 shift you are caring for 38 patients by yourself. Will every patient be happy and cared for properly?
Tiffany says
Systems are not responsible for families. Families are responsible for their own. Do your job at home and stop trying to blame others for poor parenting. Do you think if all social workers did their job to 110% there would be no more child deaths?
Gladys says
We are talking about this child, Gabriel, not all the others. They left him in that house to be killed.
Tiffany says
His parent(s) petitioned the court to regain custody of him and jumped through all the hoops that were required to do so. That is the way it works. Many systems were involved that failed; I recognize this. An innocent child was murdered…but the at the hands of his caretakers. Again, take responsibilities for your own. If you can’t control your own, why would you think strangers can? Let alone a system that enters the home for 1 hour a month if even that. Why do people put their lives in the hands of government? If it were my family, I would’ve caught a case for mine.
Doc Rivers says
V. Jesse Smith who fought to get these pitiful excuses for civil servants jobs reinstated with back pay is a candidate for the upcoming Palmdale elections. My job is to make sure he personally gets credit for the sad state of individuals that he and his kind protect. Gabriel will be campaigning against you V.Jesse Smith.
CAP'N LANCASTER says
Ole Vee Jessie is one of Ole Rex’s lackeys. Avoid him at all costs.
Emma says
Every year, throughout the country stories like this are repeated. Some people are willing to blame “the system” and some only the perpetrator. As much anger and sorrow as these stories move our hearts, remember, there are no governmental controls that can stop heinous human behavior. When people in government fail, it is rarely due to negligence alone. CPS workers alone are rarely hailed as heroes. Instead they are vilified as baby snatchers earning big money, who are sloths at the government troth. Worse still, we adults are expecting children to report to us their circumstances. Why didn’t the other adults surrounding this child really look at him? What about the relatives who had access and prior knowledge of this mothers lack of care go into the home? Were they afraid? What kept them from being more vocal and suspicious? Something kept adults from probing further. Something stopped the adults from acting. The family, the neighbors, the police, the teachers the CPS workers. Each and every one of them was relying on another to get the facts. Why? Because this child was old enough to talk and report? Because this mother and her boyfriend were so intimidating they wanted to avoid confrontation? Because despite a history of serious neglect and lack of any parenting, there were no other indicators they could see? Yes, we can blame the CPS workers and let it all fall on them. But this alone will not stop the next death.
Just like the probation officer in the Jaycee Dugard case was steps away from her in the yard, and he turned around and left. If citizens want real investigations then they will also need to accept that CPS/LEO’s be allowed to interfere in the parent child relationship for inquiry. As it stands, most people are willing to eviscerate CPS as the long arm of government who don’t belong. And any CPS worker who has been reluctant, fearful must continue to feel the burn of hatred from the neighbors as they knock on the door and enter a home with irate, angry and sometimes disturbed people. Who wants to do that every day while trying to meet all the other deadlines, judicial demands and threats. Not many, not many. When was the last time anyone publicly supported CPS? All their good works are done in the margins and are not published due to privacy. This is what creates and allows, the “bad apples” to remain. Too few remain to do the job, so the agency keeps pulling them along in the vain hope that they can rehabilitate the worker. And they allow CPS workers to be lead by supervisors who have book knowledge, and very little experience to truly guide new workers. If you really care get involved and offer your help. Join CASA, become a respite provider for foster parents, get to know your local office and ask what you can do. This doesn’t have to remain a common occurrence.
Gladys says
The Mother and her boyfriend are to blame. However, since all these DCFS peeps turned a blind eye so they didn’t have to do the paper work, they need to go to jail for some form of abuse of power. As well as participating in the torture and murder of that poor child. With so many reports made by different people and the Grandfather begging to keep this particular child, they ignored all the red flags. Classic case of getting paid for doing nothing.
Tim says
News report says one of them was getting paid $166,000 per year. That’s a lot for doing nothing. I wonder how they live with themselves.
There were multiple reports, physical evidence (he had a bb embedded in his chest), family members willing to take him. It seems like they were trying to ignore the situation.
Was it laziness or something more sinister?
Tiffany says
$116,000 after 25 years of unblemished service. Someone who has a reputable name in this community. Have you asked how many families he HAS saved? I wish you knew the ins and outs. It’s always easy to throw stones. After all, you’ve always second-guessed everyone you trusted, and have researched everyone’s integrity, right?
Spencer Vanderbilt says
DCFS is Lancaster and Palmdale need a make-over. They are corrupt and have a history of making up lies. It is such a contradictory organization. On one hand, it is a financial cash cow for those who foster children on the system and these Social Workers pass along children to established foster parents that they have had years worth of a working relationship with. Then stories like poor Gabriel, who should of been taken out of his home. Someone I know who is trying to adopt a relative out of foster care is going through the Ringer with DCFS in the AV. They have made up lies in court documents and with evidence refuting these claims, the supervisors are still sticking to the case workers testimony and not allow this good family to take in their own. Here is a quick fix:
All communications from DCFS to clients and the public will be recorded and the transcripts stored for 3 years. This will also be made available upon request by parties involved. All communication devices audited yearly with 25 percent done each quarter. If we are going to require police to wear body cams, why not require Social Workers to have recorded communications so that it is not a he said she said and knowing that someone is listening or watching at all times will make the Workers want to do the right thing, always.
Dauntless says
The social workers are just as guilty as the murderers themselves. Perhaps, more so, since they’re trained professionals with the moral and ethical responsibility to protect the children that are assigned to them. The one worker didn’t even do the home visits that she was suppose to do! They simply ignored the signs, for, whatever reasons. They just didn’t do their job!
geez says
They are more guilty than the murderers themselves? You are absolutely crazy. Either that or stupid. I just can’t, at this point, figure out which.
Yanira says
I don’t know the full details of this case but before everyone starts pointing fingers, remember that our work to advocate for children and families is by far, one of the hardest things to do in a system that has major organizational and systematic concerns. It is not always clear where or what went wrong, nonetheless, it is a tragic event for everyone involved. To work in social services with families you don’t need a good heart,,, most of us have that…that is why we selected social services field…. instead you need a heart and stomach made of iron because it is unfortunate that year after year these cases continue to overflow. Where did we wrong? When will the system change or what can be done to improve a system that is concerned with numbers, deadlines, court-dates, getting that medical dollar, and families can barely get an appointment to speak with their worker before they transfer the case to another worker for multiple reasons. Just saying…besides finding people to charge (point the finger at) what other actions will the system take to prevent other situations similar to this one or can they?
CHS says
They will be indicted. I can’t see this holding any water. The politicians are being preasured on this and they have to hold someone accountable. Therefore, of course, the DA is going to go after them. This was not a willful act by these Social Workers, this is a result of high caseloads and overworked SW who were neglected by their Deptartment’s Administration. That is who the DA should go after!
CHS says
Correction****
They will be acquitted. Not indicted.
Michelle Egberts says
CHS… obviously you don’t know the judicial system nor the elements of a crime. They will be made an example to all other DCFS workers… lie on your reports to cover your a$$ and go to prision. They all will take a plea bargain as a jury will find them guilty. Don’t be a fool and give excuses for them.
emma says
Yanira, You are correct. When CPS became more of a reporting agency instead of a protection agency the issues only became worse.
Lucinda Jones says
I feel sorry for the little boy rip I hope the workers are dealt with to the full extent of the law
Shane Falco says
If only there was some way to keep DCFS from coming into your house to take your kids away.
Surely, somebody by now has found a way to keep DCFS from taking their kids.
disgusted says
what are you talking about??? DCFS should have taken this little boy out of his home way before he died. they knew for a long time he was being abused and ignored the evidence and falsified paperwork instead of getting him out of that abusive environment! Shame on them for allowing him to die by the hands of his mother and her disgusting boyfriend. This is beyond heartbreaking and all 4 of these people should spend a long time in prison for the part they played in this needless tragedy.
Charlie says
I know sometimes it is difficult to pick up sarcasm in writings, but that one is pretty obvious, however you make a good point DCFS social workers are obligated to protect our children and falsifying reports that caused a child his life should not be acceptable to any of us.
SMHX2 says
Every time I read something related to this story, it breaks my heart. I am glad they are making DCFS staff accountable, but it is certainly too late for Gabriel. I just can’t comprehend how you would hurt someone you brought into this world. Children are helpless and they need protection, love, and education to succeed in life. Society needs to be more involved in the raising of children in our community. RIP little one!
John says
My Grand daughters were taken away from their mother, my daughter about 8 years ago and given to her boyfriends parents who were told that the boyfriend could not live in the house with them. Unfortunately this never happened. He was arrested several times and allowed afterwards to continue to live in the same house. The boyfriends mother does not speak english and the family only speaks spanish in the home. Don’t misunderstand me, I’m not against my grand daughter learning and speaking 2 languages. But I also don’t believe that they should have been forced to live in a spanish speaking home when they only knew english as children. Recently as of last year 2015 both the boyfriend and his father were arrested at the home and the girls were placed into foster care instead of being allowed to go live with their mother and 2 bothers. Or for that matter myself. I am a retired Firefighter/EMT with NO criminal record. I own a very large and nice home where my grandsons had lived most of their lives with me and their mother. After about 6 months in foster care my 3 grand daughters were placed in the home of the boyfriends sister. Again , don’t get me wrong, I think she is a very nice person and provided a home for all 3 of them. Then after a few more months the social workers placed all 3 of my grand daughters back into the home were the Boyfriend and his father were arrested at for drugs. This has been an ongoing problem for more than 16 years with the boyfriend and his father. Why on Earth are the hispanic social workers in Palmdale so set on placing children in a dangerous situation? The entire Department needs to be investigation. In the beginning before my grand daughters were placed in this house they lived either with me in my home or their mother. My oldest grand daughter who was around 5 at the time kept coming to visit me covered in bruises on her legs, arms and stomach. I took pictures and submitted them to the court. The Social Worker got mad and told the court that I was just trying to cause problems and then requested that my visitation with my granddaughter who use to lived with me be removed and that I only be allowed to have a 2 hour visitation once a week at their building. Unbelievable, yes but it happened and the court told me that if I make anymore complaints then I would not be allowed to visit with my granddaughters. After spending thousands in attorney fees to represent me after this to get temp. Custody of my Grand daughters the court with their ultimate wisdom and the Social Dept gave my Grand daughers to the boyfriend parents. The system there in Palmdale Ca is the worst I’ve ever seen. So much corruption and dishonesty in both the Social Dept and Court.
Emma says
John, Watch “divorce Corp” regarding Ca. family court behavior. Better yet, (though I”m sure you’ve already done this) read the federal law (adoption and Safe Family Act) and the California State Plan. The latter being the method in which each state communicates to the Fed it’s plan to comply with and implement policies that are mandated and tied to federal dollars.
SMHX2 says
It’s not just in Palmdale, I personally know two horror stories that hit very close to home. My son’s 1/2 sister was taken from her mother and father and the entire family (wealthy BTW) could not win the case to gain custody of the little girl. She was taken away at the age of 4 and adopted and taken out of the county. My son is now an employed and responsible 22 year old and he wants to adopt her and they sealed her records, he has no idea where she is. It breaks my heart to see him depressed, I wish I could have done more, it happened 6 years ago, but it was not my place to intervene for that is my ex-husband’s child. Another story is about my daycare provider, she adopted a young girl that was found in the most filthy conditions in Lake LA, the mom was an alcoholic and she had 5 minors under the age of 7 packed in a trailer. My daycare provider struggled to adopt her, she was a foster parent for years until they allowed her to adopt her. I don’t know what DCFS’ policies are, but I certainly know that they make terrible judgments in many, many cases. Having children is very difficult, people need to think much more before procreating. I keep reminding my 22 year old that he needs to be very responsible and only bring life into this world when he is financially and emotionally ready, anything before that will likely end up bringing suffering to the child, who never asked to be brought into this world in the first place. Not fair!
sickofit says
Unbelievably inhumane treatment of that sweet little boy.
Jeni says
Several blame the workers, I do not know the facts of the case to determine their guilt, but what I do know is that there are so few foster homes available in LA County, that only the worst of cases can allow for children to be removed. To fix the system we have as a safety net for our precious children, WE need to do our part and become foster parents. DCFS has no problem responding to situations they are aware of, they simply have no where safe to place these children while they train and work with the parents. I am NOT opposed to punishment for those that tried to cover this horrific incident up. Let’s do OUR part Palmdale/Lancaster citizens.
my 2 cents says
@Jeni… DCFS DOES HAVE A PROBLEM RESPONDING, as they were made aware from several people multiple times, including his teacher and grandparents and LIED on reports. I totally get that more foster parents are needed, if said CSW can’t handle the load, then they need to speak up and not lie about it. Most CSW’s work tirelessly with dysfunctional families, and just as with any other job, there are bad apples.
It'sastart says
PALMDALE DCFS STILL HAS MORE SOCIAL WORKER’S THEY NEED TO GET OUT OF THERE!!!!!!!
Sandra says
“Gabriel died from multiple injuries, including a fractured skull, broken ribs and burns over his body.”
As far as I am concerned every adult this child came into contact with should be investigated to see if there is any brain activity going on inside their heads. Every single
one of them failed this child and they all had a hand in his death. I do know this, if any child shared with me that they were being abused. That child would have my full protection until he or she was placed in safe conditions. The law be damned. Society is set up in a manner that children are powerless. It is every adults responsibility to protect children. Period. It makes me sick to even think about what this child went through. I wonder do these so called parents have other children. A skull fracture, broken ribs, burn marks. How can you begin to think any of that is okay. I am going to follow this case to the end. I bet next to nothing is done to any of the adults involved.
Rhonda says
His teacher repeatedly called for help for him. Neighbors called it in too. Makes me angry that DCFS didn’t help him.
Carol Kreft says
I’m glad these social workers are being held for the death of poor Gabriel, hoping it will wake that system up. Do your
Jobs people that’s what you get paid for.
Reed says
I just don’t understand why the social workers would do such a thing. It is their responsibility to take care of these helpless children. Why would they falsify the records and keep this child with these god awful people? I hope they ALL get the maximum sentence and are never allowed to work with Children again. As for this Beautiful Angels so called “Parents” I trust they are getting beaten well… I mean TREATED well in prison. That is one thing majority of inmates do not take kindly to, and that is child beaters/molesters.
Diana says
I’m sure these monsters are being”protected” from the beatings they so rightly deserve,It’s called protective custody.
Anonymoose says
Has there been a guilty verdict handed down? No? So maybe don’t pass judgment if you don’t know the facts yet.
quicksilver says
@Anonymoose, STFU and crawl back into your hole. Where you been for the last 3 years and don’t know “the facts”? You’re either one of the 4 defendants, or related to one of them. Either way, it sucks to be you doesn’t it?
Tiffany says
STFU? Because you know the facts? Lol. I’m sure you do, I’m sure you do…from the media. Your view must be great from that glass house. Since you know the facts, you should be the prosecutor. An innocent child is dead. His family stood idly by. If it were your grandchild, nephew, great-nephew…you would’ve waited for an agency to save him? You wouldn’t have risked yourself for him? Yeah, STFU.
Ana says
Gabriel is dead, multiple injuries! I don’t need a guilty verdict to pass judgment. Scumbags is what the mother and boyfriend are.