LOS ANGELES – Attorneys are scheduled to appear Monday and seem poised to settle a lawsuit brought against Los Angeles County by the family of Gabriel Fernandez, the 8-year-old Palmdale boy beaten to death, allegedly by his mother and her-then boyfriend.
Two county claims boards voted earlier this month to recommend that the Board of Supervisors pay $2.63 million to settle the claim. The Los Angeles County Board of Supervisors has not yet voted on the matter, but a Lancaster court hearing is set for Monday to dismiss the case pending settlement.
The plaintiff’s lawyer was not immediately available for comment.
Family members of Gabriel — including his father, two grandparents, siblings and four other relatives on his father’s side — filed two separate suits alleging that the departments of Children and Family Services and Public Social Services were culpable in the boy’s death, the result of alleged serial abuse by his mother and her boyfriend.
The boy’s mother, Pearl Fernandez, 32, and then-boyfriend, Isauro Aguirre, 36, are charged with murder in Gabriel’s death, and prosecutors announced last year that they would seek the death penalty against the two. Both are being held without bail and awaiting a pretrial hearing July 28.
When Gabriel died on May 24, 2013, the boy had a fractured skull, several broken ribs and burns over his body, prosecutors said.
The case sparked a firestorm of criticism of DCFS over reports that the boy and his mother were repeatedly visited at their Palmdale home by social workers in response to abuse allegations, but Gabriel was never removed from the home.
Two former Los Angeles County social workers and their supervisors are awaiting arraignment on charges of felony child abuse and falsifying records in the Palmdale boy’s case. The four were released on bond after their initial court appearance April 9.
According to the District Attorney’s Office, the DCFS opened a file on Gabriel’s case on Oct. 31, 2012, and maintained one until the boy’s death. Prosecutors allege that social workers Stefanie Rodriguez and Patricia Clement falsified reports that should have documented signs of escalating physical abuse and the family’s lapsed participation in DCFS efforts to help maintain the family.
Prosecutors also contend that DCFS supervisors Kevin Bom and Gregory Merritt knew or should have known they were approving false reports that conflicted with evidence of Gabriel’s deteriorating physical health, allowing the boy to remain in the home until he died.
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, authorities said.
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.
If convicted, Merritt and the other three criminal defendants each face up to 10 years in prison.
Previous related stories:
Arraignment delayed again for social workers charged in Palmdale boy’s death
Arraignment postponed for social workers charged in case stemming from Palmdale boy’s death
Social workers accuse DA of criminalizing child welfare work
Four social workers charged in Palmdale boy’s death
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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Carlos Ordonez says
It’s happing to me right now, I lost my job cause of there so called investigation and the mother is doing all the crimes.. I’m on my second drug test.. The mother is NOT required to do one, yet still don’t know what’s going on! I am a Male/Father. No rights for Fathers in DCFS, my daughter was raped by the mother and boyfriend, no Chargers were filed.
My says
Who is the lawyer, I need to talk to them.
bb says
I would just like to know who is the attorney for Gabriel case I have a couple off questions and I would love to talk to them.
karma says
I have a question, since they are settling, does that mean the SOCIAL WORKER’S, Don’t get charged and convicted??????? I BELIEVE THAT SOME SOCIAL WORKER’S MUST HAVE BEEN USING THIS MOTHER AND FATHER TO DO GANGSTER CRIMINAL ACT’S, SO THEY COULD KEEP GETTING THERE KID BACK OVER AND OVER…. SOUNDS RIGHT TO ME CONSIDERING ALL THE BULLSHIT THAT HAS BEEN GOING ON..
ANOTHER THING,—-WHY DO THEY ASK QUESTIONS AND YOU GIVE THEM THE ANSWERS OR THEY COULD WVWN LOOK UP THE ANSWERS, BUT THEY STILL DO THERE EVIL [removed]!!!!!
OH, YEAH, I KNOW WHY—-BECAUSE THERE ARE SOME RACIST, ILLUMINATI,, AND JUST PLAIN EVIL WICKEDNESS MUTHER SUCKER’S THAT LIKE TO ADD TO AND MAKE UP STORIES THAT CAN GET SOMEONE KILLED. I WISHED I NEW KNEW THIS BEFORE !!! I WISH I KNEW WHO AND WHY PEOPLE WOULD GO AS FAR AS THEY CAN TO HURT YOU, AND YOUR FAMILY’S LIFE!!
HOW MANY TIMES HAVE THEY GOTTEN AWAY WITH IT??????????
speakup says
A BIG OVERHAUL NEEDS TO BE DONE ON DCFS, AND PARENTS AND PARTNERS, TOO MUCH CORRUPTION IN THEM. WHY OH WHY DO YOU TAKE SO LONG??? TO INVESTIGATE. IN 2009, I HEARD THAT THERE WAS SERIOUS ISSUES GOING ON, AND DCFS SAYING THEY WILL DO THERE OWN INVESTIGATION???? WTF, QUACK, ARE YOU FXXKING SERIOUS??? BUT SOMEONE MUST OF FELL FOR IT, BECAUSE THE EVIL CONTINUED, AND WAS NOT FIXED. IT IS SUCH A SHAME, SHAME ON YOU. HOW MANY KIDS HAVE BEEN SNATCHED AWAY FROM FAMILIES, AND THE EVIL WICKED GANGSTER DCFS CRIMINAL’S FXCKED OVER INNOCENT FAMILIES? HOW MANY DID THEY PREY ON??? CAUSED DRUG ADDICTION, SUICIDE, VIOLENCE… AND HOW MANY CHILDREN WERE GIVEN BACK TO THE WRONG PARENT, THE ONE WHO WAS CLEARLY THE PROBLEM? HOW MANY WERE ADOPTED INTO PEOPLE’S HAND’S THAT MIGHT HAVE SOLD THEM TO OTHER COUNTRIES, TO BE MARRIED OUT, TO BE PROSTITUTES OUT???? AND IF THAT DIDN’T WORK, YOU HAD YOUR GANGSTER TARGET THE MOTHER’S AND FAMILIES. SORRY, BUT MAYBE YOU SHOULD HAVE THESE DCFS SW’S KID’S TAKEN AWAY, AND SEND THE GANGSTERS OUT TO GET THEM ON DRUGS AND STEAL EVERYTHING THEY OWN, AND BEAT THEM UP IN THEIR OWN HOUSE, AND THEN PROSTITUTE THERE ASS OUT. GIVE THEM BAD DRUGS, AND LAUGH WHEN YOU SEE THEM COME TO THE DCFS OFFICE. HAHA, HOW WOULD YOU LIKE IT??? I DON’T UNDERSTAND HOW SOME SOCIAL WORKER’S GET AWAY WITH DOING DRUGS? AND THE PARENT THAT WASN’T DOING DRUG’S GET’S A DCFS CASE LOSE’S THERE JOB, LOSE’S THERE KID’S, LOSE’S THERE BELONGING’S, ALMOST LOSE’S THERE LIFE. THEN TRIES TO DO EVERYTHING TO GET IT BACK PLUS MORE!! AND GET’S LAUGHED AT LIKE IT’S FUNNY IT’S. UNBELIEVABLE, WE SHOULD OWN THE CITY OF PALMDALE FOR WHAT THEY DONE!!
NOTE: I AM VENTING AND WOULD NEVER HURT ANYONE, I LEAVE IT IN GOD’S HAND’S, BUT I DO BELIEVE PEOPLE NEED TO BE AWARE. DO YOU BELIEVE YOU HAVE OR SOMEONE YOU KNOW —HAVE BEEN TARGETED, TRICKED AFTER YOU GOT A DCFS CASE?? WE NEED TO SPEAK UP!
carla says
any money should go to kids in foster homes in a fund to help them out of a child abuse homes and so no one should get no money and the father dont need the money cause he should’ve been there to help his son and take him away from the abuse and the rest of the family doesn’t need it either cause they where not there to help this little boy so the money should go to abused children only in a fund to help kids. and other words why does people want to make money off this little boy who suffered so much. to me let the little boy rest in peace..
Tim says
Dirtbags trying to cash in – they hit the scumbag lottery. They should get nothing but jail time.
J. Garcia says
Any money from this case should go directly to KIDS THAT ARE IN NEED either in hospitals, homeless etc!!!! Gabriel would have wanted to help other kids!!! Nobody should be made rich off of Gabriel’s death. That is beyond evil! It isn’t about money it is about making changes so this will NEVER happen to another child again!!
Kelly says
Gabriel’s siblings and father should be getting all of that money! The abuse that Gabriel’s siblings had to witness is unbearable to even think of. Those poor children. It’s just wrong that Gabriel’s grand father will even get a cent, knowing that he just turned a blind eye to his grand child. How can he even ask for money when he did nothing to help him! I just could not even imagine how Gabriel’s father is dealing with all of this. Wrong on so many levels.
Cathy says
Someone really needs to put a stop to this! That man needs to be in prison and let it be known why he is there!
Palmdale lady says
I couldn’t agree with you more..grandfather Fernandez shouldn’t get SHYTT he stood by and watched the abuse did nothing then when he found out he could collect money after death he started telling anyone who would listen that he called DCFS anonymously…BS lying dog! He took all the fund raising money and spent it even going as far as putting money on that monsters books! He is a horrible little man…he needs to be tried right next to his daughter and the DCFS workers that did nothing to help Gabriel…
SMDH says
YES, I’m really glad that there were other people seeing this!!! This man should be in there with the daughter he knew it and didn’t do crap to help “his grandson” ohhh but while the money was being raised he was the first one there at the fundraiser’s sorry excuse of a human being!!!! He benefited from his grandsons death and probably didn’t even think twice when he was enjoying the money
Geo says
Social workers as next jail there butts no free ride they knew and did nothing , I am watching judge do ur job ur paid to do,
SMDH says
Well like I said it before this was one very, very sad case where negligence was the top issue here. I just hope and pray that the maternal grandfather has no means of getting any of this money that’s coming, this man was only at fund raisers “TO GET THE MONEY” where was he when the abuse was going on? The mother and her boyfriend aside of the Social workers should all rot in H@##. This little boy did not deserve any of this along with a lot of other children who have fallen in between the cracks. People, please be watchful of children that are abused and report it, lets not wait till another tragedy happens…
ANNON says
These social workers are nothing less than garbage. Trash. CaCa….
Desiree says
So glad this will settle – ghe family has been in agony and can finally have closure. The poor dad of Gabriel. I feel horible for him. In my opinion, the sad, and siblings should collect all the money…can you imagine thecdad’s pain :(