LOS ANGELES – An attorney acknowledged Monday that a Palmdale man committed “unspeakable acts of abuse” against his girlfriend’s 8-year-son before “exploding into a rage of anger” that the defense maintains resulted in the boy’s unintentional death, but a prosecutor said the youngster was systematically tortured because the defendant believed the child was gay.
Isauro Aguirre, 37, is charged with capital murder in the May 22, 2013, beating death of Gabriel Fernandez, as is the boy’s 34-year-old mother, who will be tried separately.
“He is guilty of murder,” defense attorney John Alan told the seven- woman, five-man jury in his opening statement, but he said the evidence would show that “Isauro never intended for Gabriel to die” and that his client should not have been charged with a special circumstance allegation of torture that could bring the death penalty.
Before opening statements began, the bailiff in the downtown Los Angeles courtroom warned that “this is a highly emotional case” and asked everyone to either keep their emotions in check or leave the room to avoid being barred from the trial.
Hatami showed jurors a photo of Gabriel at 7 years old, “happy and healthy,” before he moved from his grandparents’ home to go live with his mother and Aguirre in 2012.
“This case is about one thing, and that is the systematic torture of a helpless and innocent child,” Hatami said.
“After eight months of living with the defendant … his body was battered. The evidence will show he was beaten, burned, bruised,” Hatami told jurors, displaying a photo of Gabriel lying in a hospital bed.
The prosecutor noted that Aguirre when arrested stood 6 feet 2 inches tall and weighed 270 pounds. As a security guard, he was trained in the use of a baton and pepper spray and was “nothing more than a bully” who routinely abused the 4 foot, 1 inch boy, who weighed 59 pounds, the prosecutor said.
He said that two weeks after the child moved in with the defendants, the boy asked his first-grade teacher, “Is it normal to be hit with the metal part of a belt and to bleed?”
A month later, Gabriel came to school with his hair shaved into a mohawk, but with “chunks of his hair missing … bloody scabs … a busted lip,” the prosecutor said. “Gabriel cries almost every day after school … because he doesn’t want to go home.”
The youngster missed school for two weeks that April.
“(Aguirre and Fernandez) were torturing him and they were beating him” and texting back and forth about it, Hatami told the jury.
A worker at a welfare employment office called 911 to report the boy’s injuries on April 26, 2013, after seeing “that he has black eyes, bruises, burn marks, ligature marks,” the prosecutor said.
Thirteen days before he was killed, Gabriel was taken out of school again.
“He’ll never go back,” Hatami said, telling the panel that the child’s teacher later found a note in his desk that read, “I love you mom and Gabriel is a good boy.”
The couple told authorities that Gabriel had gone to live with a grandmother in Texas. At least one teacher doubted that account and a deputy followed up by visiting the home listed on the boy’s school records, which turned out to be the address of Aguirre’s parents, Hatami said.
The defendants were “conspiring together to deceive everyone in order to torture Gabriel to death,” he alleged.
At home, Gabriel was forced to sleep tied up and bound in a small cabinet in the defendants’ room, with a sock gagging his mouth and a bandanna over his face, the prosecutor said.
Hatami pulled a cover off a rectangular object in the courtroom to reveal the “cubby” where Gabriel slept night after night.
He said “Gabriel was already dying” when Aguirre “punched him and he kept punching him” on May 22, 2013, slamming his head into a wall so hard that the wall was damaged.
Aguirre told investigators that he hit the boy 10 times in the head, 20 times in the body and “admitted that he lost count,” the prosecutor said.
When the child was knocked unconscious, the couple “attempted to clean the blood off the walls and the floors … they agreed on a story to tell the authorities … all of this while Gabriel was lying on the floor dying,” Hatami said.
Fernandez’ two other children were at home during the final beating, according to the prosecutor, who said the couple later told police that Gabriel “liked to hit himself, he was gay and he wanted to kill himself.”
The weapons found in the home and used against the victim during months of “constant and unrelenting abuse” included a wooden club, a collapsible metal baton, BB guns, pepper spray, steel-toed boots, and belts and a data cord used as whips, he said.
An autopsy found cat litter and animal hair in the boy’s stomach and a shrunken thymus gland “from being starved.”
“This wasn’t about drugs. This wasn’t about mental health issues,” Hatami said. “(Aguirre) did it because he didn’t like him … he believed Gabriel was gay and to him that was a bad thing … he did it out of hatred of a little boy.”
Alan began his opening statement by telling jurors that “the facts of this case are unimaginable,” and said he and co-defense counsel Michael Sklar “will not tell you one word different.”
“Although the evidence will show that Gabriel suffered horrific, severe abuse over weeks and months at the hands of Isauro and Pearl, it was the beating … that killed him,” Alan said.
The night the boy was fatally beaten began with an argument about his refusal to put away his toys. According to Alan, Gabriel’s mother then told Aguirre that her son had asked her to leave him and promised to behave better if they went away. Aguirre confronted the boy, who denied making the comments, and the defendant flew into a rage, his attorney said.
“Isauro has a very hard time handling stressful, chaotic situations,” the defense attorney told jurors.
After the beating, when he realized the boy was unconscious, Aguirre put the youngster in the shower and repeatedly hollered his name, trying to revive him, Alan said.
“Isauro immediately began performing CPR and told Pearl to call 911,” he said. “Isauro took the phone and requested emergency medical help for his son who was not breathing.”
Though he lied to the 911 operator, he also “carefully followed the 911 operator’s instructions,” and paramedics “found Isauro in the bedroom attending to Gabriel,” Alan said. “Those are not the actions of a person who ever wanted Gabriel to die. Once you’ve heard the evidence in this case, you will find … Gabriel was tortured, abused and neglected … that Isauro … committed the crime of murder … (but) the special circumstance allegation is not true.”
The first witness was a Los Angeles County firefighter-paramedic sent to the defendants’ home in the 200 block of East Avenue Q-10 in response to a call that the boy was not breathing.
Paramedic James Cermak said his first glimpse of the boy was when his partner carried the child’s “limp, lifeless body” out of the couple’s bedroom.
They started CPR and administered epinephrine three times in a bid to start the child’s heart, but couldn’t get a pulse, he said, noting that as they worked on the boy, “we just started noting all the trauma on his body.”
“Strangulation marks around his neck … bite marks, bruises head to toe, little holes like if he was shot with a BB gun. The more you looked, the more you saw. It was unbelievable,” Cermak said, choking up.
Fernandez and Aguirre were sitting together on a couch as the paramedics worked, the firefighter testified.
“See either of them crying?” Hatami asked.
“No.”
“See either of them being hysterical or showing any empathy toward Gabriel?”
“Not at all,” Cermak testified.
Gabriel was declared brain dead that day and was taken off life support two days later.
His death triggered investigations into the county’s child welfare system and resulted in criminal charges of child abuse and falsifying public records being filed against two former county social workers and two of their supervisors, who are due back in court Friday for a pretrial hearing.
Aguirre and Fernandez were indicted in July 2014.
The trial is expected to last six to eight weeks.
Previous related stories:
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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Ben says
The defendents are the Spawn of Satan. No other worthy explanation is to be found.
Unfortunately, as a retired teacher, I can testify that cases such as this one happen every day. We teachers report abuse, CPS ‘looks into the situation’, and then nothing is done. NOTHING!
The police are no better.
Aurora Murillo says
This bitch is not a mother
Aurora Murillo says
Don’t. Waste time with these. Two criminals death penalty
Will says
Kill both ASAP. End of story
Tm says
Thankyou they don’t deserve to live they need to be hung or guilletined in front of the AV so other people see what the consequences are being a murderer….
anonn says
When an animal attacks a person so viciously, that animal, if caught, is usually euthanized. Pearl and Isauro are vicious animals, that SHOULD be euthanized ASAP.
Kenneth E. Fraser says
Isauro Aguirre may be part animal. I have studied his profile and frontal shots, as well as those of modern gorillas, and believe he may be an atavist, a paleolithic survival descended from matings between Homo sapiens sapiens and what Robert Ardrey called “killer apes,” a species known for their viciousness and cruelty and whose crossbred descendants may have settled in the land of Canaan. Pearl Sinthia Fernandez, however much I detest her, is fully human.
Mrz Ford says
Those type of people doesnt deserve to have kidz
MayTheyBurnInHellForever says
So sad to read this. They should get the Death Penalty.
anonn says
They should be euthanized.
Love says
Horrible! Horrible! So Teribbly sad! God rest his soul.
ACTON ranger says
Build the wall.
Deborah says
What does build the wall mean?
Laughing says
I think he wants us to build a wall with no gates around his property to a 30 foot height.
Kenneth E. Fraser says
Fortunato’s wall in Edgar Allan Poe’s “A Cask Of Amontillado.”
Christina Campo says
I’ve been following this horrible crime since the beginning. Poor baby boy, his brothers too. These people need to pay for their sick acts.
Gloria s Larin says
Give them what they deserve , “DEATH” poor baby didn’t deserve that , no child or human being deserves that horrible torture poor Gabriel inured.. May he rest in the loving arms in comfort and love and all that is good in Jesus our Lord arms …
Shawna Castro says
I’ve been following this story since Gabriel diedand I cry every time I see his picture.. I wished I could’ve saved u Gabriel I’m so sorry this happen too you..your safe now handsome Gabriel! Plz Lord let justice be served to these POS scum murderers!
Victoria says
This story will be forever imbedded in my psyche. I will never forget the first time that it was reported on. The one factor that set this case apart from others for me was that “people got involved to report to the authorities that Gabriel was being abused, but the authorities did NOTHING TO HELP HIM!” This child died thinking that he did something wrong to cause the abuse. How could he not blame himself? Help never came to remove him from the very noticeable torture that he was forced to endure. He was living as a happy child when he was removed from his grandparents’ care to live with his mom. A mom who was already guilty of previous child abuse. My heart breaks knowing that NO ONE HELPED HIM TO GET OUT.
Toria says
Of Course he didn’t want him to die, then who do you have to pick on and abuse. This monster Deserves no mercy or does that bitch ass mother of his.
Pearl originally wanted to plead guilty to lesser charges and avoid the death penalty but that would’ve meant that Isauro Would’ve had to plead guilty also and he refused to plead guilty but seems to me his attorney basically said he was guilty today in court.
The attorney also stated it wasn’t about drugs but everybody knew was she only wanted Gabriel back so she can collect more welfare money so they could buy their meth.
They’re both monsters that deserve to fry specially that ugly monkey looking faced mother of his, she had more to do with his torture and death then she’s leaving on, she said her gang didn’t like gays and they were both trying to beat the gay out of him POS is what they are.
s.g says
I’m sitting here reading this with tears in my eyes and my heart hurting this poor baby being hit 10 to20 times so many he lost track if this is not intentional what is. They have the nerve to show up in court looking mad and her looking like a clown they don’t have any remorse still after all this time they are coldblooded killers and a innocent child suffered for it.R.I.P little angel you are loved and remembered..
Michele says
Reading this makes me sick. Death is too good for these scumbags. They should be tortured as this sweet innocent child was. The system miserably failed on multiple occasions and now the defense attorney has the b**ls to state he should not have a special circumstances added to his charge! What a joke…. AND a waste of taxpayer money… Disgusting!
Oct16 says
LET ME TELL YOU WHAT I BELIEVE IS GOING ON OUT HERE IN THE AV , AND I HAVE A FEELING THERE STARTING TO DO IT IN OTHER AREAS, ie, OC.
There targeting certain people, some young mothers, some young guys, and anyone else that there getting paid to target for one reason or another. I’ve experienced things. One thing people need to know is, they will distract your boyfriend, brother, or whoever is around you, and when they get ready, they call it a green light, and that’s when they make a move on you, you kid, your boyfriend, and friends and family. I figured it out after it happened. One guy was talking on the phone to the the other guy who was a block away and he was with her , and suppose to come back to her place, but it seems like once he got over to the other guys house, he distracted a guy and pretty much prevented him from going back to her place. I believe all this so they could get the girl, to drug, rape, kidnap or whatever. Now mind you they all became “friendlike”. But I’m not stupid, I kept me ears and eyes wide open. Especially because this girl wasn’t a druggie, but they got her on drugs. One person after another coming around her to keep her drugged up it seemed like. I listened through her door and heard things they were wanting to get her to do. I seen text messages, it was like she was seriously there next victim, but I didn’t really know for sure, but when you look over everything later on, it seems to come together.
I could totally see that Pearl Fernandez and even her bf was most likely a victim back years ago.. She probably was targeted for prostitution, and forced on drug’s, and become addicted after so long, to use for one reason or another. I can totally see someone (___) hiring gangsters to go out to get someone for one reason or another. I believe it could even put your kid in danger of being targetedas well, beat up, raped, drugged, and even killed. Why?
Now, after they got you on that drug that has you in Anger mode, you may turn into a crazy beast, and not even remember any of it.. This is what it has done to you. You may become so out of your mind because you have been terrorized, raped, mind raped etc..They will try to control you, order you, get you doing things, drugs you’ve never done before, I think it can alter your mind. These people are not your friends, most likely there getting some kind of payment for doing things to you. At the same time you want friends, you want to trust people, but if they have anything to do with drugs or even listen to what there conversation is about. That’s your guide, once they leave, stop answering your phone, stop answering your door. Leave go to families house, and don’t let them know where your family lives.. I’m serious, look all these different people in jail for stabbing their grandma, killing there kid, losing there mind…It’s NOT a fun life, from what I have seen. I know some stuff sounds out there, but if you plan to live a good life, don’t this happen to you… And NO, sh*t like this just don’t happened on accident, they have a reason, 1. They make money 2. They steal everything worth anything in your house. 3. They will rape you, whether your a male or a female, 4. There’s not just 1 involved. 5. You really don’t kniw who all is involved. 6. Your family and friends life is at stake. 7. Many unknowns..
Please, becareful, stop, get away before it’s too late.
Shane Falco says
Child abuse is, sadly, extremely common in the antelope valley. The cycle continues with bottom feeders having kids, abusing them, overwhelming DCFS, overloaded DCFS workers unable/unwilling to do their jobs and tomorrow it starts all over again.
Tim Scott says
Keep your eye on Cardiff and off the AV might be a good idea for you Foolco. You seemed to have gotten the idea there for a while, and you weren’t missed. Get back to it.
Shane Falco says
What’s sad about your logic is that often the testimony of firefighters and paramedics like Jimmy Cermak are used in convictions. It’s these guys who see first hand how bad this area is, day after day, in regards to child abuse.
To Tim, living in it, it’s Rex or some other political bogeyman in another city creating problems. In reality it’s your neighbors, Tim.
Tim Scott says
You, Foolco, are in no position to present testimony about Palmdale, east or otherwise. Don’t try to ride the coat tails of our firefighters, you Santa Clarita glory hound.
Shane Falco says
There you go again, Tim. I worked many years in the antelope valley.
https://chronicleofsocialchange.org/child-welfare-2/next-fifth-district-supervisor-will-face-highest-reported-rates-child-abuse-death-l-county
The antelope valley seems to attracts the really bad hombres.
Shane Falco says
Classic Tim. You’re wrong on the issue. You’re wrong on the facts and you’re best and simpleton response is….happy that I’m not in palmdale?
Children are being abused at an alarming rate in the av. You’re not dealing with it. We are.
Tim Scott says
I’m really jealous of Shane, he has a good job, a family, has a contractor’s license – all things I don’t have. I’m a lonely old loser who spends all my time on here because I don’t have a life.
I sit around my crappy townhouse wondering where I went wrong in life and posting snarky comments on the Internet about someone who helps people for a living as a firefighter, even saying I hope he dies in a fire. Imagine what kind of a creep I must be to say something like that.
Tim Scott says
This is the kind of pretender I really like. Someone who can’t even maintain the pretense for two paragraphs and shifts from pretending to be me to talking about me, so that everyone can tell they aren’t me.
Meanwhile, pretender, you obviously missed on just about every point. That kind of consistent commenting is impressive.
As to you Foolco, yeah, I’m happy you aren’t in Palmdale. I’d be happier if you kept your smug little nose out of our business altogether…and yeah, in the one thing my pretender got right if the next time an LA firefighter dies it happens to be you I won’t feel bad. In fact, if the big C came back for you I’d throw a party.
Alexis says
Well, Tim, along with many other names over the years you have wished would die. Yes, many, including me. Some people might take it personally, because they aren’t aware that this is who you are, Tim. A thin skinned little person that wants all people that don’t think like you, to die. Be careful there, Tim, you might be the first to get the big C, or just die.
Alexis says
You would make a great corrections officer, Tim! The power trip you’re on qualifies you. Just think, Tim, when an inmate gets out of line you can just kill them. You would love to use that baton.
Tim Scott says
No Alexis…as I’ve said before there have been two people I’ve said I’d cheer on their death, Foolco and you. That has little to do with me, or “disagreeing,” and a lot to do with your actions. As to being “first to get the big C,” it’s a little late for that, eh Foolco?
Sick of Foolco says
No Foolco, child abuse is common everywhere, however; in the south “they ain’t no snitches” and they have poor “edumacation”. And the rich? Well, they pay-off the government officials and hire lawyers to make it all disappear. Do yourself a favor and STFU with your ignorance, ridiculous government tit sucker.
Alexis says
Although not related to this case, Falco, “Operation Broken Heart,” rounds up perpetrators of child exploitation/child abuse by the thousands in forty states including California. Among these predators are some firefighters, clergy, community leaders, politicians, teachers, a monk, some in law enforcement, white collar predators, etc.. The ones that wear thousand suits are the worst. The ones that live in nice homes that no one suspects, that have been preying on children the longest.
Fool for Foolco says
Of course, in Foolco’s warped word, there apparently is no child abuse for the non ‘bottomfeeders’ as he calls them. More code for people of color.
Maybe if the good old boy system wasn’t so entrenched in places like say the FD, his ‘bottomfeeders’ would be in uniform and enjoying those nice pensions.
No one has accused Rex of child abuse. He tends to abuse adults like Raymond Lee Jennings, Randy Floyd, Jim Ledford, Esmerelda Jorge, Johnathan Ervin, and David Abber.
Angry Parent says
I understand that this is totally useless statement and doesn’t preach love and all that but they aren’t deserving of any kind of forgiveness or kindness:
I hope these two suffer horrible, horrendous abuses at the hands of other adults. I hope Gabriel’s name is screamed at them while they are tortured so that they know exactly why they are in pain and I hope they perish with his face in their minds..
No one will ever know the full extent of what this poor boy went through and we can only imagine how long those 8 months felt for him. Rest in peace poor child. It’s over and justice will be served.
Bunny T says
Instead of making everyone go through this why can’t those 2 POS’s just plead guilty and pray they get the death sentence and not jail house revenge?!?! What is there to question???? You beat a child until he died!!!!! Oh I didn’t mean for him to die well then why was he being beaten until he died?!?!? Apparently that is what you meant to do because you certainly didn’t stop until then!!! Worthless POSs!!!!! I hope and prasy they get the max of what is coming their way!!! And it won’t be from the legal system either!!!!
Michelle Egberts says
May you rest in peace Gabriel. You didn’t deserve the pain or torture. Rest in God’s hands and be at peace.