Christopher Contreras told a downtown Los Angeles jury hearing the penalty phase of the case against Isauro Aguirre he flew to Southern California after being notified that something had happened to his nephew, Gabriel Fernandez, in May 2013, and that he felt “angry” and “sad” when he saw the boy.
In emotional testimony, the military veteran said that he had “seen some bad stuff in war,” but said that what the boy went through “makes it nothing.”
“No matter how hard I try, that’s how I remember Gabriel now,” he told the seven-woman, five-man jury that convicted Aguirre, a 37-year-old former security guard, of first-degree murder on Nov. 15 for the boy’s death.
Jurors also found true the special circumstance allegation of murder involving the infliction of torture.
The boy’s 34-year-old mother, Pearl Sinthia Fernandez, is awaiting trial separately. She could also face the death penalty if convicted.
Contreras — who was called as the prosecution’s final witness during its case-in-chief — said the decision to have the boy cremated after his death was made because he did not think anybody else should have to go through seeing the boy “like that.”
The boy’s uncle said he and his wife have adopted two of the boy’s siblings, telling jurors that the children experience feelings of guilt about what happened to their younger brother.
“It’s almost a bad thing to say Gabriel’s name because of the way the kids react … Anything brings it up and there are setbacks,” he said.
The boy’s older brother and sister were not called to the stand during the trial’s penalty phase, but both testified Oct. 18 during the guilt phase of trial about the abuse Gabriel suffered.
His brother, Ezequiel, told jurors his sibling was forced to eat cat litter and cat feces, was repeatedly beaten in the month’s leading up to his death and was frequently kept in a “box” in the bedroom occupied by his mother and Aguirre.
The boy’s sister, Virginia, broke down in tears when she was shown a photo of Gabriel. She testified that her mother and Aguirre had called the boy gay.
Deputy District Attorney Scott Yang told jurors in his opening statement that Aguirre deserves “nothing less than death.” He told jurors that Gabriel was “tortured” like a prisoner of war for eight months, during which he was repeatedly beaten by his mother’s boyfriend.
Defense attorney Michael Sklar countered that his client is “simple,” “slow” and “easily led” and that “there are reasons to spare his life.”
One of Aguirre’s former employers — called to the stand by the defense shortly after it began its portion of the penalty phase of trial — said she recalled him as a “kind and compassionate” person who helped senior citizens with tasks including taking showers and changing diapers at an independent and assisted living facility in Woodland Hills between 2003 to 2006.
Aguirre was “well-liked” by his co-workers and never the subject of any complaints while he worked at the facility, Susan Weisbarth told jurors.
She testified that it was a “total shock” when she learned that Aguirre was charged with the boy’s torture-murder, telling jurors it “wasn’t the person I knew.”
“I think there is good within him because I saw it,” she said, while acknowledging that what happened is “horrible” and “tragic.”
When asked by defense attorney John Alan she believed there was some humanity within Aguirre that made him worth saving, she said simply, “I do.”
Maribel Villasenor, who supervised Aguirre at the job in Woodland Hills, said she also believed his life was worth saving.
“I knew him as a very caring person,” she said, telling jurors that she “couldn’t believe it” when she learned about the case against him. But she said that it didn’t “change the person that I know.”
Gloria Nieves — who operates a store across the street from where Aguirre had lived with his parents and two of his sisters in Canoga Park — told jurors that she was very surprised to hear about the case against him. She described him as “very well-mannered” and “respectful to others,” and said he made sure no cars were coming when children crossed the street to get to her business.
“Do you believe that Isauro Aguirre is inherently evil?” Alan asked.
“No,” she responded.
“Do you believe that Isauro Aguirre is good by nature?” the defense attorney asked.
“Yes,” she answered.
Another witness, Los Angeles Unified School District employee Elias Juarez, testified that district records for Aguirre indicate he was held back in the ninth and 11th grades and that he was 19 years old by his second attempt to complete his junior year in high school. He said the records indicated that Aguirre was in an English as a Second Language curriculum as a seventh- and eighth-grader, and that there was no documentation that Aguirre ever graduated.
Testimony is expected to wrap up by next Thursday, with jurors expected to hear closing arguments Dec. 11 before being asked to recommend to Los Angeles Superior Court Judge George G. Lomeli which sentence Aguirre should face for the boy’s killing.
Los Angeles County Fire Department personnel went to the family’s home in the 200 block of East Avenue Q-10 in Palmdale on May 22, 2013, in response to a call that Gabriel was not breathing. He was declared brain-dead that day and taken off life support two days later.
Aguirre and Fernandez have been jailed without bail since being charged in May 2013 with the boy’s death. The two were subsequently indicted by a Los Angeles County grand jury.
Two former Los Angeles County social workers — Stefanie Rodriguez and Patricia Clement — and supervisors Kevin Bom and Gregory Merritt are awaiting trial on one felony count each of child abuse and falsifying public records involving the boy.
Previous related stories:
Penalty phase continues for killer of 8-year-old boy, biological father testifies
Penalty face underway for killer of 8-year-old boy
Judge denies motion for mistrial in torture-murder of 8-year-old boy
Palmdale man convicted of torture-murder of girlfriend’s 8-year-old son
Jury deliberations underway in trial of man charged in 8-year-old’s death
Closing arguments underway in trial of man charged in 8-year-old’s death
Defense seeks to convince jury of defendant’s remorse in 8-year-old boy’s death
Teacher reported alleged abuse of boy months before his death
Eight BBs recovered from 8-year-old boy’s body after his death
Victim’s brother, sister testify about alleged abuse
Palmdale man’s defense attorney admits client murdered 8-year-old boy
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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What are you waiting for!!!!! says
Look and read this!
I DO NOT CARE if he claims he was on drugs, drunk, has mental illness, or that he was not involved. ALL IS BS!!!!!
Death Penalty!!!!!!!!
Steve says
… easy, now. Get control of yourself. Don’t have an aneurysm
Chris V says
I believe putting people to death is not for us to decide on some one who is convicted of murder or sad cases like Poor Gabriel RIP baby boy. Just For the fact that. 2 wrongs make no right. It makes the judges and jurors and das and the correctional officers all murders as well just as evil. We our not god it is not foor any one to decide to end ones llfe even if they committed such a bad crime..But really by sentencing people to death. Makes no sence. It’s still murder Regardless and its not right for the justice system to in a way be hypocrites on laws. Innocent people who have hit an pedestrian and was not the drivers fault will get sentnced for manslaughter even though it was accidently they serve time, but people get sentenced to death by the law everyday. Inmates being sent to be murdured and thats okay??? I dont understand what a corrupted world this is and how many people are just as evil as these two defendants in this case just by agreeing to the death sentence. Murders, Killers, taking ones life purposley or by intention is all negative , dark , evil things, And we dont make no change in the world and keep this evil energy going. Unless your name is God and mother mary then what makes it right to play that role of them and decide when a life is done..Its a sin to kill. Pray for all the evil hearts out ther god forgive them for they only know what was more then lilkley taught and programed in there minds. Thank you lord for giving me my heart that i do for i see that love and light is only right.. Please god change this evil world and hopefully my thoughts will open the eyes of at least one person who reads this and maybe change something for the good. This just makes me sad ..now i am not saying that pearl fernandwz and her boyfriend should get away with this hell no they dont but they defently dont need to get off that easy by being sent to death for how are they paying for what they did by killing them too.. There life will be over and there soul will go where it has to go, but in this lifetime the one they did such evil thngs to this precious innocent angel of god how are they paying. Death is the easy way out of things in life why would we want to give them a easy way out of there consequences. Death pentalty needs to be stopped and done with. Let god decided like he supposed to when there days are over. And in the mean time killers and evil people like the people in this case need to spend every day of there life to remember what they did , they need to be put in a room with gabriels picture blown up all over the walls. So they have to see his poor face everyday and be reminded of there cruel actions.. They need to be caged up served cat feces for breakfast lunch and dinner. They need to be put in freezin water with ice cubes like they did gabriel. They need to be tortured like they did him. They need to feel how Gabriel felt. They need to feel that pain he suffered..But its evil and not anyones place to put them to death… Believe me keeping them behind bars and making them be reminded of gabriel every day by having to see his pic every day eventually they will be haunted by it. God will choose when he wants them and when there time is up, and they will. Face judgmment day as. Well when there time comes as well.. But sentencing them do death is just as wrong as them killing gabriel.. Its still murder.
#WakeupPeople
Kimberly K. says
To Chris V,
Believe me, those monsters will not lose a moments sleep over the years they inflicted brutal, humiliating, heinous acts torture, then savagely brutalizing little Gabriel to death.
Your comment: “Believe me keeping them behind bars and making them be reminded of gabriel every day by having to see his pic every day eventually they will be haunted by it”
Sadly, those sociopaths will never be haunted by their monstrous evil deeds of murdering an innocent child. The momster is actually the more evil of the gruesome twosome, seeing how she committed filicide!
I agree with your take on the monsters getting back the same treatment they inflicted on Gabriel. Payback time!
Grr says
Exactly, if they did not care to see him suffer everyday to the point of seeing him pass away. They won’t even care about being behind bars. They should be den straight to death penalty!
(Us taxpayers shouldn’t be paying for pos like them)
Dauntless says
Whatever bit of humanity he may have had in him, he lost it, when he chose to murder Gabriel! If, drugs were involved, then, that would just make the situation worse! He is a cold hearted child murderer!
aManOfTruth says
Ever done drugs? I once snorted some meth and did way too much, 6 hours later I woke up in a bush across from the Palmdale Sheriff Station and had no idea how I got there. Drugs can make you do things you would never do otherwise.
James says
Dangggg!! I always wanted to hear some good like this one!! It’s crazy the things drugs can do to you! I wouldn’t try them though, I’m too chicken.
Laughing says
Drugs either lower inhibitions or heighten already present tendencies. Both show the true nature of the person. You may be a wanderer, the guilty party in this case is violent, sadistic, and a murderer.
MST3K says
Every one of your comments is disturbing. “Drugs can make you do things you would never do otherwise.” Lives shattered because “drugs made you do it.” It doesn’t matter whether they were on drugs or not! This little boy suffered horrendous injuries, and died at the hands of his mother and boyfriend.
aManOfTruth says
Have you done drugs and understand how they make you feel? They were high and drunk and yet we don’t blame the people who provide the drugs and alcohol- by the way, mst3k is my favorite show– go to youtube and look up” knew him, he was delicious!- I could not stop laughing – and also the short” A date with the family” very funny/
Karla K. says
You are not a man, nor truthful. You are a very twisted criminal.
Umm should I be worried says
Amanoftruth I’m worried about you…
What theee hell says
IF YOU KNOW EHAT DRUGS CAN DO THEN WHY DO IT ALL!!!!!!!
Shaking my gaw damn head
What thee hell says
Misspelled ‘what’ sorry, I typed it with anger… my fingers were just typing away in anger!!!!! (No, I don’t have an anger issue).