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Previous story The Murder of 8-year-old Gabriel Fernandez, a Netflix Documentary Next story
Published on May 29, 2021 1:55 AM

by Oregon Herald Staff, and Netflix.com
 
Show details torture inflicted on Fernandez by his mother and her boyfriend, and the failure of protective services 'Everybody that went through this just felt like there was a purpose and it was a story we had to tell,' Brian Knappenberger says
 
The Murder of 8-year-old Gabriel Fernandez, a Netflix Documentary
Gabriel Daniel Fernandez was an eight-year-old boy from Palmdale, California who was abused and tortured over a period of months that ultimately ended in his fatal beating on May 22, 2013 which led to his death two days later. His mother, Pearl Fernandez, and her boyfriend, Isauro Aguirre, were both charged and convicted of first-degree murder with special circumstances of torture. Pearl Fernandez was sentenced to life imprisonment without the possibility of parole and Isauro Aguirre was sentenced to death. Throughout Fernandez's eight-month stay with his mother and Aguirre, multiple people reported signs of abuse to social workers with the Los Angeles County Department of Children and Family Services and the Los Angeles County Sheriff's Department. However, Fernandez was never removed from the household.

This led to several concerns over the effectiveness and efficiency of social services in Los Angeles County, and ultimately led to four social workers being criminally charged in Los Angeles Superior Court.

Gabriel Fernandez was brutally murdered by his mother Pearl and her boyfriend, Isauro Aguirre.

And as detailed in Netflix's documentary "The Trials of Gabriel Fernandez," he was consistently let down by the system when he most needed help.

Based on in-depth reporting by L.A. Times journalist Garrett Therolf, "The Trials of Gabriel Fernandez" chronicles how over 8 months Gabriel was subjected to horrific torture, which included regular beatings, being shot in the face with a BB gun, forced to eat cat litter, locked in a cupboard for hours, and pepper-sprayed. The cruel nightmare ultimately ended when his mother and her boyfriend beat him to death.

But even worse, the Department of Child and Family Services and law enforcement was called to the scene multiple times before Gabriel's death — and no action was taken. At one point social workers even ordered Gabriel to stop lying, allowing his abusers to continue the torture until the horrific end.

Brian Knappenberger directs the docu-series, which launched Wednesday on Netflix.

See the 9 most shocking details about the case below.

1. Incompetent Law Enforcement

As depicted during the series, sheriffs were called to the house by other family members days before the murder — but took no action. In fact, law enforcement often took Pearl Fernandez's word that everything was fine, and never even asked to see Gabriel. And when they did, according to family members, they threatened Gabriel and told him that if he kept lying about his bruises, that he'd be the one to go to jail. They consistently believed the parent over the child with the burn marks and black eye.

2. The Abusers' Homophobic Motives

According to family members, Pearl and her boyfriend, Isauro Aguirre, would call Gabriel "gay." In fact, the first thing he told law enforcement when they responded to the 911 call was that Gabriel Fernandez was gay, which confused officers.

Investigators found all of Gabriel's clothing disposed of, except for two dresses that he was made to wear.

Because of this, there were talks about charging the couple with a hate crime. However, prosecutors decided that it was more of a motive, and could get a bigger sentence charging the couple with child abuse.

3. The Horrifying Evidence

At the crime scene, the investigator came in with red stickers to mark blood spatter around the apartment. However, there was so much blood, that she soon ran out of colour and had to switch to yellow stickers. Inexplicably, there was blood in the sink.

The abuse was substantial — they fed him cat litter, put a bandanna and sock in his mouth, knocked out his teeth with a bat, shot him in the face with a BB gun, and pepper-sprayed him for fun while he laid in the bathtub. He would show up to school with bruises all over his face, as well as fresh cigarette burns and shaved hair. Gabriel's brother testified that Aguirre would hold him up by the neck, while his sister said Aguirre knocked the air out of Fernandez on several occasions.

During the trial, jurors were told the autopsy took an unusual two days because the injuries were so substantive. The thymus gland was barely there — a normal boy's gland weighs about 100 grams, while Fernandez's was about 10 grams. The coroner said this was due to stress atrophy, due to all the abuse inflicted on the boy.

4. Gabriel's Suicide Note and Pleas for Mother's Love

Gabriel Fernandez often wrote notes to his mother, saying he would kill himself and that he just wants to be a good boy. Days before he was murdered, he wrote a card to his mom telling her all the things he loved about her.

5. Gabriel's Murderers Punished, but Social Workers Let-Off

Unsurprisingly, prosecutors sought the death penalty for Gabriel's mother and her boyfriend. But they also brought charges against four social workers, something that had never happened before. Accused of minimizing "the significance of the physical, mental and emotional injuries that Gabriel suffered," and of allowing "a vulnerable boy to remain at home and continue to be abused," they were each charged with one felony count of child abuse and one felony count of falsifying public records.

But in the end, while Aguirre was sentenced to death, and Fernandez received life in prison without the possibility of parole, the social workers escaped punishment. Just last month, by a 2-1 decision California's second appeals court threw out the case because prosecutors did not prove the social workers "had the requisite duty to control the abusers," and further concluded they "did not have care or custody of Gabriel."

Prosecutors have asked the court for a re-hearing of the case against the social workers,

6. Gabriel's Mother Likely Instigated the Abuse

Aguirre delivered the physical blows, but prosecutors believe it was under the instruction of Pearl Fernandez. The documentary explained that she never wanted Gabriel, and actually left the child at the hospital when family members took him in.

Family members were privy to the abuse — Pearl Fernandez's sister often slept over to shield Gabriel and the two other kids from the abuse.

According to family members, she was uneducated, started using drugs at an early age which stopped brain development, was diagnosed with depression, bipolar disorder, PTSD, suffered from eating disorders, and had abnormalities on her scans. She was also a victim of gang rape and rape by an uncle at an early age.

7. The Jury Wasn't Unanimous

During Aguirre's trial, the jury wasn't unanimous. 11 found him guilty, while one man didn't believe he should be convicted of first-degree murder. His reasoning? If he had wanted to kill Gabriel, he would've done it a long time ago.

When the jury was seeking the death penalty for Aguirre, it was the same juror who voted against it, because he felt they needed to "hear Aguirre out."

8. Judge Angrily Denounces Gabriel's Mother During Sentencing

At the sentencing hearing, Pearl Fernandez apologized, saying she wishes Gabriel was still alive and that she hopes her kids can forgive her one day.

The judge, who had been on the bench for 20 years, said he never personally commented on a case he presided over but had to for this one. He said that the pain Gabriel Fernandez suffered was unimaginable to the point where he would call it animalistic, but even "animals know how to take care of their young." He wished that both perpetrators would suffer mental torture in prison for what they had done.

9. DCFS Also Failed in Other Similar Cases

Unfortunately, five years later, another boy died under the same circumstances. 10-year-old Anthony Avalos was denied access to food and a bathroom and was abused in the same way as Gabriel was. Calls were made by teachers and relatives, but DCFS never helped the boy who had come out as gay just weeks before his death. A spokesperson for DCFS said that they did indeed provide services to the family from May 2014 to December 2014 and their last referral was in 2016. However, they did not receive enough information but provided the family with further resources. And, this all happened in Antelope Valley — where Gabriel Fernandez had died as well.

When prosecutors went to the medical hub in Lancaster, Calif. , they found it had been closed due to insufficient funding, the docu-series says. Investigators believe that there have been more than 150 cases where children have been abused even after it was brought to DCFS attention.

Most recently, a four-year-old boy was being abused. A court order was placed to have him removed from his home. DCFS never followed through, and the boy died under "suspicious circumstances."

DCFS declined to take part in the series in its entirety.


RELATED STORY FROM KOIN.COM:

"Trials of Gabriel Fernandez' Director Says Production Had Therapist on Call

STORY SOURCE:

https://www.thewrap.com/trials-of-gabriel-fernandez-director-therapist-brian-knappenberger/

Story by: Beatrice Verhoeven

"The Trials of Gabriel Fernandez" director Brian Knappenberger said producers kept a therapist on call during the production of the heartbreaking documentary about an eight-year-old boy who was tortured and abused by his mother and her boyfriend until he died from the torment.

"We worked on this for almost two years. This was super emotional for everyone," Knappenberger told TheWrap. "We actually had a therapist that was being offered to people — we had never done that on production before. It was very emotional to go through, we spent time with interviews, we fact-checked everything. But everybody that went through this just felt like there was a purpose and it was a story we had to tell."

Based on in-depth reporting by LA Times journalist Garrett Therolf, "The Trials of Gabriel Fernandez" chronicles how over eight months, Gabriel was subjected to horrific torture, which included regular beatings, being shot in the face with a BB gun, forced to eat cat litter, locked in a cupboard for hours, and pepper-sprayed. The cruel nightmare ultimately ended when his mother and her boyfriend beat him to death in 2013.

But even worse, the Department of Child and Family Services and law enforcement was called to the scene multiple times before Gabriel Fernandez's death — and no action was taken. At one point, social workers even ordered Gabriel to stop lying, allowing his abusers to continue the torture until the horrific end.

The Netflix documentary also delves deep into the trials of Pearl Fernandez, Gabriel's mother, and her boyfriend Isauro Aguirre, as well as the charges brought against the four social workers assigned to Gabriel Fernandez's case — something that had never happened before.

But in the end, while Aguirre was sentenced to death and Fernandez received life in prison without the possibility of parole, the social workers escaped punishment. Just last month, by a 2-1 decision, California's second appeals court threw out the case because prosecutors did not prove the social workers "had the requisite duty to control the abusers" and further concluded they "did not have care or custody of Gabriel."