Murder of Gabriel Fernandez

On May 22, 2013, Pearl Fernandez called 9-1-1 to report that her child, Gabriel Fernandez, was not breathing. Fernandez had been fatally beaten by his mother and Aguirre after failing to clean up his toys. When first responders arrived, they found him on the ground naked with several injuries.[3] Aguirre explained to them that Fernandez was "gay".[2] Paramedics rushed him to the hospital where doctors declared him brain dead. He passed away two days later on May 24, 2013 at the Children's Hospital Los Angeles. He died at the age of eight years, and the official autopsy declared he died of blunt force trauma coincided with neglect and malnutrition.

Pearl Fernandez
Mug shot of Pearl Fernandez
Born	Pearl Cynthia Fernandez (1983-08-29) August 29, 1983
Children	4, including Gabriel
Conviction(s)	February 15, 2018 (pleaded guilty)
Criminal charge	First degree murder with special circumstances of torture
Penalty	Life imprisonment without the possibility of parole
Partner(s)	Isauro Aguirre (2010-2013)
Details
Victims	Gabriel Fernandez
Date	May 22, 2013
Imprisoned at	Central California Women's Facility

Pearl Cynthia Fernandez was born on August 29, 1983 to Robert and Sandra Fernandez.[6][7][8] During her childhood her father was in and out of jail, and Fernandez has claimed that her mother did not love her and would hit her as a child. At the age of nine, Fernandez began using methamphetamine and drinking alcohol, and at the age of eleven, Fernandez decided to run away from home. She dropped out of school in the 8th grade. As a teenager, Fernandez claimed that her uncle attempted to rape her, and that some men had held her hostage for a period of days taking turns raping her, which led to her having suicidal thoughts while at the hospital recovering. She has four children with Arnold Contreras, including Gabriel. When Gabriel was born she abandoned him at the hospital three days after his birth; however, she regained custody of Gabriel in 2012. Additionally, she claims that many of her romantic partners, including Aguirre, were abusive to her. However, Elizabeth Carranza, Fernandez's aunt, and her husband claim that Fernandez falsely portrays herself as a victim, and that it was Fernandez who was abusive and controlling towards her romantic partners. Additionally, Fernandez had pending charges against her for threatening to stab Arnold Contreras. In the months following Gabriel's death, Pearl reported abusing the opioid drugs Oxycodone and Norco.[8][9][10]

Fernandez has been diagnosed with several mental health issues including depressive disorder, developmental disability, a possible personality disorder, and post traumatic stress disorder. In 2011, Fernandez took a cognitive ability test, scoring in the 3rd percentile in the verbal comprehension portion of the test, which is on par with a typical 2nd grade student. Clinical psychologist Deborah S. Miora stated that Fernandez is "virtually unable to use thoughts to guide her behavior and control her emotional reactions."[8]

Currently, Fernandez is serving a life sentence without the possibility of parole for first degree murder with special circumstances of torture at Central California Women's Facility. She was admitted to the facility on June 21, 2018.[11]

Isauro Aguirre
Mug shot of Isauro Aguirre
Born	(1980-06-13) June 13, 1980
Occupation	Security guard, caregiver, driver
Conviction(s)	November 15, 2017 (found guilty)
Criminal charge	First degree murder with special circumstances of torture
Penalty	Death
Partner(s)	Pearl Fernandez (2010–2013)
Details
Victims	Gabriel Fernandez
Date	May 22, 2013
Imprisoned at	San Quentin State Prison

Isauro Aguirre, also known as Tony Aguirre, was born on June 13, 1980.[12] Aguirre repeated two grades in school and ultimately dropped out, implying a possible learning disability.[13] He worked for Woodland Park Retirement Hotel where he was a caregiver and a driver. Executive director of the retirement home and former boss of Aguirre, Susan Weisbarth, described him as a "quiet, down to earth nice person, always willing to help.” She also commented that throughout his three year employment he was patient and loving, and would commonly change the diapers of elderly residents at the facility. Staff at the facility nicknamed him "Shaggy," which was, according to Weisbarth, a term referencing his endearment. Ex-coworker Sherline Mille, who also worked for Woodland Park Retirement Hotel, noted that while Aguirre was driving residents he would often drive them the scenic route so they could get to see views other than the freeway. In October 2012, Aguirre began working as a security guard for AVL Private Security; through AVL he worked at the Vallarta Market in Palmdale, California. Aguirre met Pearl Fernandez roughly a year and a half to two years before they took custody of Gabriel Fernandez. He is 6 feet 2 inches tall.[14]

Aguirre was charged with first degree murder with special circumstances of torture for murdering Gabriel Fernandez. He pled not guilty; however, the jury found him guilty and recommended he be sentenced to death, which was accepted by Superior Court Judge George G. Lomeli.[14] He was admitted to San Quentin State Prison on June 13, 2018, where he is currently awaiting execution.[15] However, his execution has yet to be set in accordance with the moratorium on capital punishment issued by California governor Gavin Newsom.[16]

Isauro Aguirre pleaded not guilty to the charge of first degree murder with special circumstances of torture, and the case was prosecuted by Deputy District Attorney Jon Hatami and Deputy District Attorney Scott Yang.[19]

In September 2017, jury selection began for the case. Questionnaires were given to prospective jurors, and they were informed that the trial could last as long as six weeks. Additionally, they were told the trial involved “extensive internal and external injuries” of the victim. The jury composition was seven women and five men.[20][19]

When the trial began jurors were given details about the extensive abuse Gabriel Fernandez went through in the months preceding his fatal beating. Prosecutor Jon Hatami called Aguirre "pure evil" and argued that he deserved the death penalty even though it "doesn't even compare to what he did to Gabriel."

Defense attorney John Alan argued that Aguirre was considered to be "kind" and "compassionate" during his employment at the retirement facility, and that he had never committed a crime before meeting Pearl Fernandez.[19]

Jury deliberation began on November 14, 2017, and a verdict was reached the next afternoon. Ultimately, the jury found him guilty of first degree murder and guilty of the circumstances of torture charges.[21] On December 11, 2017 jury deliberation began for the sentencing phase. The next day the jury was deadlocked; however, on December 13 they decided to recommend the death penalty, which was accepted by Judge George G. Lomeli.[17]