Gabriel Fernandez
A smiling Gabriel Fernandez before his torture murder.

Courtroom tension mounted Tuesday as a death-penalty jury failed to reach a verdict in its first full day of deliberations in the trial of a 37- year-old security guard charged in the torture-murder of his girlfriend’s 8- year-old son.

The jury deliberating the fate of Isauro Aguirre is scheduled to return to court Wednesday morning to continue deliberating. The panel deliberated for about 3 1/2 hours Tuesday but ended its day early because two jurors had personal commitments.

On Monday, Deputy District Attorney Jonathan Hatami called Aguirre an “evil” man who “liked torturing” Gabriel Fernandez and did so systematically in the months leading up to the child’s death. Aguirre hated the boy because he thought he was gay, according to the prosecution.

One of Aguirre’s attorneys acknowledged Monday that his client killed the boy in May 2013, but told jurors the defendant “acted in a rage of anger followed by an explosion of violence” and not with the deliberation and premeditation required for a verdict of first-degree murder.

Aguirre also faces a special circumstance allegation of murder involving the infliction of torture.

Prosecutors are seeking the death penalty against him and his 34-year- old girlfriend, Pearl Sinthia Fernandez, who will be tried separately on the same charges for her son’s killing.

Hatami began his closing argument Monday by displaying a photo of Gabriel’s battered body lying on an autopsy table — covered in injuries head to toe — as evidence of Aguirre’s intent to kill the boy.

“You can’t believe a person in our society would intentionally murder a child,” Hatami said, comparing the abuse to that suffered by a prisoner of war.

“Believe it, because it happened. This was intentional murder by torture,” he told the jury. “Do not go back in the jury room and make excuses for the defendant … this had nothing to do with drugs … this had nothing to do with mental health issues.”

Hatami said in the months leading up to the boy’s death, he was “being starved and punched and kicked and abused and beaten … he was belittled, bullied and called gay. His teeth were knocked out. He was tied up every night in a box … Gabriel was dying.”

The prosecutor painted a picture of Aguirre sleeping in a comfortable bed night after night while, in the same room, Gabriel was bound and gagged inside a small cabinet with a “sock in his mouth, a shoelace (tying) up his hands, a bandanna over his face” and his ankles handcuffed.

“To force a child to eat cat litter and cat feces, more than once, how does somebody do that?” Hatami asked, referring to testimony by Gabriel’s big brother.

He alleged that the 6-foot-2, 270-pound defendant punched and kicked Gabriel hard enough to dent the walls of the family’s apartment and leave the boy unconscious, then — with help from the boy’s mother — hid some of the child’s bloody clothing and moved a picture to cover up one of the biggest indentations before calling 911.

“There’s no evidence that he was going to save Gabriel,” Hatami said, telling jurors that the defendant lied to the 911 dispatcher and paramedics who arrived on the scene.

The defense contends that Aguirre never meant to kill the child, but Hatami sought to undercut that claim, telling jurors in his summation of the case that Aguirre hated the boy. The couple only took him from his maternal grandparents so that they could collect welfare payments for his care, the prosecutor said.

“Gabriel was a gentler boy, a sweeter boy (than his brother) and the defendant hated him because of that … he believed Gabriel was gay,” Hatami said. “This stressful situation and rage thing is a lie … because it’s not supported by the evidence. The defendant actually liked torturing Gabriel. He got off on it … he is a murderer and he is a torturer.”

Defense attorney Michael Sklar told jurors that “the evidence in this case requires you to find (Aguirre) guilty of (second-degree) murder, not first- degree murder.”

Sklar acknowledged “unspeakable acts of abuse over a period of time” by his client, but urged the panel as a matter of law to focus only on the evening of May 22, 2013, when Aguirre and Fernandez allegedly gave Gabriel the beating that caused his death.

Aguirre was angry because Gabriel had asked his mother to leave Aguirre and then denied saying so, calling his mother a liar in front of Aguirre, the defense attorney said.

“Isauro exploded in a rage of anger” and later “described his anger as a 20 on a scale of 10” to a detective, Sklar said. “He was completely out of control.”

Sklar cited testimony by Gabriel’s siblings as corroboration, recalling that one of them said Aguirre, who the kids called Tony, became “really, really, really mad.”

Once his client realized Gabriel was unconscious, “he immediately took steps to begin to revive him,” the defense attorney said.

Sklar recalled Gabriel’s brother testifying that “Tony began CPR before somebody on the phone told him to, and he continued until paramedics arrived,” arguing that “an attempt to save is contrary to an intent to kill.”

The attorney also alleged that Gabriel’s mother was the one who hit the boy with a belt, shot him with a BB gun, forced him to eat cat feces and was responsible for much of the abuse prior to his death.

Los Angeles County Fire Department personnel were called to the family’s home in the 200 block of East Avenue Q-10 in Palmdale in response to a call that Gabriel was not breathing. He was declared brain-dead that day, then taken off life support two days later.

Aguirre and the boy’s mother 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 were charged last year with one felony count each of child abuse and falsifying public records in connection with the case.

–City News Service

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