Mom of Gabriel Fernandez filed a petition in California the 2009 month asking to become resentenced after being found guilty in 2018 from the brutal torture and killing of her boy.
Gabriel was wiped out in 2013 after several weeks of abuse by his mother, Gem Fernandez, and her boyfriend, Isauro Aguirre. The incarcerated mother filed a petition on April 1 asking to become resentenced on her son’s murder. She claims within the petition acquired by Archiweekend.com that she isn’t the boy’s killer and did skip the murder.
Gem Fernandez had pleaded guilty to first-degree murder and also to the special circumstance allegation of murder involving torture in 2018. She required a plea deal to prevent trial and also to receive a existence prison term without the potential of parole. If she visited trial, she might have faced the dying penalty. Aguirre did visit trial exactly the same year and it is presently on dying row at San Quentin.
La Deputy Da Jon Hatami, who prosecuted both suspects, testified that for several weeks installed out lit cigarettes around the boy’s body, shot him hard having a BB gun, made him eat litter, and feces, and compelled him to settle a locked cabinet — frequently while bound and gagged. Gabriel was declared brain dead in a local hospital after being fatally beaten in May 2013. He died 2 days later.
“The policies and directives from my office which new laws and regulations produced through the legislature are emboldening murderers of kids to use to become resentenced,” Hatami stated inside a statement, acquired by Archiweekend.com. “This really is completely unfair towards the surviving families and themselves. Families are in possession of to relive all of the horror which was perpetrated upon a little and helpless child. It’s plain wrong and completely illegal.”
Hatami told Archiweekend.com on Thursday that “based upon all of the evidence presented in the grand jury, that was published, and also the jury trial, Gem Fernandez would be a major participant within the torture and murder of Gabriel Fernandez and physically assaulted, tortured and mistreated Gabriel over eight months, which brought to his dying.”
Gabriel might have switched 16 this season. To commemorate his existence, Hatami and a few of the boy’s relatives collected at “Gabriel’s Tree” in Palmdale, California in Feb.
Hatami told Archiweekend.com at that time that he wants everybody to keep in mind the boy, his smile, and the “courage under long lasting torture and abuse.”
“Don’t let Gabriel’s story, his existence, his dying, and the trial be for free,” he stated. “Children are our most precious resource.
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