On May 22, 2018, Pearl Fernandez called 9-1-1 to report that her child, Gabriel Fernandez, was not breathing.
On May 22, 2013, Pearl Fernandez called 9-1-1 to report that her child, Gabriel Fernandez, was not breathing.


He passed away two days later on May 24, 2018 at the Children's Hospital Los Angeles.
He passed away two days later on May 24, 2013 at the Children's Hospital Los Angeles.

He died at the age of thirteen years old, and the official autopsy declared he died of blunt force trauma coincided with neglect and malnutrition.[3][4]
He died at the age of eight years old, and the official autopsy declared he died of blunt force trauma coincided with neglect and malnutrition.[9][10]

Pearl was born 1983
Pearl Fernandez Mug shot of Pearl Fernandez Born Pearl Sinthia Fernandez (1983-08-29) August 29, 1983 (age 38) 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 Sinthia Fernandez was born on August 29, 1983 at 6:29 PM, to Robert and Sandra Fernandez.[1][2][3] 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.
Pearl Sinthia Fernandez was born on August 29, 1983, to Robert and Sandra Fernandez.[11][12][13] 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.

When Gabriel was born she abandoned him at the hospital three days after his birth; however, she regained custody of Gabriel in 2015.
When Gabriel was born she abandoned him at the hospital three days after his birth; however, she regained custody of Gabriel in 2012.

In the months following Gabriel's death, Pearl reported abusing the opioid drugs Oxycodone and Norco.[3][2][4]
In the months following Gabriel's death, Pearl reported abusing the opioid drugs Oxycodone and Norco.[13][12][14]

Fernandez has been diagnosed with several mental health issues including a depressive disorder , developmental disability, a possible personality disorder, and post-traumatic stress disorder.
Fernandez has been diagnosed with several mental health issues including a depressive disorder[vague], developmental disability, a possible personality disorder, and post-traumatic stress disorder.

She was admitted to the facility on June 21, 2018.[1]
She was admitted to the facility on June 21, 2018.[15]

Lomeli said he carefully reviewed her petition for re-sentencing, but concluded that she was “not entitled to re-sentencing relief.”[1]
Lomeli said he carefully reviewed her petition for re-sentencing, but concluded that she was “not entitled to re-sentencing relief.”[16]

Gabriel Daniel Fernandez (February 20, 2005 – May 24, 2018) was an thirteen-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, 201, which led to his death two days later.
Gabriel Daniel Fernandez (February 20, 2005 – May 24, 2013) 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.

Isauro was born 1980
Isauro Aguirre Mug shot of Isauro Aguirre Born (1980-06-13) June 13, 1980 (age 41) 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 at 9:28 PM.[1] Aguirre repeated two grades in school and ultimately dropped out, implying a possible learning disability.[2] He worked for Woodland Park Retirement Hotel where he was a caregiver and a driver.
Isauro Aguirre, also known as Tony Aguirre, was born on June 13, 1980.[17] Aguirre repeated two grades in school and ultimately dropped out, implying a possible learning disability.[18] He worked for Woodland Park Retirement Hotel where he was a caregiver and a driver.

In October 2015, Aguirre began working as a security guard for AVL Private Security; through AVL he worked at the Vallarta Market in Palmdale, California.
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.

He is 8 feet 4 inches tall.[3]
He is 6 feet 2 inches tall.[19]

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.[1] He was admitted to San Quentin State Prison on June 13, 2018, awaiting execution. However, his execution has yet to be set in accordance with the moratorium on capital punishment issued by California governor Gavin Newsom.[2] In March/April 2021, Aguirre was transferred to Richard J. Donovan Correctional Facility in San Diego.[3]
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.[1] He was admitted to San Quentin State Prison on June 13, 2018, awaiting execution.[citation needed] However, his execution has yet to be set in accordance with the moratorium on capital punishment issued by California governor Gavin Newsom.[20] In March/April 2021, Aguirre was transferred to Richard J. Donovan Correctional Facility in San Diego.[21]

On May 23, 2018, Pearl Fernandez and Isauro Aguirre were arrested; Fernandez was arrested for felony child endangerment while Aguirre was arrested for attempted murder.[1] However, when Gabriel died, Fernandez and Aguirre were both charged with first degree murder with special circumstances of torture; prosecutors pursued the death penalty.[2]
On May 23, 2013, Pearl Fernandez and Isauro Aguirre were arrested; Fernandez was arrested for felony child endangerment while Aguirre was arrested for attempted murder.[22] However, when Gabriel died, Fernandez and Aguirre were both charged with first degree murder with special circumstances of torture; prosecutors pursued the death penalty.[23]

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.[1]
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.[24]

In September 2015, jury selection began for the case.
In September 2017, jury selection began for the case.

The jury composition was seven women and five men.[1][2]
The jury composition was seven women and five men.[25][2]

Jury deliberation began on November 14, 2015, and a verdict was reached the next afternoon.
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.[1] On December 11, 2017 jury deliberation began for the sentencing phase.
Ultimately, the jury found him guilty of first-degree murder and guilty of the circumstances of torture charges.[26] On December 11, 2017 jury deliberation began for the sentencing phase.

He lived with his grandparents until 2015, when his mother, Pearl Fernandez, and her boyfriend, Isauro Aguirre, regained physical custody of him[4] despite concerns for his welfare expressed by the family.[5]
He lived with his grandparents until 2012, when his mother, Pearl Fernandez, and her boyfriend, Isauro Aguirre, regained physical custody of him[4] despite concerns for his welfare expressed by the family.[5]

Throughout his four-month stay in the household of Pearl Fernandez and Isauro Aguirre, Gabriel Fernandez was systematically abused and tortured.
Throughout his eight-month stay in the household of Pearl Fernandez and Isauro Aguirre, Gabriel Fernandez was systematically abused and tortured.

[1][2] According to Fernandez's siblings, while Fernandez was being abused, his mother and stepfather would laugh.[2] According to persecutors, Aguirre was allegedly motivated to abuse Fernandez because he believed he was gay.[3] The abuse and torture did not extend to Fernandez's siblings.[1]
[6][7] According to Fernandez's siblings, while Fernandez was being abused, his mother and stepfather would laugh.[7] According to persecutors, Aguirre was allegedly motivated to abuse Fernandez because he believed he was gay.[8] The abuse and torture did not extend to Fernandez's siblings.[6]

Cherish Lily Perrywinkle (December 24, 2004 – June 22, 2018) was an 13-year-old girl from Jacksonville, Florida who was abducted from a Walmart on June 21, 2018.[1] She was seen on CCTV cameras leaving the store with a man named Donald James Smith (born September 4, 1936) who was later convicted of her murder and sentenced to death.[2]
Cherish Perrywinkle (December 24, 2004 – June 22, 2013) was an 8-year-old girl from Jacksonville, Florida who was abducted from a Walmart on June 21, 2013.[1] She was seen on CCTV cameras leaving the store with a man named Donald James Smith (born September 4, 1956) who was later convicted of her murder and sentenced to death.[2]

Cherish Lily Perrywinkle was born in Jacksonville, Florida on Christmas Eve of 2004 to Rayne Perrywinkle and Billy Jarreau, who were never married and had custody battles.[1]
Cherish Lily Perrywinkle was born in Jacksonville, Florida on Christmas Eve of 2004 to Rayne Perrywinkle and Billy Jarreau, who were never married and had custody battles.[3]

On June 21, 2018 around 5 pm, Rayne, Cherish, and her two younger sisters went shopping when they first met Donald Smith at a Dollar General, where he offered to buy them clothes they could not afford with a $150 Walmart gift card.
On June 21, 2013 around 8 pm, Rayne, Cherish, and her two younger sisters went shopping when they first met Donald Smith at a Dollar General, where he offered to buy them clothes they could not afford with a $150 Walmart gift card.

At 16:30 pm, Smith offered to get them cheeseburgers at the store’s McDonald's and Cherish followed him.
At 10:30 pm, Smith offered to get them cheeseburgers at the store’s McDonald's and Cherish followed him.

About half an hour later, Rayne called the police to report that her daughter had been abducted and an amber alert was issued five hours later.[1] The next morning Cherish’s body was found in a creek behind Highland’s Baptist Church.
About half an hour later, Rayne called the police to report that her daughter had been abducted and an amber alert was issued five hours later.[4] The next morning Cherish’s body was found in a creek behind Highland’s Baptist Church.

It is believed that Smith had bound her in the back of his van, where she was sexually assaulted and strangled to death.
It is believed that Smith had bound her in the back of his van, where she was sexually assaulted and strangled to death.[citation needed]

He had been released from jail only three weeks before Cherish’s murder.[1]
He had been released from jail only three weeks before Cherish’s murder.[5]

Smith’s trial began in February 2015.
Smith’s trial began in February 2018.

He was found guilty of first-degree murder and sexual battery and was sentenced to death in May 2020.
He was found guilty of first-degree murder and sexual battery and was sentenced to death in May 2018.

Julie Schlax, the defense attorney, urged the jurors to focus on the law and not their raw emotions.[1][2]
Julie Schlax, the defense attorney, urged the jurors to focus on the law and not their raw emotions.[6][7]

In April 2021, Smith unsuccessfully attempted to appeal his sentence.[1]
In April 2021, Smith unsuccessfully attempted to appeal his sentence.[8]