Los Angeles County Superior Court Judge George Lomeli dropped the charges of falsifying records and child abuse against 41-year-old Kevin Bom, 35-year-old Stefanie Rodriguez, 59-year-old Patricia Clement, and 64-year-old Gregory Merritt.
The four social workers were charged in connection with the torture death of an 8-year-old boy, but the judge said he was dismissing the charges after the California appeals court directed him to do so.
The young boy passed away in 2013 at the hands of his mother Pearl Fernandez and her partner Isauro Aguirre. He was forced to eat cat feces and his own vomit, burned with cigarettes, and shot with BB guns that left him with pellets stuck in his groin and lung.
His death sparked outrage across the nation, prompting internal investigations within Child Protective Services.
The charges being dropped was expected after a panel in the 2nd District Court of Appeal directed the lower court to do so.
Justice Francis Rothschild said: “We conclude that the petitioners never had the requisite duty to control the abusers and did not have care or custody of Gabriel,’ wrote Justice Francis Rothschild.
“There is, therefore, no probable cause to hold them on charges of violating those laws and the trial court should have granted the motions to dismiss.”
Judge Lomeli said in the court hearing: “The motion to dismiss has been granted.”
But the attorney for the child’s family condemned the results as a ‘colossal disaster.’ Atty Brian Claypool told KTLA: “The California appellate court decided the social workers have immunity from criminal prosecution. That is a catastrophic decision.
“It’s one of the worst decisions I’ve ever seen in my life.”
The Department of Children and Family Services said in a statement: “We respect the court’s decision. Over the years, the Los Angeles County Department of Children and Family Services has taken significant steps to mitigate risk and improve our capacity countywide in order to best serve vulnerable children and families and as a department we remain committed to ensuring that reform continues.”
It was in April 2016 when prosecutors filed the charges against Merritt, Bom, Clement and Rodriguez, three years after the child’s murder, saying the four social workers had a ‘legal duty’ to protect the boy.
District Attorney Jackie Lacey said at that time: “By minimizing the significance of the physical, mental and emotional injuries that Gabriel suffered, these social workers allowed a vulnerable boy to remain at home and continue to be abused.”
The boy’s teacher had called social workers numerous times before his death. She also filed complaints about the child coming to school with scratches, a ‘busted lip’, and bruises.
Gabriel’s therapist also contacted 911 after finding a suicide note written by the victim. However, social workers decided to dismiss the complaint.
During the month of the child’s death, he told his therapist that he was forced to perform oral sex on a relative, but that information was ignored by social services.
Emergency services who responded to the call on May 22 said the abuse the child suffered was unspeakable. Doctors and nurses said it was one of the worst they had ever seen.
Isauro Aguirre was sentenced to death while Pearl Fernandez was sentenced to life in prison without the possibility of parole.
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