Social Workers Charged with Child Abuse for Failures in Torture Death of Boy, 8

LOS ANGELES, CA - Two former Los Angeles County social workers and their supervisors are expected to be arraigned today on charges of child abuse and falsifying records stemming from the death of an 8-year-old Palmdale boy who prosecutors said was tortured and murdered by his mother and her boyfriend.

Social workers Stefanie Rodriguez, 30, and Patricia Clement, 65, and supervisors Kevin Bom, 36, and Gregory Merritt, 60, were each charged March 28 with one felony count each of child abuse and falsifying public records, according to the District Attorney's Office.

The charges stem from the May 24, 2013, death of Gabriel Fernandez. According to police and prosecutors, Gabriel was a long-time abuse victim. When he died, he had a fractured skull, broken ribs and burns over his body, prosecutors said.

"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," District Attorney Jackie Lacey said. "We believe these social workers were criminally negligent and performed their legal duties with willful disregard for Gabriel's well-being. They should be held responsible for their actions."

Prosecutors plan to ask that bail be set at $155,000 for each. The defendants are expected to be arraigned this afternoon in downtown Los Angeles.

The boy's mother, Pearl Fernandez, and then-boyfriend, Isauro Aguirre, are facing a capital murder charge stemming from Gabriel's death.

The case sparked a firestorm of criticism of the county Department of Children and Family Services over reports that the boy and his mother were repeatedly visited by social workers in response to abuse allegations, but the boy was never removed from the home.

According to the District Attorney's Office, DCFS opened a file on Gabriel's case on Oct. 31, 2012, and maintained one until the boy's death. Prosecutors allege that Rodriguez and Clement falsified reports that should have documented signs of escalating physical abuse and the family's failure to take part in DCFS efforts to help maintain the family.

Prosecutors also contend that Bom and Merritt knew or should have known they were approving false reports that conflicted with evidence of Gabriel's deteriorating physical health, allowing the boy to remain in the home until he died.

An investigation revealed that at times over an eight-month period preceding his death, Gabriel -- among other instances of violent abuse -- was doused with pepper spray, forced to eat his own vomit and locked in a closet with a sock stuffed in his mouth to muffle his screams, authorities said.

All four defendants were fired by the county following an internal investigation into the case. Merritt, however, appealed his firing, and the Civil Service Commission ordered that he be reinstated. The matter is now being appealed in court. A Los Angeles Superior Court judge recently ruled that the county must resume paying Merritt's salary.

Merritt and the other three criminal defendants each face up to 10 years in prison if convicted.

Philip Browning, director of the DCFS, said he could not comment specifically about the criminal case, but he defended the work done by his agency.

"I want to make it unambiguously clear that the defendants do not represent the daily work, standards or commitment of our dedicated social workers, who, like me, will not tolerate conduct that jeopardizes the well- being of children," Browning said. "For the vast majority of those who choose this demanding career, it is nothing short of a calling."

Lacey said the social workers and supervisors involved in Gabriel's case had a legal duty to protect the child.

"Social workers play a vital role in society. We entrust them to protect our children from harm," Lacey said in a written release. "When their negligence is so great as to become criminal, young lives are put at risk. We believe these social workers were criminally negligent and performed their legal duties with willful disregard for Gabriel's well-being."

City News Service and Patch staffer Paige Austin contributed to this report. Photo: Youtube.com