LOS ANGELES (KCAL/KCBS/CNN) – A California man faces a possible death sentence after being convicted of first-degree murder for the torture-killing of his girlfriend’s 8-year-old son.
The jury deliberated for less than six hours before handing down a guilty verdict Wednesday for Isauro Aguirre, 37, in the May 2013 death of 8-year-old Gabriel Fernandez.
Gabriel’s older brother testified that Aguirre routinely beat the 8-year-old, shot him with a BB gun, forced him to eat cat feces and made him sleep in a cabinet with his hands and feet bound.
Deputy District Attorney Jonathan Hatami said during the trial that Aguirre is an “evil” man who “liked torturing” the boy and hated him because he thought the 8-year-old was gay.
“I was asking the jurors for justice for Gabriel,” Hatami said.
The torture, which occurred over several months, was so bad that social workers assigned to the case faced criminal charges, accused of ignoring Gabriel’s plight.
Aguirre’s attorney, Michael Sklar, acknowledged during the trial that Aguirre killed the 8-year-old but contended he had done so out of anger and had never meant to hurt Gabriel.
Aguirre was angry because Gabriel had asked his mother to leave the man and then denied saying so, the defense attorney said.
That anger resulted in a violent outburst, according to the attorneys, during which Aguirre punched and kicked the 8-year-old until he was unconscious, an act that left Gabriel brain-dead.
The defense alleged Aguirre took immediate steps to revive the boy and showed remorse for the act while the prosecution said the man hid some of the 8-year-old’s bloody clothing and moved a picture to cover up indentations in the wall left by the beating before calling 911.
The sentencing portion of Aguirre’s trial begins Nov. 27, during which jurors will be asked if the man should receive the death penalty or life in prison without parole.
Gabriel’s mother, 34-year-old Pearl Sinthia Fernandez, is still awaiting trial for the boy’s death. Aguirre’s attorney alleged she 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.
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