Justices with the California 2nd District Court of Appeal threw out the case Monday against four former social workers who faced criminal charges in the death of 8-year-old Gabriel Fernandez.
Gabriel died in May 2013 after months of torture and abuse, according to prosecutors. His mother, Pearl Sinthia Fernandez, and her boyfriend, Isauro Aguirre,A surprising twist in the case came in 2016 when the Los Angeles County district attorney’s office charged former county Department of Children and Family Services employees Kevin Bom, Stefanie Rodriguez, Gregory Merritt and Patricia Clement with one felony count of child abuse and one felony count of falsifying public records.
In 2016 when the workers were charged, prosecutors argued that the employees minimized “the significance of the physical, mental and emotional injuries that Gabriel suffered … [and] allowed a vulnerable boy to remain at home and continue to be abused.” Rodriguez’s attorney, Lance Michael Filer, said that his client has been dealing with the case for years and that “this has been the news she’s been waiting to hear for a long time.”“Our position has always been the same,” Filer said, “that neither she nor anyone else in her shoes should have been held criminally accountable for the unpredictable nature of criminals and that the people that actually harmed Gabriel have already had their trial and day in court.
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