The trial is currently underway for the 2013 murder of Gabriel Fernandez.
LOS ANGELES – The trial of a Los Angeles man accused of killing his girlfriend’s 8-Year-old boy Gabriel four years ago because he thought he was gay began on Monday reports KTLA.
The following story contains graphic details of abuse the young boy sustained according to the L.A. County District Attorney Jon Hatami.
During opening arguments, Hatami claims that Isauro Aguirre and his girlfriend Pearl Fernandez tortured her son Gabriel with pepper spray and lit cigarettes.
They also say the couple shot at the child with a B.B. gun, starved him, fed him cat excrement and his own vomit.
They further report that Gabriel was bound and gagged and kept in a small cabinet. First responders found him in May 2013 after a call from Aguirre. But authorities say that call was a misdirection.
“They didn’t call 911 to help Gabriel,” said the prosecutor. “They called 911 to cover up what they did. The defendant lied on the 911 call.”
The eight-year-old was taken to the hospital but died two days later from his injuries. A paramedic said from the stand, "It was just unbelievable amount of trauma on his body,”
Aguirre’s defense attorney John Allan said his client admits to the abuse; it was a result of the child telling his mother to leave him but the death was accidental.
“He is guilty of murder, but the special circumstance alleged, that he intended to kill Gabriel with the infliction of torture, is not true,” Allan said. “Despite the horrific abuse, Isauro never intended for Gabriel to die.”
Text messages from Aguirre and the boy’s mother were also shown to the jury which the prosecution says prove the couple was plotting to kill Gabriel.
“Gabriel’s last vision was that man over there standing over Gabriel, beating him to death,” Hatami said.
Gabriel's mother will go on trial separately as will two social workers involved in the case.