Eight-Year-Old Boy Murdered For ‘Being Gay’

Eight Year Old Boy Murdered For Being Gay gabrielGabriel's Justice/Facebook

The murderer of Gabriel Fernandez ‘liked torturing’ him, a prosecutor said at trial.

Deputy District Attorney Jonathan Hatami accused 37-year-old Isauro Aguirre in his closing argument of belittling and bullying the eight-year-old for ‘being gay’.

He described his shock at a person intentionally murdering a child, likening the abuse to that suffered by a prisoner of war.

He told the jury:

Believe it, because it happened. This was intentional murder by torture. Do not go back in the jury room and make excuses for the defendant … this had nothing to do with drugs … this had nothing to do with mental health issues.

Eight Year Old Boy Murdered For Being Gay gabriel 2Gabriel's Justice/Facebook

Hatami said prior to Gabriel’s death, he was ‘being starved and punched and kicked and abused and beaten … he was belittled, bullied and called gay. His teeth were knocked out. He was tied up every night in a box … Gabriel was dying.’

According to his attorney, Aguirre murdered Fernandez in May 2013 but had ‘acted in a rage of anger followed by an explosion’ rather than deliberately commit murder against the child.

Hatami refuted the notion, saying:

Gabriel was a gentler boy, a sweeter boy (than his brother) and the defendant hated him because of that … he believed Gabriel was gay. This stressful situation and rage thing is a lie … because it’s not supported by the evidence. The defendant actually liked torturing Gabriel. He got off on it … he is a murderer and he is a torturer.

Believe it, because it happened. This was intentional murder by torture. Do not go back in the jury room and make excuses for the defendant… this had nothing to do with drugs… this had nothing to do with mental health issues.

Eight Year Old Boy Murdered For Being Gay gabriel 3Gabriel's Justice/Facebook

Hatami at one point showed a photo of Gabriel’s body on an autopsy table, entirely covered in injuries.

He made the jury imagine Aguirre sleeping in comfortable bed night after night while Gabriel was tied up and gagged ‘with a sock in his moth, a shoelace tying up his hands, a bandanna over his face’.

He accused Aguirre of punching and kicking Gabriel hard enough to make dent in the walls of the apartment. Hatama said there was no evidence to suggest he was going to come to Gabriel’s aid. ‘To force a child to eat cat litter and cat feces, more than once, how does somebody do that?’ he asked.

Eight Year Old Boy Murdered For Being Gay gabriel 4Gabriel's Justice/Facebook

Defense Attorney Michael Sklar argued that ‘his own mother disciplined him with cords and burned him with cigarettes.’

He added:

Does it seem likely that they would send (Gabriel) to school … with obvious injuries … if their plan was to slowly torture him to death? He did not act with a cold, calculated decision to kill … it was a rash act … not deliberate and premeditated.

We’re not asking you not to punish Isauro Aguirre, but a verdict that serves the ends of justice. Follow the law down the path it takes you … do what is right and just.

Hatami argued:

The social workers had a chance. The school officials had a chance. The deputies had a chance. Now it’s up to you … What are you going to do? Justice for Gabriel.

Jurors will return Tuesday.

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