Appeals Court Throws Out Criminal Charges Against 4 Social Workers In Torture, Murder Of Gabriel Fernandez
LOS ANGELES (CBSLA) — A California appeals court has thrown out criminal charges against four social workers in the torture and murder of 8-year-old Palmdale boy Gabriel Fernandez.
Stefanie Rodriguez, 34; Patricia Clement, 69; Kevin Bom, 40; and Gregory Merritt, 64, were charged with child abuse and falsifying public records. All four were fired from the Los Angeles County Department of Children and Family Services after an internal investigation into the boy’s May 24, 2013 death.
In a 2-1 opinion, the three-justice panel concluded there was no probable cause to hold the two social workers and their supervisors on the charges.
“We conclude that the petitioners never had the requisite duty to control the abusers and did not have care or custody of Gabriel for purposes of Penal Code section 273a, subdivision (a). We further conclude that the petitioners were not officers within the meaning of Government Code section 6200,” wrote Justice Francis Rothschild.
“There is, therefore, no probable cause to hold them on charges of violating those laws and the trial court should have granted the motions to dismiss,” the opinion continued.
https://losangeles.cbslocal.com/2020/01/07/appeals-court-throws-out-criminal-charges-against-social-workers-torture-murder-gabriel-fernandez/