A teacher has testified in the murder trial in the case of a Palmdale, California, boy who died in May 2013.
The boy’s mother, 34-year-old Pearl Sinthia Fernandez, will be tried separately.
Prosecutors are seeking the death penalty against Aguirre and Fernandez. Aguirre was her live-in boyfriend.
The first-grade teacher of Gabriel Fernandez said that she found a note hidden in his desk days after she learned of his death.
“‘Sometimes my mom makes me bleed,’ and I said, ‘Where do you bleed?’ and he said, ‘Well, on my bottom cause she hits me with a belt.’ And he said, ‘You know that part with the metal on it? That part,’” Garcia can be heard saying in a recording of a phone call produced in court.
Garcia said the boy could be seen with bruises, wounds, and other injuries.
“Are you sure that that’s what really happened? And then he did eventually tell me and he was really angry and he said, ‘Well, it’s cause my mom shot me in the face with a BB gun,’” Garcia said.
Garcia added that she was afraid to speak to the Department of Children and Family Services because the boy may have suffered more abuse as a result.
In 2013, she was told that the boy went to live in Texas. Garcia said she hoped it was true, but a week later, the child was found dead.
“All of these injuries were inflicted by a caregiver,” Ribe said, adding that the boy’s injuries could not have been self-inflicted or accidental.
The boy “probably hadn’t been eating,” Ribe said, adding that his intestines had “very little content.” His thymus gland was “barely even there” and there was an “almost a complete absence of body fat,” he testified.
“So, Gabriel wasn’t being fed?” Deputy District Attorney Scott Yang asked him.
“Correct,” Ribe told him.