Family members and supporters of an 8-year-old boy who died after being tortured and abused allegedly by his mother and her boyfriend while under the guidance of the county child welfare system are fighting to reverse a decision that could reinstate a county employee on whose watch the death occurred.
Gabriel Fernandez supporters from around the world are writing letters to the County Supervisors and the Civil Service Commission with the hope of reversing a decision to reinstate the LA County employee who oversaw the social worker involved in Gabriel's case.
The five-member civil service commission made the decision to change a dismissal to a 30-day suspension with no back pay for Gregory Merritt. Commissioners are appointed by the Supervisors to rule on County employees' cases.
One woman described the decision as "a slap in the face."
"This whole case has turned a nice bright light into these DCFS workers and I think they feel pressure and I don't want that pressure to go away," wrote Amanda Nevarez on Gabriel's Justice Facebook page that she helps run.
While she isn't pointing the finger at all social workers, she insists the four employees fired after an investigation by the DCFS made mistakes that led to Gabriel's death.
Pearl Fernandez and Isauro Aguirre have pleaded not guilty to murder charges with special allegations of torture. Prosecutors haven’t decided whether to seek the death penalty. Their public defenders did not immediately return calls seeking comment.
News
Top news of the day
According to DCFS testimony, Merritt knew of performance deficiencies with the social worker assigned to Gabriel's case.
He also admitted to knowing Gabriel had been shot in the face with a BB gun. Following a 30-minute meeting with the social worker, Gabriel's case was closed.
"At any time during he could have opened up that file and looked and saw the pictures or any evidence that was in the case at that time," Nevarez said.
Merritt's representative argued that with more than 14 employees under his supervision he was "overworked, understaffed and underappreciated."
In addition, the supervisor had a unblemished career in nearly 24 years with the DCFS, a fact the hearing officer pointed to when he recommended suspension.
Service Employees International Union Local 721, the union representing the supervisor, will not comment on a pending case.
DCFS officials have not decided if they will try to reverse the appeal in court.
The letter-writing campaign may have no effect. Only principals involved in the case can file an objection to the commission.
But that's not stopping Nevarez.
"The government is a public entity that we pay for as taxpayers," she said. "I don't see a reason why I have to shut up."
