He was convicted of the first-degree murder of 8-year-old Gabriel Fernandez with the added circumstance of intentional murder by torture. He received the death sentence and was admitted to San Quentin on June 13, Gabriel Fernandez was killed on May 24, after lying in the hospital, brain dead, for two days. During the trial, the prosecution painted a picture that was disturbing and distressing in its graphic nature.
Aguirre decided to take his case to trial and was found guilty, receiving the death sentence. He is now 39 years old and was admitted on June 13, His status is listed as condemned.
As ABC7 reported , Aguirre could spend many years on death row because there are currently no executions going ahead. Due to legal disputes in California over the death penalty, executions are currently stalled and the most recent ones were for inmates who had been sentenced over two decades ago. ABC7 reported that the jury was shown photos of Aguirre as a baby and as a young child, holding his younger sister.
His lawyer argued that Aguirre had no prior criminal history and suggested that he was changed by Pearl Fernandez.
His attorney during the trial suggested that Aguirre might have a learning disability, saying he had intellectual difficulties, repeated two grades, and eventually dropped out of school. The LA Times reported that for most of the trial, Aguirre stared at the table with a scowl on his face.
