California Gov. Gavin Newsom’s plan to commute the death sentences of 548 inmates has drawn sharp criticism from prosecutors across the state. Several said victims’ families were not consulted before the announcement, which would replace the sentences with life in prison without parole.
Among those affected is Isauro Aguirre, convicted in 2017 of torturing and killing Gabriel Fernandez, his girlfriend’s 8-year-old son. Gabriel died in 2013.
Jonathan Hatami, the Los Angeles deputy district attorney who prosecuted Aguirre, called the governor’s decision “horrible.” Hatami said Gabriel’s family had not been included in discussions. He also recalled describing in court how the child had endured prolonged abuse and, in his view, had been left without the care and comfort he needed.
Prosecutors said Aguirre abused Gabriel for more than seven months before beating him to death. The boy suffered a fractured skull and broken ribs. The abuse included being shot with a BB gun, burned and forced to eat cat feces. Prosecutors argued Aguirre targeted Gabriel because he believed the child was gay. Gabriel’s mother was also sentenced to prison.
During his closing argument, Hatami said Aguirre was responsible for his own actions, describing him as “pure evil” and a coward.
Newsom’s commutation plan also applies to inmates convicted of other especially serious crimes, including serial murders and killings of police officers. They include Randy Kraft, known as the “Scorecard Killer,” who killed 16 men from 1972 to 1983; David Carpenter, the “Trailside Killer,” who murdered seven people between 1980 and 1981; and Cary Stayner, who killed four women in 1999. Charles Ng was sentenced to death for his role in the abduction, torture, rape and murder of 11 people, including two infants, in 1984 and 1985.
San Bernardino County District Attorney Jason Anderson said he knew of no victims’ relatives who had been notified about the commutations. He called the decision wrong. Newsom, in an open letter to Californians, said the state could not morally carry out executions, arguing that capital punishment conflicts with California’s values and weakens the legal system. He also acknowledged the profound suffering caused by the crimes.
Los Angeles County District Attorney Nathan Hochman and prosecutors in Orange, Sacramento and other counties said they would continue to seek the death penalty in eligible future cases. They noted that Newsom’s action does not change state law or abolish capital punishment.
Sacramento District Attorney Thien Ho said death sentences follow years of proceedings, including jury and judicial review and mandatory appeals. A blanket commutation, he argued, fails to account for the facts of individual cases, the court process or the concerns of victims’ families who have waited decades for justice.
California has not executed an inmate in 20 years. Death row prisoners have generally not been included in the sentencing changes that have benefited other groups of offenders. Orange County District Attorney Todd Spitzer said commuting every death sentence showed mercy to offenders at the expense of victims.
Some critics worry that removing death sentences could make further reductions in punishment more likely. Newsom’s office said on X that the inmates are not eligible for new state parole-board rules that critics say could eventually lead to releases. The Criminal Justice Legal Foundation, headed by former Sacramento County District Attorney Anne Marie Schubert, has sued to block those regulations.
Schubert has described the affected prisoners as among the state’s most serious offenders, including people convicted of killing police officers and children, as well as mass shooters. She cited cases involving the killing of an infant and a Fresno mass shooting in which 10 people died.
The California Supreme Court is expected to review hundreds of cases before the commutations become final.
