Attorney Luis Carrillo
LOS ANGELES - The family of the 13-year-old boy allegedly raped and murdered by his soccer coach have lodged legal claims against the city of Los Angeles and Los Angeles County, asserting their son's death could have been avoided if both entities had properly checked the criminal background of the illegal immigrant man before allowing him to coach their son and other boys in the community.
On Sept. 11, attorneys with the Carrillo Law Firm, of South Pasadena, filed claims for money damages with the offices of the L.A. city and county clerks, putting the entities on notice that a lawsuit would soon follow in state court on behalf of parents Oscar D. Hernandez and Gladys Bautista Vasquez over the death of their son, Oscar Omar Hernandez Bautista.
In the filed claims, the family asserts that both Los Angeles County and the L.A. city Recreation and Parks Department "failed to do a thorough 'background check'" on the man identified as Mario Garcia-Aquino before granting him permits to operate the Huracan Valley Boys Soccer Club in community parks operated by the public agencies.
The family asserts a proper check would have revealed "Garcia-Aquino's past history of child sexual misconduct, and/or criminal background."
They assert such a check should have led the city and county to deny Garcia-Aquino the permits he needed to operate the soccer club, reducing his access to Hernandez and other boys who he allegedly groomed for sexual abuse.
The claims said the alleged failure by the city and county to properly vet Garcia-Aquino caused parents to believe Garcia-Aquino was "a trustworthy and reliable coach with no history of a criminal record."
The claims assert the city and county owed a "heightened responsibility" to the family and to the boys in the soccer club to "ensure the safety and well-being" of Oscar Omar Hernandez and other boys in the Huracan Valley club who "played in the City parks on a weekly or bi-weekly basis."
The city and county allegedly "owed a duty of trust to the public, including parents of minor children, under the law to ensure that any coach entrusted with minors at community parks was acting in conformity with the law and was not using their position of power to groom and molest children."
The legal filings come as the latest development surrounding the criminal prosecution of Garcia-Aquino for the homicide of Oscar Omar Hernandez.
Oscar Omar Hernandez
Garcia-Aquino, 43, was charged in April with the murder and sexual assault of the boy, whose body was found in Oxnard in Ventura County, about 80 miles from Garcia-Aquino's home near Lancaster, north of L.A.
According to published reports, the boy went missing after he traveled by train to Garcia-Aquino's home, where his family believed he performed odd jobs for his soccer coach.
According to published reports, Garcia-Aquino had been investigated for two other incidents of child sexual assault against young teens, but had never been previously charged.
According to published reports, the L.A. County District Attorney's office blamed the administration of former L.A. County District Attorney George Gascón for handing over a backlog of more than 10,000 criminal investigations that were still open and for which charges had not yet been filed.
Gascón was removed by voters in November 2024, after years of criticism over soft-on-crime policies, motivated by his progressive politics. He was particularly criticized for policies which his critics said prioritized the perceived rights of criminals his office was constitutionally tasked with investigating and prosecuting, over his office's duties to enforce the law and protect crime victims.
Gascón was replaced by current L.A. County D.A. Nathan Hochman.
After Garcia-Aquino was arrested and charged with Hernandez's murder, his indictment was updated soon after to include felony child sexual assault charges stemming from a 2022 incident reported to police and Gascón's office.
He has also been charged with another child sexual assault offense for allegedly sexually assaulting a 16-year-old boy in Palmdale in February 2024.
Hochman has indicated he may seek the death penalty for Garca-Aquino.
Attorneys from the Carrillo firm, however, said the additional criminal charges back their claims that Oscar Omar Hernandez was failed by the government at multiple levels, including by the city and county, who they say should have discovered the criminal allegations already leveled at Garcia-Aquino.
The city and county of L.A., they said, "should have known about these prior complaints against Mario Garcia-Aquino and acted on it rather than providing Mario Garcia-Aquino with a field permit to use ... parks as a way to gain unfettered access to children for future abuse."
At the same time, the boy's apparent murder has also become part of the national debate over federal and state immigration policies.
Acting L.A. U.S. Attorney Bill Essayli and the U.S. Department of Homeland Security have both issued statements to the press and on social media blasting California's sanctuary policies for allowing Garcia-Aquino to be in the country in the first place.
They noted Garcia-Aquino is an illegal immigrant from El Salvador, yet was not turned over to federal immigration agents, even after being accused of committing heinous crimes.
"This was an avoidable crime and the result of failed border policies," Essayli said in April at the time of Garcia-Aquino's arrest. "We cannot and will not tolerate illegal aliens who flout our nation’s immigration laws then prey on children. Federal law enforcement will continue to be very aggressive in locating, apprehending, and prosecuting criminal illegal aliens."
In their claims, the parents are seeking unspecified money damages. They have not yet filed suit in Los Angeles County Superior Court.
The family is represented by attorneys Luis A. Carrillo and Michael S. Carrillo, of the Carrillo Law Firm.
The firm is known for its civil rights lawsuits, including suits vs Los Angeles Police and other agencies over alleged misconduct. Notably, they have recently touted their work in potential legal actions against federal immigration agents and agencies amid ramped up federal immigration enforcement operations in L.A. and elsewhere in southern California.
They also note their work on child sexual abuse and wrongful death cases.
