Congressman Blasts California Governor for Death Penalty Pause Amid Omar Hernandez Murder Case

Mario Edgardo Garcia Aquino -- the man who the L.A. County D.A. alleges killed 13-year-old Oscar Omar Hernandez -- deserves the death penalty, one U.S congressman says ... and, he blames California Governor Gavin Newsom for making that impossible.

We spoke with U.S. Rep. Kevin Kiley (R-Calif.) Wednesday about this case ... and, he tells us the moratorium on the death penalty instituted by Gov. Newsom in 2019 has had disastrous consequences.

Among them, Kiley says, the people of California voted to keep the death penalty legal ... and, the governor stepped in to override the rule, making criminals less afraid of committing major crimes. California Proposition 62 -- which would've repealed the death penalty -- failed back in 2016.

Congressman Kiley adds he's happy L.A. County District Attorney Nathan Hochman is reestablishing law and order in Los Angeles ... blasting former D.A. George Gascón's "insane" policies.

Kiley also blasts Newsom for proudly touting California's sanctuary state status ... Aquino is undocumented -- and, Kiley says he has more protections because of it.

Worth noting ... Ryan Elizabeth Todd -- a New York City-based immigration attorney with Milstein Law Group -- tells TMZ it is possible for foreign nationals to receive the death penalty, including undocumented immigrants. The U.S. also has to inform the arrested party of their right to notify their consulate -- though this doesn't always happen, Todd says.

As you know ... the D.A.'s Office claims Aquino killed Hernandez while engaged in the "performance of a lewd and lascivious act." Aquino was charged with murder in this case, and faces other charges from a previous alleged sexual assault.

The last time an inmate was executed in California was 2006.

Congressman Kiley says he doubts Gov. Newsom will end that streak ... but, we'll have to wait and see.