California Superior Court Judge M. Marc Kelly reduced a child rapist´s mandatory 25-year sentence down to a mere 10 because he ‘did not intend to harm’ the the little girl that he raped.
The judge stated that sentencing 20-year-old Kevin Jonas Rojano-Nieto to anything longer than 10 years would be ‘cruel and unusual punishement’ and stated that although he was sure that Rojano-Nieto sodomized the girl, even covering her mouth so she couldn’t scream, ‘there was no violence or callous disregard for the victim’s well-being’.
Now there is a growing movement to remove this judge from the bench. You can find the Facebook page HERE
A jury found Kevin Jonas Rojano-Nieto, 20, guilty on Dec. 3 of having sexual intercourse with a child 10 years or younger and committing a lewd act with a minor under 14, according to a news release from the Orange County District Attorney’s Office.
Rojano-Nieto sodomized the girl, who was a toddler at the time, and forced her to touch his penis, according to the DA’s office.
The minimum sentence in the case is 25 years to life in prison, with a maximum sentence of 33 years to life in prison, the DA’s office stated.
However, saying that 25 years to life was cruel and unusual punishment under the U.S. Constitution, the court — despite the prosecutor’s objection — sentenced Rojano-Nieto to 10 years in prison.
“Although serious and despicable, this does not compare to a situation where a pedophilic child predator preys on an innocent child,” Superior Court Judge M. Marc Kelly said, according to a City News Service article posted by the Orange County Register. “There was no violence or callous disregard for (the victim’s) well-being.”
The assault took place on June 4, 2014, when the 3-year-old girl wandered into a garage where Rojano-Nieto was playing video games, Deputy District Attorney Whitney Bokosky said in the new service’s article.
Rojano-Nieto became sexually aroused and assaulted the girl, according to Bokosky.
The judge felt that under the circumstances the minimum 25 year sentence would be too harsh.
“In looking at the facts of Mr. Rojano’s case, the manner in which this offense was committed is not typical of a predatory, violent brutal sodomy of a child case,” Kelly said.
“Mr. Rojano did not seek out or stalk (the victim). He was playing video games and she wandered into the garage. He inexplicably became sexually aroused but did not appear to consciously intend to harm (the victim) when he sexually assaulted her,” the wire service reported Kelly saying.
The prosecutor’s office was expected to discuss an appeal of the judge’s sentence, according to City News Service.
This was a 3 year old and he was basically blaming her for wandering into the young mans territory. Did anyone else get that? No wonder grown women don’t want to come forth if we can blame 3 yrs olds. What a scumbag!
WTF?! Someone needs to $#%&!@* this judge, then ask him how it felt?!
This is jacked up!!
How about “His Honor”?? spend two weeks in cells with the men in Orange Suits and he’ll know what it means. WHO IN THE HELL APPOINTED OR ELECTED THIS TOTAL UNFEELING IDIOT.
he needs removed from the bench, buy doing that he says its ok to rape cchildren.
that is Bull $#%&!@* let him get raped bet he would cry like a $#%&!@* a 3 year old what the Hell that is sick i am so pissed off over this $#%&!@*
Okay, Judgie Baby, let’s apply that logic to all cases, in the interest of “fair and equal”. I didn’t mean to harm those innocent people in the van I hit while I was drunk. I didn’t mean to harm the people who gave me their money to invest in a questionable scheme. I didn’t mean to harm those patients on whom I performed surgery without a license or training. I didn’t mean to harm those people to whom I sold unsafe food. I didn’t mean to harm the patients who were sold the wrong drug when I failed to pay attention. I didn’t mean to harm the 85 year old lady I raped while she was too weak to leave her nursing home bed. I didn’t mean to harm your family when I tied all of you to your beds and robbed you; all I did was take a few pretty things. Too bad your grandmother died during the attack, er, event. Sorry about the permanent disfigurement of your face. You’ll get over the loss of a testicle. Your house can be salvaged with some repairs and/or paint, and someday you won’t even think of it as traumatic. I really only yielded to my natural urges when I tore it all up and trashed it.
Bull
I’ve said this b4 ….he needs to do the time he reduced….15 years.
That is who controls the Demoncraps.
I suppode this pervert was an illegal also possibly or maybe not. Regardless this judge needs to go away and never be in law of any kind. When you don’t punish people and make the statements he made how it didn’t really do much to the girl you know he needs to be removed immediately as he has no common sense and his judgements are bogus.