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.
I’d say he doesnt have any common sense. Wonder how he’d feel if it was his daughter?
REMOVE and DIS-BAR this IDIOT JUDGE forever! Then APPEAL his verdict and get justice.
That was no judge. That was a misjudge!
If that was my daughter I’d kill the sicko and the judge!
Leave it to california… Maybe he will die of thirst!
What did he meant then??? Let the judge serve his prison term.
There was a similar post of this outrageous sentence yesterday. Since when is sexual perversion on a three-year old not “an act of harm”? The offender “did not mean to harm her”? In what universe could that possibly be true? Does this judge think the child has not been frightened? Does he think “no harm, no foul”? No matter how it is $#%&!@*yzed, sexual acts with a three-year old child is a perversion. But the sentence meted out to this sexual predator is just as perverse.
I agree with you. In what universe does a MAN not cause pain, suffering, and a lot of physical damage to a toddler when committing that sordid act upon her? The judge is a total and complete idiot, and should himself be punished for handing down such a decision. He must be pretty sick minded.
This is unjustice at work.
That “Judge” is a pedophile or he would have been outraged by that heinous and vicious crime against a 3 yr old child. . . . . . http://www.opposingviews.com/i/politics/nevada-$#%&!@*emblywoman-sex-offenders-i-think-solution-would-be-castration
I want to hear this guy is off the bench and jailed for the crime of being beyond stupid.