Orange County Judge M. Marc Kelly stated that a maximum sentence of 33-years to life would be a cruel punishment for a man, Kevin Jonas Rojano-Nieto, 20, who was convicted of raping a three-year-old toddler, so he reduced his sentenced to 10 years in prison.
According to Daily Mail, In June of 2014, Nieto was in the garage playing a video game at his home in California when a three-year-old – who is related to him — walked in. After a few moments, Nieto became aroused and decided to lock the garage door with plans of engaging in sexual acts with the young girl.
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After securing the area, he walked over to the toddler, pulled her pants down, and began sodomizing her. He stopped when he heard the toddler’s mother calling her name while attempting to open the locked garage door.
Nieto placed his hand over the girl’s mouth so that she wouldn’t respond to her mother. After a few moments to possibly pull the toddler’s pants up and make it appear as though nothing transpired, he unlocked the garage door and let the mother in.
Immediately, the mother knew something was wrong when her daughter began complaining of pain. She reported him to the police and he was taken into custody.
Nieto was convicted on December 3, 2014, for having sexual intercourse with a child under the age of 10, according to KTLA 5.
Judge M. Marc Kelly spoke with reporters and gave an explanation as to why he felt the need to reduce Nieto’s prison sentence. He stated as follows.
“Although serious and despicable, this does not compare to a situation where a pedophilic child predator preys on an innocent child.
“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.
“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 judge also claims that as a result of Nieto’s “difficult and abusive childhood,” it made him into an “insecure, socially withdrawn, timid and extremely immature young man.”
District attorney Whitney Bokosky disagrees with the judges’ decision to reduce prison sentence, and believes that Nieto knew “what he was doing was wrong” when he sodomized the toddler.
She contrives to appeal the judge’s decision so that Nieto will receive a longer sentence.
[Image courtesy of ssalonso/Flickr]