Can you believe it? Orange County Superior Court Judge M. Marc Kelly had the opportunity to give a 25-year-to-life sentence to Kevin Jonas Rojano-Nieto, 20, who was convicted by a jury on December 3, 2014, of sodomizing a 3-year-old girl. But Judge Kelly decided instead to sentence Rojano-Nieto to 10 years in prison.
Rojano was playing video games in the garage of his Santa Ana home on June 4, 2014, when a 3-year-old girl, to whom he is related, wandered in to hang around, said Deputy District Attorney Whitney Bokosky. Rojano, who became sexually aroused by the child, pulled her pants down and assaulted her, Bokosky said, according to the O.C. Register.
The girl’s mother, meanwhile, tried to get into the garage as she looked for the child but realizing it was locked started looking elsewhere at a neighbor’s home, Bokosky said. This prompted the defendant, who had put his hands over the girl’s mouth to keep her from yelling for her mother, to have the child masturbate him. The defendant then unlocked the garage door and when the mother returned she took the girl, who appeared unharmed, into the home, Bokosky said. The crime came to light moments later in the kitchen when the girl complained of pain in her anus and the mother noticed it was torn, according to the Patch.
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. 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,” according to KTLA.
Kelly was appointed to the bench by recalled Governor Gray Davis, a Democrat, in 2000, according to the Daily Pilot. He was reelected in 2012, when he faced no opposition, according to Smart Voter. He was previously a prosecutor known for having played basketball at Notre Dame.
Editor’s Note – Judge Kelly sentenced a retired CHP Lieutenant to probation after the bad cop was nabbed in a child molestor sting, according to the OC Weekly.
An online petition has been launched calling for an apology from Kelly and asking officials to appeal the case.