Thursday, April 9, 2015
Give him a break for a "rough" childhood?
"Mr Rojano was born into and raised in a dysfunctional familiar environment," stated Orange County Superior Court Judge M Marc Kelly.
On June 4 2014, Kevin Jonas Rojano-Neito, now 20 years old, was playing video games in the garage of his home. A three year old girl who is related to him wandered into the garage where he was playing and he became sexually aroused by the toddler. He pulled down her pants and began sodomizing her.
At one point, her mother tried to get into the garage which Rojano had locked because she was looking for her little girl. Rojano put his hand over the little girls mouth to prevent her from calling out to her mother then and the mother left to look for the girl at the neighbor's home. He then continued the assault by having the little girl touch his penis. When he was done, he unlocked the garage door and let her back into the house where her mother found her. She did not realize anything was wrong until minutes later when the 3 year old complain about being hurt.
In December 3 2014, a jury convicted Rojano of one felony count of having sexual intercourse or sodomy with a child of 10 or younger and one felony count of lewd acts upon a child under the age of 14 years old. The minimum sentence in the state of california for this conviction is 25 years to life. On April 3 2015, Judge M Marc Kelly stated that the minimum sentence was unconstitutional because Rojano did not stalk or seek out his victim. He chose instead to sentence Rojano to 10 years and gave a lengthy reason as to why he was being so lenient.
Kelly stated that after looking at the facts of Rojano's case and the manner in which the offense was committed, he felt that it was not the typical violent, brutal predatory sodomy of a child. Rojano did not seek out or stalk the victim, she wandered into the garage where he was. Kelly went on to say that Rojano became aroused by the little girl but did not consciously intend to harm her while he assaulted her.
He added that Rojano had a dysfunctional upbringing that featured family disruption. That upbringing left Rojano an insecure, socially withdrawn, timid, and extremely immature young man with limited self esteem. Kelly also said that he was not a typical pedophilic child predator and his crime did not constitute violence against the child.
When you look at the facts of the case, you can not come away with the same conclusions. Rojano only stopped when he heard the 3 year old's mother looking for her and he continued the attack after she left. I am not sure how a then 19 year old would be sexually aroused by a 3 year old. You certainly can't say that she was dressed too provocatively or that she leaned into his ear and talked dirty to him. What you have is a twisted young man who assaulted a child with little care as to how she felt physically or emotionally. There is little or no cure for pedophilia, so keeping him in prison for a large part of his lifetime will keep him off of the streets and protect other young children that may wander up to Rojano and sexually excite him in the future.
I am not sure what Judge M Marc Kelly thinks he is doing by slashing Rojano's prison term. I do hope that the Orange County prosecutors office follows through on their statement of appealing the sentence. Any man who sodomized a 3 year old child was both violent and showed a callous disregard for the well being of that child.