The mandatory sentence for the charges against him required a 25-year to life in prison. However, Judge M. Marc Kelly cut the sentence and gave him just 10 year in prison, saying that the suspect “did not intend to harm” the child who he sexually assaulted.
Rojano was found guilty of sodomizing the 3-year-old girl in his garage.
Rojano was playing video games in the garage of his home in Santa Ana, when the victim walked in. Rojano said that he became sexually aroused by the child and he sexually assault her.
During the attack, the girl’s mother was looking for the child. Rojano placed his hand on the child’s mouth so that she does not respond to her mother, according to prosecutors.
The child later complained of pain, and her mother called police when she found injuries consistent with sexual assault.
However, the judge said that the usually minimum sentence of 25 years to life in prison would be “cruel and unusual punishment for a man who was not a predator.”
Judge Kelly agreed that in most circumstances, the mandatory sentence would be appropriate.
However, in this case, “Mr. Rojano did not seek out or stalk the victim. He was playing video games and the girl 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 said.
Deputy District Attorney Whitney Bokosky disagrees with the decision and may appeal.
Bokosky pointed to the fact that Rojano continued to sexually assault the girl when her mother was calling out for her.