Isaac Gutierrez receives 5-year sentence in Chick-Fil-A shooting
(ABC 6 News) – Isaac Gutierrez, the man convicted of murdering Osbel Ornelas Jr. in the parking lot of a Rochester Chick-Fil-A, received a 5-year sentence Monday, Oct. 28.
MN Sentencing Guidelines recommend between 128 and 180 months for an unintentional 2nd-degree murder conviction — with a usual sentence of 150 months, or about 12.5 years.
However, Judge Lisa R. Hayne agreed to a departure, or lighter-than-usual sentence.
According to a transcript from early October, many of Ornelas’ family members requested the maximum sentence for 2nd-degree murder in Victim Impact Statements.
“We believe in God that justice will be done and that Mr. Gutierrez will get the maximum amount of time,” Ornelas’ grandparents wrote in one statement.
“Your Honor, my brother Osbel deserves justice, and I believe until that happens healing cannot
happen. Osbel had a family and two beautiful boys who loved him and will miss him the rest
of their lives. I would ask that you give the maximum sentence today,” his sister, Elianna Ornelas, wrote in another.
However, many letters were also submitted on Gutierrez’s behalf, requesting a light sentence based on the defendant’s lack of previous criminal history, young age, and remorse.
His defense likened Gutierrez’s behavior to something like criminal vehicular operation — where a dangerous action was undertaken, but without the intent to kill anyone.
The defense requested a probation sentence only.
Judge Hayne said she spent three weeks comparing Gutierrez’s case to similar ones, and said a sentencing doesn’t necessarily bring closure to a family — prompting vocal responses from the Ornelas family.
After Hayne laid down the sentence, members of the Ornelas family shouted at Gutierrez and had to be led out of the courtroom by deputies.
—–PREVIOUS STORY—–
(ABC 6 News) – An Olmsted County judge pushed back a murder sentencing Monday, stating she needs more time to consider the case.
Isaac Gutierrez was found guilty of murder without intent after shooting Osbel Ornelas Jr. in the parking lot of a Rochester Chick-Fil-A.
RELATED: Chick-Fil-A shooting trial begins with testimony from victim’s parents – ABC 6 News – kaaltv.com
RELATED: “Road Rage” murder trial continues – ABC 6 News – kaaltv.com
His sentencing was scheduled for 1:30 p.m. Monday, Oct. 7.
On October 3, Gutierrez’s defense entered a motion requesting a “downward departure,” or lighter sentence than can usually be levied for a murder conviction.
The defense requested a probation term with 365 “conditional days in custody,” or a 48-month sentence.
MN Sentencing Guidelines recommend between 128 and 180 months for an unintentional 2nd-degree murder conviction — with a usual sentence of 150 months, or about 12.5 years.
Judge Lisa R. Hayne rescheduled the sentencing for 10 a.m. Monday, Oct. 28.