Judge delays murder sentencing, needs more time
(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.
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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.