State appeals shortened sentence for Chick-Fil-A shooter; brother appears in court

Isaac Gutierrez (left) and Jose Gutierrez-Ojeda (right) / Olmsted County ADC
(ABC 6 News) – The State of Minnesota and Olmsted County Attorney’s Office are appealing a judge’s decision to give a 2nd-degree murderer a 5-year prison sentence.
On Oct. 28, Olmsted County Judge Lisa R. Hayne sentenced Isaac Gutierrez to 5 years for the 2nd-degree murder–without intent — of Osbel Ornelas.
Gutierrez had shot Ornelas during a fight in a Rochester Chick-Fil-A parking lot, when he took his brother Jose Gutierrez’s gun out of a car to assist in the fight.
RELATED: Isaac Gutierrez receives 5-year sentence in Chick-Fil-A shooting – ABC 6 News – kaaltv.com
A week later, on Nov. 6, the MN Court of Appeals filed a notice that Olmsted County’s attorney was appealing the sentence.
Gutierrez’s defense had requested probation only. The usual sentence for 2nd-degree murder is around 12 years, according to court documents.
Hayne had split the difference and granted Isaac Gutierrez a downward departure, or comparatively light sentence, based on his age, remorse, and Ornelas, the victim’s alleged part in instigating a fist fight.
“Mr. Gutierrez, in my heart I don’t want to send you to prison,” Hayne said, according to court transcripts. “If you would have had a court trial I would have come to the same conclusion as your jury — that you did not intend to kill or even shoot Osbel Ornelas that day.”
Jose Gutierrez-Ojeda court update
Jose Gutierrez-Ojeda appeared in Olmsted County Court Jan. 15 for an omnibus hearing. He is scheduled to appear for a plea hearing Feb. 20.
Gutierrez-Ojeda, Isaac Gutierrez’s brother, was charged with 2nd-degree assault, terroristic threats, and two counts of aiding an offender after allegedly telling police he had shot Ornelas.
RELATED: Rochester residents react to weekend shooting – ABC 6 News – kaaltv.com
Gutierrez-Ojeda appeared in Olmsted County Court Jan. 15 for an omnibus hearing. He is scheduled to appear for a plea hearing Feb. 20.