MIAMI – A Miami-Dade judge sentenced former Hialeah police officer Rafael Otano to 66 months in state prison Wednesday following his August conviction for armed kidnapping.
The conviction, which could have landed the ex-officer behind bars for life, stemmed from the detention, beating, and cover-up on Dec. 17 of a homeless man, Jose Ortega-Gutierrez.
Otano was found not guilty of battery in his August trial. The former officer’s co-defendant, Lorenzo Orfila, has not yet stood trial; he has a court hearing scheduled for December.
Both officers were fired following their arrests.
Otano’s attorneys argued for a “motion of downward departure” during Wednesday’s hearing, trying to convince the judge to depart from sentence guidelines and give the former officer a more lenient penalty.
Loved ones testified on his behalf.
“Please let him come home to me and my baby,” his wife said through a Spanish interpreter.
Judge Andrea Wolfson declined that motion, saying she did not believe Otano, who appeared shaky and sad while testifying Wednesday, had any remorse for what happened, saying he only regretted getting caught.
“That desire to terrorize this victim was so great. And then there were the cover ups,” she said. “I do not believe Mr. Otano has remorse for what occurred in this case. I believe that the regret that he has indicated is a regret of having been caught.”
She called Otano’s actions “an extremely egregious betrayal of the public trust,” sentencing him to five years probation in addition to 66 months behind bars, saying she was following her heart and the law.
Otano’s attorneys have previously stated they intend to appeal the verdict and reiterated their intention Wednesday.
Miami-Dade State Attorney Katherine Fernandez Rundle, whose office prosecuted the case, released a statement regarding the Wednesday afternoon:
“Today’s sentencing of former Hialeah Police Officer Rafael Otano marks a sad day for the Hialeah Police Department and for the entire Miami-Dade law enforcement community. When the jury convicted Otano of the armed kidnapping of a homeless man intended to’ teach him a lesson’, it sent out the strongest message possible that this community is a community of laws which govern us all.
Our police officers, who spend every day protecting our community, all understand that one cannot uphold the values of our laws while engaged in actions which violate the law itself.”
Coverage of trial
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