“In looking at the facts of Mr. Rojano’s case, the manner in which this offense was committed is not typical of a predatory, violent brutal sodomy of a child case,” the judge claimed in his decision.
“Mr. Rojano did not seek out or stalk (the victim).
“He was playing video games and she 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.”
Kelly also said that Rojano, who had been abused as a child, deserved clemency because he said he regretted sodomizing the three-year-old girl.
“Although serious and despicable, this does not compare to a situation where a pedophilic child predator preys on an innocent child,” the judge claimed.
“There was no violence or callous disregard for (the victim’s) well-being.”
Prosecutors said they strongly disagreed with the judge’s “outrageous” decision to reduce Mr. Rojano’s prison sentence and plan to appeal the sentence.