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Ex-Hialeah Police Officer Rafael Otano was sentenced Wednesday to 66 months in state prison and five years' probation after being convicted of the armed kidnapping of a homeless man.
The defense asked Judge Andrea Wolfson to "temper justice with leniency and compassion" and impose a lighter sentence than required by law.
Defense attorney Michael Pizzi asked for no jail time and 36-months' probation. Character witnesses including his mother called Otano a kind, caring family man with a two-year-old son.
Ultimately, the judge sentenced Otano to
Otano was not found guilty of beating the victim, Jose Ortega Gutierrez in August. Otano and another officer were accused of beating Gutierrez and leaving him injured in a remote area where another officer found him.
Defense attorney Michael Pizzo told the judge that Otano had a minor role in the incident and, "It's time to send this kid home."
The judge found that Otano did not play a minor role in the incident.
The prosecution argued that Otano is "not a kid, he is a grown 27-year-old man" and asked the judge to adhere to the sentencing guidelines of 66-months up to life in state prison.