The defendant who received a lighter-than-usual sentence for sexually assaulting a 3-year-old girl, igniting a recall effort against the Orange County Superior Court judge who doled out the punishment, told probation officials he was the product of a “one-night stand,” that his father would beat him and that he was happiest serving in a Junior Reserve Officers’ Training Corps in high school, according to court records obtained Friday.
Kevin Jonas Rojano-Nieto, 20, told probation officials he was having “sexual thoughts” when the 3-year-old girl, to who he is related, wandered into the garage of his Santa Ana residence where he was playing video games on June 4, 2014. He added that he “zoned out” when he sodomized the toddler.
“The defendant almost immediately realized what he was doing and stopped,” according to the report probation officials prepare for sentencing. “He related he accepts responsibility for his actions and regrets harming the victim.”
The defendant said he was a “virgin,” and that he would view adult pornography online about two or three times a week. He said he did not like drinking and got drunk once at one of his mother’s parties when he was given drinks he did not realize had booze in them.
“I was in the garage playing video games and my mom told a hot girl to come get me from the garage, and they gave me a drink,” he wrote in the report. “It smelled like Monster energy drink, and they all told me to drink it, so I did. Twelve cups later I was wasted. They added some alcohol in the cup beforehand. I was angry towards my mother for getting me drunk.”
He admitted to regularly smoking marijuana about twice a week for six months when he was 16 and he broke up with a girlfriend.
Rojano-Nieto had some harsh words for his mother, calling her dishonest and manipulative in his interview with a probation officer, but she came to his defense and argued for leniency to Kelly earlier this year.
The mother told the judge in a hearing in February that she loves the defendant “very dearly as I love all my children,” despite the fact that the assault has proven, “not only extremely difficult, but utterly devastating for me and my family to fully come to terms with.”
The mother also said she was inspired by her son’s turn to religion while in custody. She said that the defendant “has allowed God into his heart and has committed himself to God’s guidance. Following Kevin’s example will allow us to tie the loose ends and to stop the devastating ripple effects of this tragedy.”
The defendant told probation officials he has become a “newborn Christian” and has “given his life to God,” while in jail.
The mother said her son was “ripped away from me” when he was younger, but that when he returned to live with her and the defendant’s step father in his senior year of high school that he “became a happy and caring young man.”
According to the probation report, the defendant’s father did not know his son existed until the boy was four years old and the mother told him.
“At that time, the defendant’s mother agreed to allow the defendant to reside with his father for one year,” according to the report.
The defendant remained with his father after that year in Texas and Georgia until he was 15.
“His mother did not fight for custody, as she was an undocumented alien and feared being deported,” according to the probation report.
Rojano-Nieto wrote in the report that he “grew up OK, was hit by my dad a lot, some from my sister and brother.”
The defendant said he had trouble paying attention in school and racked up “many detentions… I was a very bad kid, said many cuss words, hit people, never listened.”
He said his relationship with his parents “is not very good. I got a father with a very short fuse (anger problems). As I said, my father abused me as a kid as in excessive punishment, ear pulling, hair pulling, hit with sticks, broom, once with a pole, and belts below on my knee in the back.”
Rojano-Nieto said his relationship with his mother was lacking as well.
“She, as my father says, is manipulative, and a very good liar. She always blames my father for everything, and she really never takes care of her kids. They do what they want while my mother watches Spanish dramas almost all day.”
He kept in touch with the step mother who cared for him growing up even after his father parted ways with her. He had kind words for his mother’s current husband, pointing out that he would take him and his siblings out to the movies and helped with homework.
An aunt, uncle and step sister wrote testimonials on the defendant’s behalf for the probation report.
“He is honest, kind, obedient, very respectful, and always thinks of others first,” his uncle said.
They said he had trouble communicating with others and would benefit from counseling.
Today, his family issued a statement through the Orange County District Attorney’s Office asking reporters to back off.
“We would like to say thanks for the public’s concern regarding our case. However, the hardships brought about by this unfortunate event have already caused unspeakable amounts of pain and suffering to our family. While we understand that the public’s opinion is genuine and well-intended, the media outbreak is increasing the already unbearable burden of pain and suffering on our family. It is for this reason that we would like to kindly and respectfully request that the media help ease our suffering by respecting our privacy and directing any questions or concerns to the Office of the Orange County District Attorney. We are grateful for your understanding.”
The defendant said he wished he had joined the military.
“I only wish I did” enlist, he wrote. “Nobody supported me to go to military. They would just say things to lower my self-esteem, so I wouldn’t join, but I did do a program in high school — JROTC — for Army. I really was at my happiest then.”
Kelly sentenced the defendant to 10 years in prison and allowed various family members a chance to hug him before he was led away by courtroom bailiffs. The state-mandated minimum sentence for the crimes he was convicted of is 25 years to life in prison. The maximum was 33 years to life in prison.
— City News Service