Rochester, MN (KROC-AM News) - The man convicted of murdering a Rochester man at a local shopping center earlier this year has been sentenced to 5 years in prison.

The prison sentence imposed on 20-year-old Isaac Gutierrez is far shorter than what is called for under state sentencing guidelines. He was convicted of second-degree on intentional murder during the trial that ended August 1. State guidelines call for a sentence ranging from just over 10 years to 15 years behind bars with a presumptive sentence of 12.5 years.

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Gutierrez was arrested in early February after he fatally shot 24-year-old Osbel Orneals in the back of the head while the victim was fighting with Gutierrez's older brother in the parking lot at the Crossroads Shopping Center outside the Chick-fil-A restaurant. The criminal complaint says witnesses reported the fight broke out after the two men got into a dispute over a parking space.

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The court document says the police officers who responded to the scene found Orneals lying on the pavement before he was transported to Saint Mary's Hospital, where lifesaving measures proved unsuccessful. Isaac and José Gutierrez Ojeda were still at the scene when the officers arrived and they claimed they were acting in self-defense.

Jose Gutierrez Ojeda. Olmsted County ADC photo
Jose Gutierrez Ojeda. Olmsted County ADC photo
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Isaac Gutierrez was originally charged with both second-degree intentional and unintentional murder, along with second-degree assault with a dangerous weapon. The assault charge was dismissed and the jury that heard the case acquitted him of the intentional murder count.

José Gutierrez Ojeda was charged with second-degree assault, felony terroristic threats, and aiding an offender. His case is still pending and he is scheduled to appear in court for an evidentiary hearing next month.

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