Jose Gutierrez (2022)

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Overview

On December 17, 2022, Hialeah Florida Police Department officers Lorenzo Orfila and Rafael Otano were dispatched to a business on a disturbance call. Orfila located Gutierrez, handcuffed him, and put him in the patrol car. The officers drove to an isolated location outside of their service area and beat Gutierrez until he was unconscious.[1]

When Gutierrez woke up, he was no longer handcuffed and the officers had left. Gutierrez met a man, who called 911.[1]

Orfila asked another officer to mark the original call as "no report".[1]

The Miami-Dade State Attorney stated that surveillance video showed no reason for Gutierrez to have been taken into custody.[1]

On January 26, 2023, Orfila and Otano were fired.[1]

On January 26, 2023, Orfila and Otano were charged with battery and kidnapping by a law enforcement officer. Orfila was also charged with official misconduct by a public servant.[1] The officers face up to life in prison if convicted.[2]

On August 29, 2023, a jury found Otano guilty of armed kidnapping and not guilty of battery. Otano faces up to life in prison when sentenced.[3]

On November 1, 2023, Otano was sentenced to 66 months in prison, followed by five years of probation.[4]

Video

The officers did not activate their body-worn cameras during the incident. Part of the incident was captured on surveillance camera video.[1]

Officers Involved


Official Reports

Additional Sources

References

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 Amanda Batchelor, 2 Hialeah police officers accused of beating handcuffed homeless man until he was unconscious, local10, 2023-01-26
  2. ↑ Liane Morejon, Man’s trial begins for crimes prosecutors say he committed while working as Hialeah police officer, Local10, 2023-08-21
  3. ↑ Liane Morejon, Jury finds former Hialeah cop guilty of armed kidnapping, not guilty of battery, Local 10, 2023-08-29
  4. ↑ Hunter Geisel, [https://www.cbsnews.com/miami/news/ex-hialeah-officer-rafael-otano-sentenced-66-months-for-kidnapping-homeless-man/ Ex-Hialeah officer Rafael Otano sentenced 66 months in prison for kidnapping homeless man ], CBS News, 2023-11-01

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