Rochester, MN (KROC-AM News) - The brother of a man convicted of a fatal shooting in Rochester last year has avoided a prison sentence for his felony conviction stemming from the death of 24-year-old Osbel Ornelas.

Twenty-eight-year-old José Gutierrez Ojeda was sentenced this afternoon on a charge of aiding an offender. He entered into a plea agreement in February and admitted to the charge in exchange for the dismissal of second-degree assault, terroristic threats, and another count of aiding an offender.

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He and his brother, 21-year-old Isaac Gutierrez, were arrested in February 2024 after Rochester police responded to a report of a shooting in the parking lot at the Crossroads Shopping Center in Rochester. Ornelas was shot to death during what investigators say started as a parking dispute.

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The criminal complaints against the two brothers say they claimed the shooting was an act of self-defense, but the victim died from a gunshot wound to the back of his head. Isaac Gutierrez was accused of being the shooter and was convicted of second-degree murder. He is now serving a five-year prison sentence, far below the 10- to 15-year term recommended by state sentencing guidelines.

Minnesota Department of Corrections photo
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Gutierrez Ojeda was accused of participating in the fight that led to the shooting, and the criminal case indicates he falsely claimed he was the shooter.

He has been given a stayed 75-month prison sentence and placed on probation for five years. Gutierrez Ojeda has also been ordered to serve a three-month jail term, with credit for 13 days already served.

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