A former Hyallea police officer accused of abducting a homeless man, took him to an isolated place and then beats him, tried, but failed to receive his abduction fee – the most serious number he was confronted with – he dropped out.
On Wednesday, Lorenzo Orfila appeared in court with his family to argue with his lawyers that he was legal immunized by a prosecution for abduction under the Florida law.
Orphila, along with his then -assistant former officer Rafael Otano, were arrested for abduction and battery fees in early 2023.
The incident included Jose Ortega-Guttheres, a homeless man who is known to drink very close to Los Tres Conejitos, a Hyalea Bakery.
The bakery staff, called 911, claiming that the man is an annoying client, telling them that business food has poison. The employees arrived on the spot and arrested Ortega-Gutieres.
However, GPS data show that after the officers put the man in handcuffs, they boarded their patrol cars to an isolated place – not in the county prison where the defendants usually give up – to beat him.
After listening to all the evidence, the jurors found a guilty of aggravated abduction of Ortega-Gutieres, but justified him for beating him or a battery. Judge Andrea Wolfson sentenced Otano to 66 months in prison in November 2023.
Orfila, which faces an additional attempt at a formal violation fee, at the top of the abduction and battery, hopes to have a different result from Otano.
Orphila hoped his prosecution for abduction would be rejected by a judge, as a judicial part of the fundamental requirement necessary to prove the prosecution.
The basic requirement for abduction is evidence of a false imprisonment, “which Florida law defines both in abduction and in the false law of imprisonment as a violent or secret to restrict, abduction or imprisonment” without legitimate powers “,” They explained the lawyers of the defense, therefore the Orphil’s allegations that he had this “legal body” or a probable reason to arrest Ortega-Guttresses for The incident with the bakery.
“Orphila is immunized by the prosecution because there was a probable reason” to argue for the initial arrest of the lawyers, therefore the allegation of abduction will collapse.
Judge Wolfson, however, did not agree with the defense lawyers and ruled that none of the employees on that day had no probable reason to arrest Ortega Guetres for breach of behavior, nor had a threat, as defense lawyers tried to claim.
Defender Ben Caen says he plans to appeal the judge’s decision.
“If we are prevalent (in appeal) as we expect, the orphila will not go to a lawsuit for abduction … We doubt there will be a smaller crime process because we see what they did the jury (we found it guilty of the beating) in the case of G -n Otano, “said Kanene.