Hialeah Cop Accused of Kidnapping Homeless Man Claims He is ‘Immune’ from Criminal Prosecution
A former Hialeah police officer accused of kidnapping a homeless man, taking him to an isolated location, and then beating him, tried, but failed to get his kidnapping charge – the most serious count he faces – dropped.
The Incident
On January 26, 2023, Lorenzo Orfila, along with his then co-worker ex-officer Rafael Otano, were arrested on kidnapping and battery charges. The incident involved Jose Ortega-Gutierrez, a homeless man known to drink a lot near Los Tres Conejitos, a bakery in Hialeah. The bakery staff called 911 claiming the man was annoying customers by telling them the business food had poison. The officers arrived on scene and arrested Ortega-Gutierrez. However, GPS data showed that after the officers placed the man in handcuffs, they drove in their patrol cars to an isolated location – and not the county jail where defendants are normally dropped off – to allegedly beat him up.
The Trial
After hearing all of the evidence, jurors found Otano guilty of aggravated kidnapping Ortega-Gutierrez but acquitted him of beating him up or battery. Judge Andrea Wolfson sentenced Otano to 66 months in prison in November 2023. Orfila, who is facing an additional attempted official misconduct charge, on top of the kidnapping and battery, is hoping to have a different outcome than Otano.
Orfila’s Defense
Orfila was hoping his kidnapping charge would be dismissed by a judge, by litigating part of the foundational requirement needed to prove the charge. A foundational requirement of kidnapping is evidence of false imprisonment, which Florida law defines in both the kidnapping and false imprisonment statutes as the forcible or secret confining, abducting, or imprisoning of person ‘without legal authority.’ Defense attorneys explained that Orfila claims he did have that "legal authority" or probable cause to arrest Ortega-Gutierrez for the bakery incident. "Mr. Orfila is immune from prosecution because there was probable cause," to make the initial arrest, defense attorneys argued, therefore the kidnapping charge would collapse.
Judge’s Ruling
However, Judge Wolfson disagreed with the defense attorneys and ruled none of the officers that day had probable cause to arrest Ortega-Gutierrez for disorderly conduct nor was there any threat, as defense attorneys tried to claim.
Appeal
Defense attorney Ben Kuehne says he plans to appeal the judge’s ruling. "If we prevail (in appeal) as we expect to, Mr. Orfila will not go to trial for kidnapping…we doubt there will be a trial for the lesser crimes because we see what the jury did (found him not guilty of the beating) in Mr. Otano’s case," Kuehne said.
Conclusion
Orfila’s attempts to have his kidnapping charge dropped failed, and he will now face trial on the remaining charges. The outcome of his case will be closely watched, as it has raised concerns about police misconduct and the treatment of homeless individuals.
Frequently Asked Questions
- What was the incident that led to the arrest of Lorenzo Orfila and Rafael Otano?
The incident involved a homeless man, Jose Ortega-Gutierrez, who was arrested by the officers for allegedly being disorderly at a bakery. However, GPS data showed that the officers took him to an isolated location, where he was allegedly beaten. - What was the outcome of Rafael Otano’s trial?
Otano was found guilty of aggravated kidnapping and sentenced to 66 months in prison. - What is Lorenzo Orfila’s defense strategy?
Orfila is claiming that he had probable cause to arrest Ortega-Gutierrez, and therefore, he is immune from prosecution. - What is the next step in the case?
Orfila’s defense attorney plans to appeal the judge’s ruling, and if successful, Orfila will not face trial for kidnapping.
