A 28-year-old Rochester man has been sentenced for his role in a road rage shooting that killed a man outside a Chick-fil-A in February 2024.

An Olmsted County judge handed down a 75-month prison sentence, which will be stayed for five years, to Jose Gutierrez Ojeda on Tuesday. His sentencing is a downward departure from guidelines. He must serve 77 more days of jail time, but it can be served on work release if the state determines he is eligible. Once released from prison, Gutierrez Ojeda will be on probation for five years.

Gutierrez Ojeda pleaded guilty to one felony count of aiding an offender in February. He was driving a Nissan with his brother, Isaac Gutierrez, as a passenger on Feb. 3, 2024, according to the criminal complaint. 

When Gutierrez Ojeda tried to back into a parking spot, he blocked a driver in a Chevrolet Suburban. Gutierrez Ojeda drove a short distance and a man driving the Suburban followed before both drivers stopped and left their vehicles.

Another man got out of the Suburban, and a fight ensued. During the altercation, Gutierrez got out of the Nissan and shot the man driving the Suburban in the head, charges said. He was hospitalized and later died.

Authorities identified Gutierrez and Gutierrez Ojeda using witness statements and surveillance video.

Gutierrez was sentenced to 60 months in prison for second-degree murder in October 2024.

Additional charges against Gutierrez Ojeda, including one count each of second-degree assault with a dangerous weapon, making terroristic threats with reckless disregard for risk and aiding an offender after the fact, were dropped as part of a plea deal. 

Note: The video above originally aired Nov. 12, 2024.