Judge resentences Jose Rockiett to original 25-year prison term

A judge resentenced Jose Rockiett to the same sentence of 25 years but with the possibility of being parole after serving seven years — the mandatory minimum sentence.

Sixth Judicial District Judge Christopher Bruns said Rockiett, now 23, of Cedar Rapids, who was a juvenile when he robbed two people and attacked a police officer in 2009, hadn't been rehabilitated at this time and 'is not well on his way to being rehabilitated. He said it was in his 'best interest' and those of society to continue his confinement for the mandatory seven years before being eligible for parole.

Bruns pointed out Rockiett's disciplinary reports since he had been in prison were concerning to him. The reports included verbal abuse of correctional staff, disobeying authority, intimidating statements to an officer and testing positive for marijuana. Two of the incidents happened after Rockiett completed workshops or groups that were cited as helping him rehabilitate.

Bruns considered the nature and circumstances of the offenses and history and characteristics of the defendant that must be considered for juvenile offenders according to the Miller decision and they support the original sentence imposed. He said the original sentence was illegal because it didn't consider those mitigating factors.

Rockiett asked the court last month to eliminate the mandatory minimum because he was 17 when the crime was committed. He was convicted of two counts of second-degree robbery and one count of each of willful injury and interference with official acts. He was sentenced to 25 years.

Rockiett robbed two men and attacked a police officer Tim Davis who responded to the robbery March 29, 2009. Rockiett hit Davis in the head with a BB-gun, which resulted in a severe head trauma.

In a hearing last month a prosecutor and Davis asked the judge not to reduce Rockiett's sentence.

Davis told the judge last month Rockiett's 'poor choices' changed his life forever and harmed not only him but his former wife and two sons. His ability to care for his children was questioned, and his marriage fell apart.

The head injury also impacted his professional career and some considered him 'unfit for duty,' he said.

Rockiett apologized to Davis, his family and the other victim, David Scanlon, who was robbed and assaulted by Rockiett. He said he wanted to become a better man.

Linn County Attorney Jerry Vander Sanden asked the judge to consider all information in the case, including the presentencing report, the victims' impact statements and Rockiett's progress report from being in prison five years.