Fast Food Manager Sentenced to 120-months in Prison for Criminal Sexual Conduct

Tuesday, January 14, 2020

A Maple Grove man who worked as a manager at McDonald’s has been sentenced to 120 months in prison for sexually assaulting a 14-year-old girl who worked at the restaurant, Hennepin County Attorney Mike Freeman announced Tuesday. Prosecutors were seeking 144 months.

Andrew Otero Albertorio, 25, pleaded guilty on Nov. 25 to one of the four charges against him, though, no agreement was made on his sentence except that it would be between 90 and 144 months. On Monday, Hennepin County District Court Judge Jeannice Reding sentenced him to 120 months for first-degree criminal sexual conduct.

The 120-month sentence is less than the minimum 144 months under the Minnesota State Sentencing Guidelines. Judge Reding gave several reasons for departing below the minimum, stating “the crime is less onerous than usual,” and that “there was a limited supervisory role, no predatory action.” Judge Reding also said, “there was some sense of a relationship on behalf of the suspect and victim.”

Assistant Hennepin County Attorney Rachel Kraker argued for 12 years in prison, stating that the victim was working under the authority of Otero Albertorio as manager: “We see not only that he was in that position, but he used that authority for his own sexual purposes.” Kraker also stated that Otero Albertorio did not exhibit remorse throughout the case.

In court Monday, Otero Albertorio apologized for the harm done to the victim and her family.

According to the criminal complaint, the victim began working at McDonald’s in the summer of 2018 and Otero Albertorio was her night manager. Otero Albertorio discussed having sex with her throughout her employment, but she told him she did not want to. In December, Otero Albertorio cornered her in the cooler at the restaurant, where the victim stated she felt pressured into a sexual act. Over the next month, Otero Albertorio had sex with her in numerous locations.

Andrew Otero Albertorio Criminal Complaint (PDF)