A South Florida family says they are outraged after learning the man now convicted of kidnapping their 6-year-old will serve just three years in prison under a plea agreement offered by the Miami-Dade State Attorney’s Office.

The case stems from an incident that happened nearly two years ago in Miami, when police say Jose Martinez approached then 6-year-old Jake Rivera outside his home near the 1300 block of Northwest 79th Street.

Surveillance video captured the encounter. According to investigators, Martinez began playing soccer with the child and even offered to buy him a toy in order to gain his trust before taking him away.

At the time, the boy described the moment he agreed to go with Martinez to NBC6. 

“He came up to me and said, ‘Do you want to come with me?’ And I said, sure,” Rivera told NBC6. 

Authorities said the child was taken from the area but was later found safe more than a mile away after his older brother pulled him away to safety. Martinez has remained in jail since his arrest.

A man is facing charges after police said he kidnapped a 6-year-old boy as he was playing soccer in his front yard in northwest Miami-Dade over the weekend. NBC6’s Lena Salzbank reports

3 years in prison 

Now, nearly two years later, Martinez accepted a plea deal offered by the Miami-Dade State Attorney’s Office, which includes three years in state prison followed by 10 years of probation. 

During a court hearing, Martinez pleaded guilty to one count of kidnapping and one count of interference with custody of a child. 

Martinez must also complete a mental health and substance abuse evaluation and get treatment, if needed. 

Child’s family wanted more prison time

The child’s grandmother, Aurora Velasquez, said she strongly disagrees with the outcome.

“For me, the State Attorney’s Office did not do a good job,” Velasquez said.

Velasquez said she learned about the plea deal through NBC6 and claims prosecutors never informed the family beforehand. She said they would have wanted Martinez to face a longer prison sentence.

“How are they going to let that man back out on the street?” she said.

Alfredo Velasquez, the child’s cousin who had been in contact with prosecutors since the incident, told NBC6 the family was not given a heads-up about the time they were offering or that the deal would be accepted Friday. 

“He should just be in state prison for all his life because these are children,” he said. “We should set an example to this person that has done this to a child and done to this family. I don’t agree with their decision.”

Why 3 years in prison? 

In response to the family’s claims, the Miami-Dade State Attorney’s Office told NBC6 that the plea had been consulted with the family, and there was no indication of having an issue. 

In a close-out memo provided to NBC6, Assistant State Attorney Lily Wisset explained her office extended a plea offer because the state would have had “significant challenges in proving to a jury” some of the elements of kidnapping beyond a reasonable doubt. Including “that the Defendant forcibly or secretly took the victim” and “that the Defendant intended to commit a felony or terrorize the victim.”

The prosecutor added that Martinez provided a psychosexual evaluation and risk assessment, “which concluded that the Defendant did not exhibit sexual interest in children, or any other psychosexual disorders.”

On Friday, Martinez accepted the offer and was ordered to stay away from Rivera once he gets out of prison.

However, because of this conviction, Martinez, who is not a U.S citizen, could face deportation. 

“I want him to get deported,” Aurora Velasquez said.