Lorain man sentenced in 2020 home invasion that killed fellow robber

A Lorain man has been sentenced to a minimum of 2½ years in prison after pleading guilty to his role in a deadly home invasion more than two years ago. Fabian Gonzalez, 21, was sentenced Friday in Lorain County Common Pleas Judge James Miraldi's courtroom. He pleaded guilty to involuntary manslaughter, aggravated robbery, attempted aggravated robbery and two one-year firearms specifications in August. Attorney Michael Stepanik, whose firm handled Gonzalez's defense, said his client will be eligible for judicial release after serving a minimum of 2½ years in prison. Gonzalez can then petition Miraldi to let him out of prison. If Gonzalez doesn't get into trouble in prison, "it's our hope that's what Judge Miraldi will do," Stepanik said. If he does get into trouble, Gonzalez could serve an additional four to six years on the underlying charges based on the agreement reached at the time of his plea in August. Gonzalez was initially charged with murder, aggravated robbery and aggravated burglary in 2021. He and Paulino Xolo-Kile, also of Lorain, were charged after an attempted home invasion led to the death of another man, 18-year-old Francisco Smith Jr., who had gone with them to rob another man on May 29, 2020. Gonzalez, Smith and Xolo-Kile went to a house in the 1500 block of West 24th Street in Lorain that day to rob the homeowner. The man scared the teens off once, but they went back. When they did, the man shot Smith in the head and he died the next day at Mercy Health Hospital in Lorain. Gonzalez, then 18, and Xolo-Kile, who was 16, ran away but they were quickly identified by Lorain police and arrested. The homeowner was not charged. Ohio law says anyone causing the death of another person as a result of committing or attempting to commit a violent first- or second-degree felony can be charged with that person's murder. This is sometimes called the "felony murder" rule. Xolo-Kile, who turned 19 this month, pleaded guilty to amended charges of attempted murder, aggravated robbery and attempted aggravated burglary in July. Miraldi sentenced him to six to eight years in prison in August. A murder charge was dismissed and Xolo-Kile received credit for 461 days already served in custody awaiting trial. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com. Follow him on Twitter @DaveOBrienCT.