Appeals court: Convicted killer must be re-sentenced in 2021 Lorain slaying

A convicted killer serving prison time for a murder in Lorain in 2021 is likely to get up to three more years added to his sentence after a successful appeal of his sentencing by the Lorain County Prosecutor's Office. Following a trial in Common Pleas Court in June 2022, a jury convicted Sebastian Fleckenstein of Elyria of murder, involuntary manslaughter, felonious assault, discharging a weapon on or near prohibited premises, tampering with evidence and having weapons under disability, firearms specifications and repeat violent offender specifications. The following month, Visiting Judge Thomas Pokorny sentenced Fleckenstein to serve at least 18 years in prison before he is eligible for parole. Pokorny stood in for then-judge Mark Betleski, who was out on medical leave. The jury found that Fleckenstein shot and killed 29-year-old Heriberto Sanchez in July 2021 on Apple Avenue in Lorain. Fleckenstein appealed his conviction, claiming his due process rights were violated; that Pokorny didn't instruct the jury that self-defense is a defense for being a felon in possession of a firearm; that there wasn't enough evidence to convict him of the charges; and that his trial lawyer was ineffective, among other arguments. The 9th District Court of Appeals in Akron rejected all eight of Fleckenstein's claims in a unanimous decision handed down Dec. 4. The Lorain County Prosecutor's Office also appealed Pokorny's sentencing. Prosecutors successfully argued that the judge failed to give Fleckenstein consecutive prison terms for the two most-serious firearms specifications of which he was convicted. Under Ohio law, Pokorny "was required to impose a three-year sentence for each of Mr. Fleckenstein's two most serious specifications and run those terms consecutively," Judge Jill Flagg Lanzinger wrote, ordering the case sent back to Common Pleas Court for resentencing. Fleckenstein, now 25, is scheduled to appear in Judge Melissa Kobasher's court for resentencing on Jan. 8, according to court records. Arrested 11 days after the killing, Fleckenstein claimed self-defense, but Lorain police didn't find any guns on Sanchez, in his car or near his body, according to the appeals court. The appeals court also noted that Fleckenstein bragged about the killing in social media messages before hiding his phone in an attic and asking someone else to destroy it. He also filmed himself driving past a memorial service for Sanchez, and posted the video to social media with the note "Stay dangerous" and a broken heart emoji, according to the appeals court. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com.