MORRIS – About a year after a woman was sexually assaulted and a wrong arrest made, the actual assailant was sentenced to 12 years in prison.
Francisco Xolio, 36, of Morris, pleaded guilty to two counts of aggravated criminal sexual abuse and was sentenced Tuesday to six years in the Illinois Department of Corrections for each count to be served consecutively. He is receiving credit for 238 days he’s already served.
He also has to register as a sex offender for life.
“We expect the defendant, at the end of his sentence, to be deported after he serves his time,” Grundy County Assistant State’s Attorney Mike Quinlan said Thursday.
Morris police took a report of sexual assault on May 15, 2013, from a then-36-year-old female. The incident was reported to have occurred about 10 p.m. in a wooded area near the 1000 block of Park Boulevard, behind Morris Community High School.
Based on the investigation at the time, a different man was arrested, but he was released after DNA evidence cleared him of the crime.
Shortly after the crime occurred, Xolio was incarcerated on unrelated charges. DNA evidence later connected Xolio to the crime against the woman.
Xolio was indicted in September on four counts of aggravated criminal sexual assault and two counts of criminal sexual assault. He pleaded guilty to two counts of aggravated sexual abuse through a plea agreement.
“The victim was present for the plea and took part in negotiations,” Quinlan said.
That first man arrested was Ryan Johnson Jr., who was 20 at the time of his arrest May 24, 2013, on sexual assault charges. Johnson pleaded not guilty, and was released July 31 when DNA results were returned.
At a news conference in August 2013, Grundy County State’s Attorney Jason Helland said Johnson was arrested based on “credible evidence.”
Shortly after the crime, Xolio was arrested for threatening a public official, Quinlan said. Because of this charge, his DNA was in the system. He was still in custody when DNA results were returned regarding the sexual assault case.
“If we hadn’t charged him [with threatening a public official], we wouldn’t have been able to link him to this case,” Quinlan said.