Man could be deported for gunning down man 30 years ago; won't spend any time in prison
Richard Franklin, convicted this week of manslaughter for the 1979 death of Gregory McDavid, can't be sent to prison because he's already earned enough "good time" credits in a secure psychiatric facility to warrant his immediate release, the Suffolk County District Attorney's office says.
However, Immigration and Custom Enforcement has begun deportation procedings against Franklin, now 47 and a native of Jamaica, for putting a bullet into McDavid, ending the 30-year-old father's life, the DA's office adds.
In 1995, Franklin confessed killing McDavid to a community service officer in the Brockton housing development where he then lived. However, he was deemed unable to stand trial and was instead put in a psychiatric lockup until 2005, when he was deemed competent enough to face charges.
At his trial, prosecutors said Franklin originally intended to rob McDavid, whom he believed to be a drug dealer, but that when he went up to McDavid's car, he instead shot the man, who managed to get into a nearby apartment building before collapsing.
Dawn McDavid-Bauman, only 8 when her father was killed, addressed the court. The DA's office provided a summary of her statement:
"I would like to begin today by telling you all about my father: All his likes and dislikes, all his hopes and dreams, all the many memorable times we shared. But I can't. I can't because, somehow, in my mind, my life mostly begins the day he was killed.
"It seems like a very unfair trick for my mind to play, but almost all the happy times we must have shared before that day seem to be beyond my reach. However, I can still remember the day he was killed like it was yesterday.
"Mr. Franklin, a complete stranger to my family, taught us a lesson that day back in 1979. Fear is what you taught us. Fear of life, because of its lack of stability and the sadness it can hold; fear of death, because we know how suddenly and unexpectedly it can enter your life. And, as strange as it may sound, fear of happiness."