Noel Francis walks free after time served
Posted Oct 27, 2017 06:54:32 PM.
This article is more than 5 years old.
A man charged with murder in a Kitchener shooting from five years ago is walking free after time served.
Two days ago, 30-year-old Noel Francis was on trial for first degree murder in the death of Devane Campbell from Brantford. Yesterday, he pleaded guilty to manslaughter, ending his murder trial. Today, he’ll be at home with his kids.
The first thing Francis did when he got out of the prisoner’s box was embrace his 4-year-old daughter.
“It’s probably the most amazing feeling ever,” Francis told reporters outside the Regional Courthouse.
The Crown and defence put forward a joint submission recommending Francis be sentenced to four years plus a day of time already served on the lesser charge of manslaughter.
The Crown originally alleged Francis shot and killed Campbell during the planned robbery of a Kitchener townhouse back in November of 2012. But an agreed statement of facts says Francis only endorsed the robbery, and there was no forensic evidence linking him to the scene of the crime.
Defence lawyer Chris Murphy says he thinks the end result was just.
“Mr. Francis’s plea to what his responsibility was is even more admirable because the Crown’s case was nearly nonexistent,” says Murphy. “Two days ago the Crown’s position was that Mr. Francis should receive a life sentence for first degree murder, and today he’s standing on the steps with his daughter.”
Justice J.P. Flynn told court if there was one iota of evidence that Francis had any other involvement in the shooting death of Campbell, he would have rejected the submission. Flynn continued to say the Crown’s case “crumbled” and that an acquittal was a real possibility.
Murphy says going forward with the murder trial wasn’t worth the risk.
“The truth came out today. Mr. Francis acknowledged his limited role in this,” he says, “and at the end of the day, justice was done.”
Francis adds taking the plea was the right thing to do.
“I wanted it to reflect that I actually wasn’t there at the scene, and I didn’t commit the offence that I was charged with, but I did have some responsibility and I had to take responsibility for that,” Francis says. “I’m sorry. I’m sorry for the loss of what my actions have caused.”
Flynn added in his remarks that the community can find some solace in the fact that somebody has taken a measure of responsibility for Campbell’s death.
