Plea deal reached in man’s slaying

By Ed Runyan

Prosecutors dropped specifications that could have led to the death penalty.

WARREN — Before jury selection could begin its seventh day, Alan Francis of Niles accepted a plea agreement that prevents him from facing the death penalty.

His agreement Thursday to plead no contest to aggravated murder and multiple counts of aggravated robbery and burglary got him a sentence of 40 years to life in prison.

Judge John M. Stuard of Trumbull County Common Pleas Court found Francis guilty of killing John P. Crocker, 76, of Emerson Street in Weathersfield Township, on Nov. 21, 2005, in Crocker’s home during a robbery.

He also was found guilty of committing four other armed robberies about the same time in Niles.

Francis, 46, got 40 years in prison for the armed robberies. The 40 years are to be served at the same time as the 33 years he got for the murder.

In the plea agreement, the prosecution dropped the aggravating circumstances in Francis’ indictment. The aggravating circumstances are what make a defendant charged with murder eligible for the death penalty.

None of the other charges in Francis’ indictment were dropped.

An affidavit filed in the case said Francis admitted to police Nov. 23, 2005, that he was in Crocker’s house to borrow money and that he had shot Crocker three times after Crocker pointed a gun at him.

In the house under a ruse to use the phone, Francis told police, he turned his back on Crocker. When he turned around, he said Crocker had a gun pointed at him. Francis said he lunged for the gun and grabbed Crocker’s wrist when the gun discharged three times.

Police said Francis shot Crocker twice in the head and once in the hand, hit him four times in the head and back with a stick and slashed Crocker’s throat, hands and arm with a knife.

Brenda Crocker, the victim’s daughter, told Judge Stuard she doesn’t believe Francis went to her father’s house just to rob him and finds it hard to understand why he would kill the ailing World War II veteran who suffered from pulmonary disease and emphysema and was always on an oxygen tube.

“My father was on his death bed,” she said. “He couldn’t breathe. He could barely walk around. This was overkill. This man took a life. He could have just went like that and knocked this man down and took whatever he wanted.

“But he didn’t deserve what you did to him. And I hope they keep you healthy and safe until the day you reach your judgment.”

Francis didn’t speak on his own behalf. One of his attorneys, Donald Malarcik of Akron, said he was remaining silent on purpose because Francis had pleaded no contest rather than guilty because it would preserve Francis’ right to appeal certain matters.

Chris Becker, an assistant county prosecutor, asked Judge Stuard to make sure Francis understood that if his appeals on matters leading up to his plea were unsuccessful, Francis would serve a minimum of 40 years in prison. Francis said he understood.

In most plea agreements in felony cases, a defendant pleads guilty rather than no contest and gives up the right to appeal the verdict or sentence.

Among the issues Malarcik said would be appealed are whether the confession Francis gave to police and other evidence police gathered should have been admissible at trial.

The case against Francis dragged on for several years because of attempts Francis’ lawyers made to suppress such evidence.

Other delays have occurred because Francis has been dissatisfied with his attorneys. Malarcik and Brian M. Pierce, also of Akron, were his third set of lawyers.

runyan@vindy.com