A new penalty hearing has been ordered for an inmate who stabbed a guard to death at the Columbia Correctional Institution in 2012, says a brief written by the Florida Supreme Court. Richard P. Franklin was originally in prison serving life sentences for first degree murder and armed robbery convictions.
He was sentenced to death by a 9-3 jury vote after his conviction in the guard's death, but will get a new penalty hearing after filing an appeal citing Hurst v. State. The Florida Supreme Court agrees with Franklin that because the jury did not sentence him unanimously, he cannot face the death sentence.
Franklin had been in prison for 17 years by the time he attacked Sergeant Ruben Thomas. According to Franklin, Sergent Thomas would sometimes not let him eat. The pair had exchanged words and Franklin eventually 'bought' a shank from his cellmate.
The Gainesville Sun reports that Franklin had a long history of disobeying orders and disrespecting guards prior to his transfer to Columbia Correctional.
Thomas was called up to Franklin's cell one night after Franklin complained his air vent was dripping water - it wasn't. Thomas checked the vent and upon looking down, Franklin began beating on him, the brief says.
He forced Thomas to the ground, breaking his nose, knocking his radio out of his hand and throwing the officer's panic button to the floor.
During the altercation, Thomas ran from the cell and was able to make it to a security door. As he attempted to close it, Franklin jammed his foot in the doorway and began struggling with Thomas.
Every time Thomas would attempt to close the door, Franklin would swing his shank in a sharp, downward motion at Thomas. He would eventually connect the shank to Thomas's neck, a would that would eventually prove fatal.
That wasn't the end of Franklin's rampage throughout the cell block. He would cave in another correctional officer's eye socket and lock himself in a laundry room, forcing the Correctional Institution to bring in it's Designated Armed Response Team to eventually bring him down.
Upon his conviction for first degree murder in Thomas's death, the jury was split 9-3 in recommending death. Until this year, that was enough to put an inmate to death. Now, it will require a unanimous vote. A judge was also able, prior to this year, to decide the evidence that would relate to the death sentence - now that power is in the hands of the jury.
The new penalty hearing date has yet to be set. His conviction has not been overturned.
