By SYDNEY KENT
A Vera Cruz man was sentenced to three years in prison after battering his wife and firing a gun into the ceiling of their home late last November.
Jerry Earl Britt Francis, 36, was sentenced immediately following a hearing in Wells Circuit Court last week, where he pleaded guilty to criminal recklessness, a Level 5 felony, and one count of domestic battery committed in the presence of a child less than 16 years old, a Level 6 felony.
On Nov. 24, sheriff’s deputies responded to a report that a man battered his wife and fired a gun into the ceiling of their home while their three children were present. The report, made by Francis’s wife, states that she did not want to press charges; however, she was concerned for her stepdaughter, who was still in the home.
According to the probable cause affidavit, Francis had been drinking for many hours the day of the incident, which was also the birthday of his recently deceased mother. Francis reportedly woke up his wife over frustration with the illness of the family dog. The affidavit states that he strangled his wife multiple times, hit her in the back of the head with a closed fist, and broke multiple items during the argument before firing a gun into the ceiling of their home. Their children were present and witnessed some of the abuse he inflicted.
Francis’s lawyer, Patrick Miller, asked him to explain what happened leading up to the night of the crime.
“My mother had just died,” Francis answered. “My stepdad didn’t want me in his life anymore. My real father was in the Philippines, and he was supposed to be here today, but he’s not. It was a hard year.”
“What was your intention of the bullet?” Miller asked. Francis explained that he intended to put the gun in his truck to move out of the home the following morning potentially.
Miller noted that Francis cooperated with law enforcement during the night of the arrest and has not had any issues while being incarcerated so far.
Francis’s wife was also present at the hearing last Wednesday. She gave a victim impact statement in favor of releasing Francis on a suspended sentence, noting that this is the most extended period the two have been separated since they began dating in 2018.
“He is a good father, a great husband, and he made the wrong choice that night,” she said. “He chose the wrong way to grieve. I don’t think him going to jail would be worthwhile. He needs help with alcoholism.”
Many tears fell from Francis’s eyes as his wife voiced the isolation and difficulty of being a single mother over the last seven months. She added that she and their children miss him, and their three-year-old child asks about him daily.
His wife requested that the protective order between the two be removed.
Prosecutor Colin Andrews voiced concern about the no-contact order being dropped, mainly because Francis would face more stressors after being released from jail.
“The state is not asking for further incarceration,” Andrews added. “I do think substance abuse classes and probation are appropriate.”
Judge Kenton Kiracofe ultimately approved the motion to remove the protective order and informed Francis and his wife that she could seek a civil order if she felt it was needed.
“The defendant has no prior history, which is a mitigating factor,” Kiracofe said before his ruling. “It’s also that he is likely to respond affirmatively to probation … I am concerned that the alcohol use led to the point of you making these decisions. If I release you, you should address this with a clear head and make some changes.”
Francis will receive credit for the 201 days of incarceration he has served. The remaining 827 days of his sentence are suspended. He was issued a concurrent sentence of 2 years, 182 days in prison, with 644 days suspended for the Level 6 felony, as well as two years of probation.
sydney@news-banner.com
