There will be no death penalty for Tracen Franklin, the young man convicted last week in the 2010 murder of 18-year-old Bobby Tillman.
The judge in the Douglas County murder trial will sentence Franklin next week because on Friday jurors deadlocked on a punishment.
Judge William McClain will decide whether 20-year-old Franklin serves life in prison or receives the possibility of parole.
Jurors began discussions Friday, their second full day of deliberations, but told the judge they were stuck — with 10 jurors wanting one punishment and two wanting something else. The specifics about the vote were not announced, but their choices were death, life without parole and life with the possibility of parole after 30 years.
Hours later, one juror sent McClain a note that read, “We have been gridlocked for two days. We can’t make a decision. We can’t even make a decision about sending a note.”
This same jury decided last week that Franklin was guilty of murder within 90 minutes.
Because the task of sentencing has shifted to the judge, the death penalty is no longer an option. McClain is left with two choices — life without parole or life with that possibility.
McClain set the hearing for next Friday.
For the first time in the six-week-long trial, Franklin reacted to an event in the courtroom. He smiled, hugged lead defense attorney Bruce Harvey and then hugged even longer another member of the defense team, Kim Cornwell.
“God answers prayers,” said Sonia Barber, Franklin’s mother.
Tillman’s mother, Monique Rivarde, was not in the courtroom for the decision to declare a mistrial in the sentencing phase of the case. District Attorney David McDade said Rivarde did not want to comment until the judge sets punishment.
McDade also is withholding comment.
Four young men were charged almost two years ago with savagely punching and kicking Tillman moments after the chaperons shut down the gathering and told the 60 to 80 teenagers to go home.
But only Franklin, then an 18-year-old student at Alabama State University, faced the possibility of a death sentence.
To avoid a death sentence, Emanuel Boykins pleaded guilty in April to murder for throwing the first punch, starting the 30-second attack on Tillman. Boykins, who was 18 at the time of the crime, is serving a life sentence but could be considered for parole in 30 years. Murder charges are still pending against Quantez Devonta Mallory, then 18, and Horace Damon Coleman, 19 at the time.
There was national media coverage of Tillman’s death almost two years ago because of the viciousness and randomness of the beating.
The parents of two high school girls agreed to host a party on Nov. 6, 2010, as a reward for their good grades.
But the small party soon became too big and some of the teenagers got out of control.
Franklin and his friends had been at the party about an hour before the music was turned off just before midnight.
Two girls started fighting in the basement over a boy, and they continued their brawl on the lawn as teenagers left the house on Independence Drive in Douglasville. More fights between other girls followed.
Franklin told a police detective in a recorded interview that he and Boykins had tried to stop some of the fighting but one of the girls hit Boykins. Boykins announced that he didn’t hit girls so instead he would pop the next guy he saw.
Tillman was sitting on a friend’s father’s car parked on the street at the top of the driveway.
Witnesses said Boykins and his friends punched Tillman several times before the car that was propping him up was driven away. The 30-second attack continued with Tillman balled up on the street pavement.
Tillman’s heart was lacerated and he died.
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