Sixteenth Judicial District Judge Keith Comeaux ruled in a Tuesday morning hearing that Easton Francisco, 23, was found after two separate evaluations to have mild mental retardation. Francisco is the only one of the three men charged in Long’s death who would have been subject to the death penalty.
The state cannot seek the death penalty against defendants with mental retardation because of a landmark U.S. Supreme Court ruling in Atkins v. Virginia in 2002. The high court’s ruling cited that the death penalty against a mentally retarded person is a violation of the Eighth Amendment’s ban on cruel and unusual punishment.
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The minimum IQ required for mental competence is between 72 and 73, Colwart said.
Melissa Long, daughter of the slain gun shop owner, attended the Tuesday hearing with her mother. Comeaux’s ruling was “what we expected, but not what we wanted to hear,” she said.
Francisco and Akeem Evans reportedly robbed and shot Long, 72, in his Center Street gun shop in May 2008.
Francisco and Evans, who was 17 when arrested, are charged with first-degree murder. Rickey Paul, 21, is charged with two counts of accessory after the fact to first-degree murder for reportedly picking up the two moments after the shooting.
Evans, who also faces escape charges, is not subject to the death penalty because of a 2005 U.S. Supreme Court ruling that prohibits executions for offenders under 18 years old at the time of the crime.
“It is a great mind that can cheat a standardized test on multiple occasions,” Melissa Long said in a prepared statement. “That has just come to conclusion. With that in mind, it is hard for me and my family to find faith in a system that we as a people call justice.
“Common sense of a fifth-grader is required to load and execute a handgun. Profound intelligence is not required to steal and commit murder. So where is the justice that he should breathe and my father does not? Where does intelligence stop and stupidity begin?”
The case against Francisco still will be tried as first-degree murder, but will be moved to one of three other criminal dockets in the 16th Judicial District with another judge presiding over the trial.
Colwart said because the death penalty is no longer on the table, Francisco will have only one public defender, Nancy Dunning, representing him.
At the hearing, Francisco wore a pink jumpsuit from the Iberia Parish Jail, where he is being held without bond.
No trial date has been set, Colwart said.
Comments
lilmama wrote on Dec 14, 2009 12:52 PM:
sparky wrote on Dec 8, 2009 3:26 PM:
Rebel With A Cause wrote on Dec 7, 2009 5:56 PM:
"We'll believe that if We ever see YOU alive again" shouted the people!!
the perpetrators of this horrific crime, {and the perpetrators of other horrific crimes} deserve to pay with thier lives, ....Mr. Long {and other victims}
lost thiers...THINK ABOUT IT!
Demonstrate your outrage...VOTE! "
LHP wrote on Dec 7, 2009 2:24 PM:
Dylans Aunt wrote on Dec 5, 2009 1:16 AM:
Josh wrote on Dec 4, 2009 11:07 PM:
Lori Bennett wrote on Dec 4, 2009 6:42 PM:
Tom wrote on Dec 4, 2009 3:08 PM:
Second, what one person sees as justice can be seen by another as injustice.
Third, I disagree with state sponsored executions. But I disagree even more with having two different criterion for executions. How can it be cruel and unusual punishment for the insane but perfectly acceptable for the sane?
Last, what constitutes justice will be determined by the judge and jury and you and I must live with their determination. "
Melissa Long wrote on Dec 4, 2009 1:28 PM:
To Blanche wrote on Dec 4, 2009 6:32 AM:
To Lori Bennett wrote on Dec 4, 2009 6:24 AM:
Lori Bennett wrote on Dec 3, 2009 12:14 PM:
Beth wrote on Dec 3, 2009 11:57 AM:
Detective wrote on Dec 3, 2009 11:49 AM:
As you know, we did not know each other prior to the trajic day your father's life was taken. But if you recall, on that day myself and many others with IPSO told you we would not rest until justice had been served. Unfortunately as you know, justice is not obtained overnight and sometimes not in accordance with our likings or understanding. With that being said, I encourage you and your family to remain focused and strong until justice has been served. I'll see you again in the near future. Until then my prayers remain. "
Dannie Meche wrote on Dec 2, 2009 1:35 PM:
Rules for this forum states, "Postings must stay on the issues related to the thread and not veer off into personal comments about others"
My condolences to the Long family may you find justice. "
ToDr. Lisa Boudreaux wrote on Dec 2, 2009 9:07 AM:
Jewels wrote on Dec 1, 2009 11:06 PM:
Beth wrote on Dec 1, 2009 10:09 PM:
A teacher of 10 years, I see students "fail" on purpose all the time. I once gave up my lunch for 3 weeks to help a student that asked for help. When report cards went out, mom came to school and freaked out telling me that she wouldn't be able to get a "stupid check" if he made good grades. Also, turn on the national news and see the families of the 4 police officers. I hope the Long family makes the national news. The world does not revolve around Iberia or your personal hate for Melissa. "
BLANCHE DEVEREAUX wrote on Dec 1, 2009 8:08 PM:
His family has the right to be outraged, as the system failed him and he lost his life, the promise of whatever he would have been in life.
Why is there no public outrage at this death? Was Dylan less important than Mr. Long, who put guns on the street for criminals to use?
This is my last post on this topic, as I have made my point. "
sparky wrote on Dec 1, 2009 6:37 PM:
Same Boat wrote on Dec 1, 2009 2:11 PM:
To Blanche Devereaux wrote on Dec 1, 2009 11:12 AM:
You calously stated that "surely Melissa's father was not the only person murdered in Acadiana". Her dad may not have been the only person murdered in Acadiana, but I could certainly understand how he would be the most important murder victim in the world to HER. Imagine yourself in her shoes. "
Dr. Lisa Boudreaux wrote on Dec 1, 2009 10:26 AM:
What everyone needs to realize is, sure the victims family wants justice but, justice truly takes place after one dies. "
BLANCHE DEVEREAUX wrote on Dec 1, 2009 8:27 AM:
What makes any of you think that you are capable of diagnosing a person's mental capabilities? Are any of you a doctor, psychologist, pyschiatrist? Who are you to judge if this boy is mentally challenged? "
Rebel With A Cause wrote on Dec 1, 2009 2:46 AM:
yeahyouright wrote on Nov 30, 2009 7:46 PM:
Beth wrote on Nov 30, 2009 7:13 PM:
Deborah C. White wrote on Nov 30, 2009 4:46 PM:
I am happy that neworleanscajun gave you the defination of a thug and I thank them for it as it sure saved me the time of having to do it.
What would like this individual or any other individual that commits these type of criimes to be called? An ANGEL!
Go check the defination of a thug for yourself, please! That is my choice of word and I will stick with it because that is what this person is.......period! "
bigjake wrote on Nov 30, 2009 1:46 PM:
Melissa Long wrote on Nov 30, 2009 11:24 AM:
Obviously, I know who you are, and news is news! You could not walk and a quarter of a step in my shoes. Your statement is childish. To all others here who judge, freedom of press is a part of our society, nothing stops the press from persuing news! Many others here should stick to the facts of this news item! "
Missing The Point wrote on Nov 29, 2009 11:19 PM:
BLANCHE DEVEREAUX wrote on Nov 29, 2009 11:15 PM:
The victim's daughter will use any excuse to get her mug on the front page of the paper and on the nightly local news.
We all know that you are an attention hog, but please, show some tact! "
LOL wrote on Nov 29, 2009 11:11 PM:
I was referencing "Outraged's" remark about Kobe Bryant, who was not charged with a crime. My comments had nothing to do with this shooter getting the death penalty or staying in jail for the rest of his life. Why are you attacking my comments, when I said nothing about the Long case, but was correcting false information posted by "Outraged"? "
MIA wrote on Nov 29, 2009 10:35 PM:
Melissa Long wrote on Nov 29, 2009 10:33 PM:
To 1opinion wrote on Nov 29, 2009 6:45 PM:
bigjake wrote on Nov 29, 2009 5:15 PM:
To Delcambre, Mia ,Outraged the Laughing is the mild retardation. My nephew have the same he was laughing while he was cuff in the car leaving for reform school. He do not realize the real nature of his problem. "
neworleanscajun wrote on Nov 29, 2009 2:07 PM:
A person is known as a thug because his actions make him one.
DEFINITION OF A THUG: a cruel or vicious ruffian, robber, or murderer. "
1 opinion wrote on Nov 29, 2009 12:24 PM:
Train them up as a child!!! "
Law Lover wrote on Nov 28, 2009 7:10 PM:
wrote on Nov 28, 2009 7:07 PM:
MIA wrote on Nov 28, 2009 11:53 AM:
Seems like you are the only one trying to blow the facts out of the water, I don't think it is so much about knowing facts, I think it is about a simple statement of you trying to make it a racist thing. When nothing here is about race. How would you feel if you had a family member murdered and the accused laughed in your face. "
Deborah C. White wrote on Nov 28, 2009 8:20 AM:
Lynn wrote on Nov 27, 2009 9:41 PM:
please wrote on Nov 27, 2009 2:58 PM:
L wrote on Nov 27, 2009 2:10 PM:
Attorney at Law wrote on Nov 27, 2009 11:54 AM:
Read the above captioned story. It clearly states that the Supreme Court struck down the previous law in 2005. Dalton Prejean or anyone else convicted for 1st degree murder before 2005 was eligible for the death penalty.
Like it or not, it's the law of the land in all states. The 16th JDC cannot decide otherwise, Baton Rouge or New Orleans cannot decide to seek the death penalty under the circumstances presented.
Make your voices heard to change ANY law you feel is unfair. "Make myself feel good" whining on this forum will not change anything. "
ESM wrote on Nov 27, 2009 11:29 AM:
He was smart enough to walk in, rob and shoot someone. Then leave and try to hide and not be caught. Thats shows he has enough of an IQ to reason that he did something wrong.
Very unjust for the Long family!!!! "
LOL wrote on Nov 27, 2009 10:36 AM:
Kobe Bryant was never charged with a crime. The woman who accused him of rape, had semen from four different men and she was considered an unreliable witness by the DA's office.
Please check your facts before you defame someone's good name. "
Outraged wrote on Nov 27, 2009 6:14 AM:
Did O J Get the short end of the stick???
Did Kobe Bryant get the short end of the stick???
They had a full deck!!! Why did they commit their crimes??? Why were they not CONVICTED????
You are making excuses and your making them on RACE!!! You like so many still want PAYBACK!!!!! Just admit it you hate White people and any time a black person murders a white person, you can justify it in your little racist mind!!!! "
SAD SYSTEM wrote on Nov 27, 2009 3:56 AM:
ETEE wrote on Nov 26, 2009 8:45 PM:
Just Wondering wrote on Nov 26, 2009 7:09 PM:
And I agree with Tax Payer, another one to feed and shelter with tax payers money. I know of better things that they can do with tax payers money. "
My 2 Cents wrote on Nov 26, 2009 2:20 PM:
IQ Test Question wrote on Nov 26, 2009 11:51 AM:
As an adult, he has taken an IQ Test twice after robbing and murdering a man and scored just below the minimum IQ requirement for the death penalty to be considered.
Is it possible for a person to "dumb down" their answers on an IQ Test, if it would benefit them to do so (such as removing a death penalty consideration)? Probably.
My condolences to the Longs. "
mama knows wrote on Nov 26, 2009 10:48 AM:
Master Sparks wrote on Nov 26, 2009 6:56 AM:
A truly good man is gone. To the judicial system:Smart enough to murder and smart enough to beat the test. Someone coached them well. One minute with the family is what the verdick should be. "
Mephastop wrote on Nov 26, 2009 1:28 AM:
Opinion wrote on Nov 25, 2009 8:59 PM:
of the victim and Mr. Long. Death would be too easy for them let them decay in
prison for the rest of their natural born
life. Parents need to be held accountable
this shouldn't happen to anyone. of any race. (BF) "
TAX PAYER wrote on Nov 25, 2009 8:33 PM:
Delcambre wrote on Nov 25, 2009 7:34 PM:
A Deputies Dad wrote on Nov 25, 2009 7:10 PM:
bg wrote on Nov 25, 2009 4:28 PM:
Melissa Long wrote on Nov 25, 2009 3:24 PM:
Outraged wrote on Nov 25, 2009 3:23 PM:
Sometimes you have to wait till the after life to get justice!!! "
adult wrote on Nov 25, 2009 3:12 PM: