State v. Francois

Lorraine Harris was talking on the phone to her friend, Carolyn Geary. Geary heard loud knocking on the call, and Harris told Geary that someone was knocking on Harris’s door. Harris asked Geary to remain on the phone with her. When Harris opened the door, she saw Derrick Francois (defendant), whose brother, Delast, had been killed the day before. Francois asked Harris if Harris’s son, Smurf, was sleeping. Harris saw that Smurf was awake and invited Francois in. Francois then entered Harris’s home and went into Smurf’s room. Geary could hear voices on the phone call but could not understand what was being said, so Harris told her that Delast Francois’s brother had come to speak with Smurf. Harris sat down on her sofa and watched Francois in Smurf’s room. Francois loudly asked Smurf about someone’s whereabouts. When Smurf replied that he did not know, Harris heard a gunshot. Geary also heard two gunshots over the phone, and Harris told Geary, “He killed Smurf.” Francois left the bedroom, placed the gun to Harris’s head, and told Harris to be quiet. Harris dropped the phone and begged Francois not to kill her. Francois then put his gun down and left Harris’s home. Harris called 911 and told the operator that “Delast’s brother” had shot her son. The State of Louisiana (plaintiff) charged Francois with murder. Francois sought to exclude Geary’s testimony about her phone conversation with Harris on the night of Smurf’s death, but the trial court allowed Geary to testify. The jury ultimately convicted Francois, and he appealed to the Louisiana Court of Appeal.