Modesto man convicted in horrific domestic violence: Maimed little boy, tried to kill mom
A Modesto man likely will spend the rest of his life in prison after being convicted in a horrific case of domestic violence that left a 5-year-old boy maimed.
Following a four-day trial earlier this month, 48-year-old Rene Franco was convicted of attempted murder, mayhem, assault with a deadly weapon, causing a child to suffer unjustifiable mental suffering and two counts of false imprisonment for the July 12, 2019, assault on his girlfriend and her son.
That evening, the couple had argued as they walked a half a mile from a grocery store to Franco’s studio apartment on Melrose Avenue. He wanted to carry the groceries and for her to turn off her cell phone, according to Deputy District Attorney Sara Sousa, who discussed the testimony with The Bee.
The argument subsided by the time they got to Franco’s home. Sousa said the girlfriend testified that she asked Franco to get her a glass of orange juice. He gave her the glass but then immediately began stabbing her with a knife.
She suffered 11 stab wounds over her body, including to her face, neck, collar bone, shoulder, breasts and arms, Sousa said.
Her 5-year-old son saw the whole thing.
“The testimony at trial from his mother was that the child was crying and just in hysterics and at some point (Franco) turned his attention on the boy,” Sousa said.
Franco cut two deep lacerations on the boy’s face, from the coroners of his mouth up toward his cheeks. Both the witness who called 911 and a law enforcement officer who testified likened the resulting injuries to the appearance of the fictional character the Joker in Batman stories.
After the assault, Franco stood in front of the only door in the apartment as the child and his mother begged to be let out, Sousa said. After several minutes, he stepped aside and the victims ran outside, where they sought help from a neighbor.
The neighbor called 911 and officers soon arrived at the scene. During the trial, a body camera video was played in which the boy asked one of the officers, “Is my mouth going to be better?” and “Will it hurt forever?”
A doctor testified that it took 90 minutes to operate on the boy, Sousa said. The cuts on the sides of his mouth totaled 10 centimeters (about 4 inches) and involved multiple layers of skin and facial tissue, as well as muscle tissue.
Doctors took care when stitching the wounds but a scar remains on the right side of his face, according to testimony from his mom. She, too, has scars from the puncture wounds to her body.
Franco was arrested the night of the attack. He stayed holed up in the bathroom of his apartment for over 30 minutes until officers broke down his door and used a beanbag shotgun to shoot the knife out of his hand, Sousa said.
The jury of seven women and five men deliberated for more than a day before returning guilty verdicts on all counts.
Franco initially pleaded both not guilty and not guilty by reason of insanity. The sanity phase would have started after the guilty verdicts but Franco withdrew the plea.
In addition to the charges, the jury found true enhancements that Franco acted deliberately and with premeditation, used a knife and caused great bodily injury, as well as circumstances in aggravation that the boy was particularly vulnerable and that the crimes involved a high degree of cruelty, viciousness and callousness.
All of those add time to a potential sentence for Franco, in addition to the attempted murder and mayhem convictions being his third and fourth strikes. He was previously convicted of assault with a deadly weapon and robbery.
In total, Sousa said Franco is facing a maximum of 81 years to life in prison. Sentencing and victim impact statements are scheduled for Dec. 5
His deputy public defender was not available for comment but Public Defender Jennifer Jennison said Franco has mental health issues. Had he pursued the sanity phase and the jury found him insane at the time of the crime, he would have been sent to a state hospital instead of prison.
“Once Mr. Franco was convicted, he made the decision to withdraw the plea and accept his life sentence without raising that issue,” Jennison said.
