LOWELL, Mass. — A plea reversal in a Lowell courtroom lead to an emotional rollercoaster Wednesday, as the trial got underway for the driver in a crash that left a Massachusetts State Trooper seriously hurt.
Jury selection was to set to begin Wednesday morning in the trial of Kevin Francis, who is accused of driving the car that hit and injured Trooper Thomas Devlin back in July of 2018. But before the trial got underway, the prosecution and defense announced they had reached a plea deal.
Francis pleaded guilty to charges of failure to move over for an emergency vehicle and negligent operation of a motor vehicle, which is a misdemeanor.
The state was asking for a sentence of 2 years in jail, with one year served, plus two years of probation.
VICTIM IMPACT STATEMENTS
Trooper Devlin’s wife and children read emotional statements in the courtroom.
“We’re all just hurting thinking about that strong man who is not here to hold our hand through it,” said his daughter, Hannah Devlin.
“He told the DA early on, ‘He took away my ability to be a husband to my wife, he took my ability to father my children. He took away everything, my career,’ recounted his wife Nancy Devlin. “So that being said your honor, today I use my strongest voice to implore you to sentence Mr. Francis to some committed time,” Mrs. Devlin continued.
PLEA WITHDRAWN
After listening to the statements, the presiding judge sentenced Francis to two years, with one year served, in jail.
The defense then withdrew the guilty plea and instead opted for a jury trial.
Jury selection is now scheduled to being Thursday.
RECENT CHANGES IN CASE
Francis was previously charged with vehicular homicide, but that charge was dropped earlier this month after Trooper Devlin’s death certificate was changed by the medical examiner. The state said it could no longer meet its burden of proof on that charge as a result.
As 25 Investigates reported, the medical examiner revised Devlin’s manner of death nearly 18 months after the trooper’s death, after it was revealed that he may have suffered a rare but deadly brain disease.
Francis was accused of striking Devlin with his car in July 2018 as the trooper was standing in the breakdown lane after stopping a vehicle on Route 3 in Billerica.
Devlin suffered serious injuries but survived. He later died in September of 2020, more than two years after the accident.
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