Guilty plea in Todd Francis case; man whose discharged firearm killed 10-year-old boy

He faces up to four years in prison

SAN DIEGO - Todd Francis, a Scripps Ranch man whose loaded firearm discharged and killed a 10-year-old boy, pleaded guilty Monday morning to two felony child endangerment charges.

San Diego police said 10-year-old Eric Klyaz was handling a 9 mm pistol in the defendant's garage at a condominium complex in the 10900 block of Ivy Hill Drive last June 4, along with Francis' 9-year-old daughter, Cierra, when the gun went off.

The Dingeman Elementary School student suffered a bullet wound to the chest and died at Rady Children's Hospital a short time later. The second child was unharmed, according to police.

Francis, 56, faces up to four years in state prison when he is sentenced April 8, while Francis' attorney can ask the judge to place the defendant on probation.

The question of whether Francis' firearm was loaded when the children found it is in dispute, said defense attorney Danna Cotman.

"At this point, Mr. Francis wanted to take responsibility to save both his family as well as the victim’s family from any further stress due to court proceedings," said Cotman after the hearing.

The attorney said her client also wanted a message to go out in connection with his plea.

"No matter how well you think you might have hidden your weapon or stored your ammunition, please never underestimate children, they will find things, and we really want to make sure that no one else gets harmed," Cotman said. "So my client really wants to get the word out there, please secure all weapons in a locked, safe place, so that children can't get them."

Francis told 10News that his plea "brings closure. I'm still very traumatized over this and I’m just trying to keep it together."

"Our office felt that under the circumstances in this matter, that two counts of child endangerment ... appropriately reflect what Mr. Francis in fact did in this case," said deputy district attorney Matthew Dix.

Dix said prosecutors believe Francis' gun was loaded when the children found it.

"Our position has always been, based on the facts of this case, that the gun was, in fact, loaded," Dix said. "There's also some DNA evidence in this case that negates the argument that the magazine or the bullets were handled by either Cierra, Eric or the older son."

Francis was adamant. 

"I take exception to what the D.A. said during his post-hearing interview. He said that he has evidence that is conclusive that the gun was left loaded in the garage and I would never do that," he said. "I just want to get the record straight. I have children and for me to just leave … carelessly leave a loaded handgun sitting in the garage; that’s the one thing I take issue with but I do take responsibility and that's why I pleaded guilty."

Francis' wife, Susan, testified during a preliminary hearing last year that she got home about 3:30 p.m. and asked her 15-year-old son, Chad, to watch his younger sister while she ran an errand.

About 20 minutes later, she said she got a call from the teen, telling her to come back home because police were there and someone had been hurt.

Chad Francis testified he was upstairs using a computer and unaware that Eric had come over to play. The teenager testified that he had seen a gun case in the garage but never seen a gun.

Mark Jones testified that he was fixing a neighbor's garage door about 4:15 p.m. when he heard a shot and saw Cierra running out of the Francis' garage, screaming.

Jones said he saw the boy on the ground motionless and started CPR.

"There was a gun on a sofa," Jones testified.

Jones said a 911 operator told him to remove the gun, which he did.

"I was concerned when I moved it, because it was cocked," Jones testified.

A San Diego police officer testified that Todd Francis told him that the gun was hidden and was sure it wasn't loaded. Francis told the officer that he should have secured the gun better.

"He said, 'If that kid dies, I don't want to live anymore,'" the officer testified.

Detective Brett Burkett testified that Cierra told him she "might have" fired the gun. The next day, Burkett said he heard Cierra tell a social worker she found the gun on a couch in the garage.

"She said, 'We were touching it and it shot. It shot him,'" Burkett said.

Cierra said she had never seen the gun before and wasn't sure if it was real. She said she didn't put bullets in the gun, according to Burkett.

Francis is currently not in custody.

He said he has written to the Klyaz family but has not spoken to them. 

"Now I have an opportunity to make amends with my family and also see about Eric's family, too … see what I can do to help them," he said. "That's all I care about right now."

ABC News will air an exclusive interview with Todd Francis Wednesday evening on World News Tonight.

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