GREENFIELD — The Athol man convicted of holding two people against their will, forcing them to fight and whipping one of them with a belt will spend the next five to eight years in state prison.
Franklin L. Payne, 49, appeared in Franklin County Superior Court for sentencing on Wednesday, nearly two months after a jury found him guilty on seven charges related to a Feb. 1, 2023, incident that left a man with injuries to his hand, head, face and back.
A jury in February found Payne guilty on two counts of kidnapping, two counts of conspiracy and single counts of assault and battery, armed robbery, and assault and battery with a dangerous weapon.
Matthew Thomas, of the Northwestern District Attorney’s Office, argued in court that Payne has been on probation numerous times and his criminal behavior has only escalated.
Defense attorney Regina Grace Edwards asked Judge Jane Mulqueen to show mercy to her client. She said Payne knows what he did was wrong and does not minimize his actions against a vulnerable individual.
Edwards said Payne wanted back items that had been stolen and “his decision-making in that moment was obviously very flawed.” She also said her client is ready to “recommit to an offense-free life.”
According to police reports, an injured man visited the Athol Police Station at roughly 5:10 p.m. on Feb. 2, 2023, to report being assaulted the previous night. The man was directed to Athol Hospital for medical evaluation.
The man reportedly told police that he and a friend visited 32 Laurel St. at about 7:30 p.m. on Feb. 1 to buy drugs. According to police reports, April McCassie accused the two men of being at 5 Sanders St. when items were stolen the night before. The reporting victim told police he and the other man had stolen clothes belonging to Payne’s brother.
After McCassie called Payne, the reporting victim told police that two men grabbed his friend and held him until Payne arrived and began hitting the friend before questioning the reporting victim, who admitted to stealing the clothing. Payne dragged the man into the back bedroom and held the blade of a pocket knife to the victim’s face, threatening to cut him. The reporting party said Payne forced the two victims to fight each other under the threat of knocking the other man unconscious.
Payne also removed his belt and began whipping the reporting victim’s back, demanding the personal identification number to the victim’s debit card and cellphone. According to police reports, it was later determined that someone involved with the incident used the debit card to deplete the victim’s bank account.
The victim told police the assault lasted about an hour and a half before a man and woman — later identified as Marlene M. Hill and Ronald P. Mitchell III — removed him from the residence and put him in Hill’s vehicle. They then drove to retrieve some of the stolen items. According to police reports, the two victims were allowed to leave the residence after roughly four hours.
