Man faces death penalty in father-in-law's murder

David Franks (Source: Hamilton County Sheriff's Office)
David Franks (Source: Hamilton County Sheriff's Office)

CINCINNATI, OH (FOX19) - A man who was shot by police during an incident in Green Township has been indicted for the murder of his father-in-law.

The Hamilton County Prosecutor's Office says David Franks, 45, was indicted on two counts of aggravated murder, three counts of attempted aggravated murder and two counts of aggravated burglary. If convicted of all charges, he faces the possibility of the death penalty.

On March 11, police were called to N. Arbor Woods Court in Green Township in response to a suspicious person with a gun in the area. When police arrived, they saw Franks enter the rear of the residence and heard gunshots. Franks then exited armed with a handgun. The police ordered him to drop his weapon but he then began firing at the officers.  The officers returned fire and wounded Franks.

Franks was arrested at the scene.  No police officers were injured.

When the police entered the residence, they discovered that James Schobert, Franks' father-in-law, had been shot.  He died as the result of gunshot wounds.

The police also found the defendant's estranged wife, Sherry Franks and their 9 year-old daughter hiding in the home.  The victim's wife, Marlene, who had been present in the home when her husband was shot, had been able to flee the home shortly before the police entered.

Franks had previously been charged with Domestic Violence against her and a Temporary Protective Order had been granted.  Sherry and their daughter had been living with the Schoberts.

"The cold-blooded murder of Mr. Schobert in front of his family is unthinkable," said Prosecutor Joe Deters. "David Franks should now face society's ultimate penalty."

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