Victim of 7-Eleven ‘hot coffee’ attack started fight with ‘Die Jews’ slur – as shocking video shows her pleading for help: ‘I can’t breathe’
EXCLUSIVE
A 7-Eleven customer who died six days after being doused in hot coffee and held down in the gas station by a Jewish woman was attacked after racially vilifying her.
On Tuesday, Sarah Franklin, now aged 53, pleaded guilty to one charge of common law assault against Sarah Murphy after accepting a deal from Victoria’s Office of Public Prosecutions.
Her co-defendant, Andrea Madigan, also 53, had her charges dropped after appearing in court on Tuesday prepared to contest the charges.
Andrea Madigan planned to fight the assault charge. She was seen on CCTV trying to break up the argument before allegedly helping to pin down Franklin’s victim.
The 7-Eleven gas station in Caulfield (pictured) where the tragic incident took place
Franklin also appeared at Moorabbin Magistrates’ Court awaiting to contest the charges, but accepted a prosecution deal at the last minute.
The court heard that prosecutors made the deal on the condition that she accepted that the last two minutes of her attack on Ms Murphy was not self-defence.
The attack took place Feb. 8 last year at a 7-Eleven gas station in Caulfield, in Melbourne‘s southeast.
Madigan and Franklin had gone to the store to get coffee when Mrs. Murphy seemed to object to a man cutting in front of her.
An argument ensued before Franklin threw a cup of coffee over her victim.
Video taken by a witness showed Mrs. Murphy repeatedly screaming for help as Franklin knelt on her back.
“I can’t breathe,” she screamed, “help, help me.”
The court heard Franklin had taken offense to Ms Murphy’s racist remark moments earlier, in which she made the comment ‘Those Jews’.
In harrowing scenes, Mrs Murphy was seen fleeing from Franklin down an aisle before being tackled.
The court heard Ms Murphy bit Franklin as they fell to the ground while wrestling.
Only then did prosecutors agree that Franklin should have withdrawn from the battle.
“Are you calm now,” Franklin asked as she held Mrs. Murphy for two minutes.
Sarah Franklin threw hot coffee at her victim before pinning her down. She tried to conceal her identity at Moorabbin Magistrates’ Court on Tuesday
Andrea Madigan leaves court Tuesday after her charges were dropped
Forensic officers are seen at the petrol station after Mrs Murphy was attacked
Despite Ms Murphy’s death, the court heard that forensic experts could not conclude beyond reasonable doubt that she had died as a result of the incident.
CCTV footage showed Ms Murphy was unconscious when the two women grabbed their belongings and left the petrol station.
Madigan was charged after allegedly holding Ms Murphy’s arm down while her 20-year-old friend held her victim down with one knee.
Her hearing was postponed so that Magistrate Stephen Lee could sentence Franklin.
Mr Lee said he needed a psychological report on Franklin before determining her sentence.
The experienced magistrate appeared shocked to hear of Ms Murphy’s death.
He also raised concerns about the prosecution agreement, as it was Franklin who started the violence when she threw the hot coffee at her victim.
“It seemed like a classic two-on-one to me,” Mr. Lee said
Sarah Franklin (left) leaves court with her sister. She refused to answer questions
Coffee was allegedly poured on a woman who later died in hospital (stock image)
Two women have since been charged over the alleged attack (photo, police at scene)
However, the prosecution accepted that Franklin was provoked into the attack by the anti-Semitic slurs aimed at her.
Franklin’s lawyer Greer Boe said the magistrate should not take Ms. Murphy’s death into account when sentencing her client.
“There is no evidence that she caused the victim’s death,” she said.
Ms Greer called for Franklin to be released on a good behavior bond without conviction, saying the attack was a “temporary delay” – a submission Lee found strange.
“I’m surprised you’d suggest that,” he said.
‘It was a prolonged use of force to utterly subdue a helpless victim… it seemed to me a considerable force, far from a temporary event.’
The two suspects were charged with manslaughter after initially being charged with recklessly causing serious injury.
Those charges were dropped while forensic doctors tried to figure out exactly how Ms. Murphy died.
When the charges came to court, they were reduced to common law assault – a charge that carries a maximum penalty of just five years behind bars.
Lee will sentence Franklin in December.
Outside court, Franklin declined to comment to Ny Breaking Australia as she returned to her car.