Sheldon Franks, one of the two men jailed for the 1996 murder of James Cyrus Caines, admits he deserves to be in prison - but is adamant he is not a killer.

In the second part of his exclusive interview with The Royal Gazette, Franks revealed that co-defendant Teiko Furbert has admitted firing the bullet that killed Caines.

Franks' lawyer Mark Pettingill has confirmed that Furbert signed an affidavit admitting to shooting and mortally wounding Caines in his Pembroke home, but under Bermudian law that still means Franks must be labelled a murderer - a title he doesn't believe he deserves.

Franks, now an award-winning artist and described as "a model inmate" by prison officers, will be the first to admit his life was not a good one in the years leading up to his incarceration.

He was a drug dealer and involved in "street life" - and on the night of the murder he makes no attempt to pretend he wasn't going out to do some harm to Caines.

"There had been some break-ins in the area," said Franks, a 38-year-old father.

"We had no proof but I said 'let's go cut his (Caines') ass anyway'. My co-defendant carried a gun, but I had no idea he had one.

"A simple fist fight turned into an ignorant act that took a man's life. I never knew he had a gun.

"He went beyond the scope of my mind."

Although only one bullet was fired, both men were sentenced to life for the murder under the 'joint enterprise' rule.

In rejecting Franks' appeal in 2000, the Privy Council in London upheld the principle that people could be found guilty of murder even if their intention was to commit another crime - unlike places such as Trinidad and Tobago and the UK where 'felony murder' had been axed as an offence. A legal source said at the time: "This means if you commit a crime which ends up in a killing you can still be charged with murder unlike other places such as the UK where it can only be manslaughter."

But there is no further opportunity for Franks to appeal, a pardon from the Queen is the only avenue left to him - and it isn't one he is choosing to go down.

"It has been hard for me throughout the years trying to be optimistic," said Franks.

He was speaking from Westgate where he has been an inmate for seven years, four of them in maximum security.

"I've exhausted my appeals process and going through the legal proceedings in my effort to be exonerated has made it hard to be positive.

"My co-defendant has confessed by affidavit to the shooting."

But Franks does admit that his incarceration his perhaps just desserts for his previous lifestyle, one he is keen for others not to fall into.

"I'm here for a murder that I did not commit," continued Franks.

"But that lifestyle can bring you this sort of trouble. Maybe I should be here for that. I'm not a thug but I was in a situation that got me in here.

"I used to sell drugs and it is not something I am proud of. But I'd never be in trouble - just a parking ticket back in the 1980s.

"When hanging on the street, there is a lot of deceit. But a lot of guys fail to realise that the seller of the drugs is no different from the buyer.

"If someone breaks into my mother's house I am going to be mad. But I have to ask myself why it is they are breaking in - I am part of that cycle.

"I have a lot of knowledge to pass on to those who think that the street life is glamorous."

But, in the eyes of the law, Franks remains a murderer.

"Even though Teiko Furbert has confessed to being the trigger man, it doesn't change anything," said Franks' lawyer Mr. Pettingill.

"It doesn't matter that he didn't pull the trigger, the fact is he went round intending to do GBH. He can't appeal the decision any more, but he is a model prison and maybe could be eligible for early release.

"He really is a nice guy, the sort of guy you would want to invite round for dinner."

This is not a view shared by Sandra Caines, who is still struggling to get over the death of her son seven years ago.

Caines was sitting with friends smoking crack at a Curving Avenue house when a gun was fired into the room from outside.

The bullet struck his left cheek, exited the right side of his neck and embedded in his right shoulder.

He miraculously then managed to run about a quarter-of-a-mile back to his home where he died on his porch in front of his family, an hour after the 9 p.m. shooting.

"I watched my son die," Mrs. Cyrus told The Royal Gazette.

"And so did my grandchildren, his children. It's too much stress for me. I don't need to be picking up the paper and seeing Sheldon Franks on the front page talking about being an artist.

"In Bermuda murderers get everything. This is a nightmare for me, I have never got over his death. I don't care what he says, people can't change, and this man killed my son.

"If he is so sorry, such a changed person, than why can't he get in touch and say sorry to me?"