De'Torio Fleming's Conviction Affirmed on Appeal

December 6, 2023

Indiana Court of Appeals Affirms De'Torio Fleming's 64-year Sentence for Murder

The Indiana Court of Appeals has affirmed De'Torio Fleming's conviction and 64-year sentence for the 2021 Murder of Andon Oliver. 


On January 3, 2021, Andon Oliver was in contact with De'Torio Fleming over Facebook Messenger about selling marijuana to Fleming.  After agreeing on an amount and a price, Fleming told Oliver to drive to Fairview Apartments in Anderson, Indiana to make the exchange.  When Oliver arrived, Fleming approached the car, pulled out a gun, and demanded that Oliver "give him all the weed."  Oliver replied, "please don't do this" and attempted to drive away.  Fleming fired one shot which stuck Oliver in the chest and Oliver was later pronounced dead at the hospital.  The case was investigated by Detective Chris Frazier of the Anderson Police Department and Fleming was arrested for the death.


At trial, the State's case was presented by Prosecutor Rodney Cummings, Chief Deputy Prosecutor Andrew Hanna, and Deputy Prosecutor Cathy Wilson.  A Madison County Circuit Court 6 jury found Fleming guilty of  Murder, a felony, Attempted Armed Robbery, a Level 3 felony, and his sentence was enhanced due to the use of a firearm in the commission of the crimes.  Judge Mark Dudley sentenced Fleming to an aggregate sentence of sixty-four years executed in the Indiana Department of Correction. 


Fleming appealed the conviction and sentence arguing the trial court abused its discretion when it admitted a photograph of Fleming's hands taken during trial and that the trial court abused its discretion when it sentenced Fleming.  In an opinion issued December 6, 2023, the Indiana Court of Appeals held that the photograph of Fleming's hands was relevant and its probative value was not substantially outweighed by the risk of unfair prejudice, and therefore, the trial court did not abuse its discretion in admitting the photograph.  Furthermore, the Court of Appeals held that even though the trial court may have improperly considered "multiple counts" as an aggrevating factor, due to other considerations, remand for resentencing is unnecessary. 



Madison County Prosecutor's Office News

Kyree Craver Found Guilty of Murder and Criminal Organization Enhancement

May 18, 2026
On Monday, May 18, 2026, following a five-day trial, a Madison County Circuit Court 4 jury found Kyree Craver (19 of Anderson) guilty of the following offenses: Count 1: Aiding, Inducing, or Causing Murder, a felony; Count 2: Attempted Murder, a Level 1 felony; Count 3: Conspiracy to Commit Murder, a Level 2 felony; Count 4: Dangerous Possession of a Firearm, a Class A misdemeanor; Count 5: Criminal Organization Activity, a Level 5 felony; and Count 6: Criminal Organization Enhancement. Craver's charges stem from the February 2, 2025 shooting death of 26-year-old Dayla Swain outside of Sonny Ray's in Anderson. Judge David Happe set Craver's sentencing for June 23, 2026, where he faces a maximum possible sentence of 176 years. The case was investigated by Det. Brett Webb of the Anderson Police Department. The State's case was presented by Deputy Prosecutors Tyler Piraino and Jesse Miller.

Andres Guarjardo Sentenced to 46 Years

May 18, 2026
On Tuesday, May 7, 2026, Judge David Happe sentenced Andres Guajardo to 46 years with 40 years to be executed at the Indiana Department of Correction and 6 years suspended to formal probation. On March 25, 2026, Andres Guajardo pleaded guilty as charged to the following offenses: Count 1: Child Molesting, a Level 1 felony; Count 2: Child Molesting, a Level 4 felony; Count 3: Sexual Misconduct with a Minor, a Level 4 felony; Count 4: Sexual Misconduct with a Minor, a Level 5 felony; and Count 5: Child Molesting, a Level 1 felony. Judge Happe also found Guajardo to be a Sexually Violent Predator and ordered him to register as a Sex Offender for life. The case was investigated Nolan Schaefer of the Anderson Police Department. The State's case was presented by Deputy Prosecutor Dan Kopp.

Marcus Randall Sentenced to 40 Years in Prison

May 18, 2026
On Monday, May 18, 2026, Judge Angela Warner Sims sentenced Marcus Randall (48 of Anderson) to 43 years to be executed at the Indiana Department of Correction. On April 6, 2026, Randall pleaded guilty to the following offenses: Count 1: Dealing in Cocaine, a Level 2 felony; Count 2: Dealing in Cocaine, a Level 2 felony; Count 3: Dealing in Cocaine, a Level 2 felony; Count 4: Dealing in Narcotic Drug, a Level 2 felony; Count 5: Possession of Cocaine, a Level 6 felony; and Count 6: Habitual Offender Enhancement. On Monday, May 18, 2026, Randall was sentenced to 25 years for Counts 1-5 enhanced by an additional 15 years for the Habitual Offender Enhancement for a total sentence of 40 years to be executed to the Indiana Department of Correction. The case was investigated by Detective Chris Frazier of the Anderson Police Depar tment's Narcotics Unit. The State's case was investigated by Deputy Prosecutor Jennifer Haley.

Marquan Robinson Sentenced to 21 Years in Prison

May 18, 2026
On Monday, May 18, 2026, Judge Angela Warner Sims sentenced Marquan Robinson (30 of Anderson) to 21 years to be executed at the Indiana Department of Correction. On March 16, 2026, Robinson pleaded guilty under 48C01-2509-F3-002675 to: Count 1: Possession of a Narcotic Drug, a Level 3 Felony; Count 2: Possession of Methamphetamine, a Level 3 Felony; Count 3: Intimidation, a Level 5 Felony; Count 4: Criminal Recklessness, a Level 6 Felony; Count 5: Operating a Vehicle While Intoxicated Endangering a Person, a Class A Misdemeanor; and Count 6: Unlawful Possession of a Firearm by a Serious Violent Felon, a Level 4 Felony. And, under 48C01-2601-F5-000041 Robinson pleaded guilty to Count 1: Battery Resulting in Serious Bodily Injury, a Level 5 felony. On May 18, 2026, Robinson received an aggregate sentence of 21 years to be executed at the Indiana Department of Correction. 48C01-2509-F3-002675 was investigated by Deputy Samir Khan of the Madison County Sheriff's Department and 48C01-2601-F5-000041 was investigated by Officer Zachary Saylor of the Anderson Police Department. The State's cases were presented by Deputy Prosecutor Jennifer Haley.

Dayqawn Peoples Convicted of Dealing Resulting in Death

April 17, 2026
On April 17, 2026, a Madison County Circuit 4 jury found Daqawn Peoples (33 of Anderson) guilty of Dealing in a Controlled Substance Resulting in Death, a Level 1 felony, Dealing in a Narcotic Drug, a Level 2 felony, and Unlawful Possession of a Firearm by a Serious Violent Felon, a Level 4 felony. The charges stem from the January 22, 2025 overdose death of Morgan Whetsel. Judge David Happe set Peoples' sentencing for June 2, 2026, at 1:30 pm where he faces a maximum possible sentence of 52 years. At trial, the State's case was presented by Deputy Prosecutors Tyler Piraino and Jesse Miller. The State's case was investigated by Det. Lance Blossom of the Anderson Police Department.
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