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

June 30, 2026
On June 29, 2026, following a six-day jury trial, a Madison County Circuit Court 4 jury found joint co-defendants Rashawn Samuels (19 of Anderson) and Jo'Majze Larry (15 of Anderson) guilty of the following offenses related to the February 2, 2025 shooting death of 26-year-old Dayla Swain outside Sonny Ray's in Anderson: Rashawn Samuels: Count I: Aiding, Inducing, or Causing Murder, a felony; Count II: Attempted Murder, a Level 1 felony; Count III: Conspiracy to Commit Murder, a Level 2 felony; Count IV: Criminal Organization Activity, a Level 5 felony; Jo'Majze Larry: Count I: Murder, a felony; Count II: Attempted Murder, a Level 1 felony; Count III: Conspiracy to Commit Murder, a Level 2 felony; Count IV: Criminal Organization Activity, a Level 5 felony; and Count V: Dangerous Possession of a Firearm, a Class A misdemeanor. Following the jury's verdict, both Samuels and Larry admitted to the Criminal Organization Enhancement. Judge David Happe set Larry's sentencing for July 29, 2026 at 9:00 am and Samuels' sentencing for July 30, 2026 at 9:00 am each faces a maximum possible sentence of 176 years. The State's case was presented by Deputy Prosecutors Tyler Piraino and Jesse Miller. The case was investigated by Det. Brett Webb and Det. Cora Garcia of the Anderson Police Department.
June 15, 2026
On Tuesday, June 15, 2026, Judge Angela Warner Sims sentenced Douglas White (58) to a sentence of 32 years, to be executed at the Indiana Department of Correction. On April 16, 2026, a Madison County Circuit 1 jury found White guilty of Sexual Misconduct with a Minor, a Level 4 Felony. Thereafter, White pleaded guilty to the Habitual Offender Sentencing Enhancement. Judge Warner Sims imposed the maximum sentence of 12 years for Sexual Misconduct with a Minor and enhanced the sentence by an additional 20 years for the Habitual Offender Sentencing Enhancement. The State’s case was presented by Deputy Prosecutor Jack Slay and Deputy Prosecutor Matt Savage. The case was investigated by Detective Chris Burton of the Anderson Police Department.
June 4, 2026
On June 3, 2026, a Madison County Circuit Court 1 jury found Donavan Harris (20 of Anderson) guilty of Count I: Murder, a felony; Count II: Attempted Armed Robbery, a Level 3 felony; and Count III: Criminal Confinement, a level 3 felony. Following the jury's verdict, Judge Angela Warner Sims scheduled Harris' sentencing for July 7, 2026, where he faces a maximum possible sentence of 65 years. Harris' charges stem from the shooting death of 15-year-old Jullian D. Craig, who was killed during the commission of an attempted armed robbery on November 24, 2023. The evidence presented at trial proved that Craig was armed with a handgun lying in the backseat of a vehicle driven by Harris, when the pair lured a subject into the vehicle with the promise of paying a debt owed. During an altercation inside the vehicle, the victim of the attempted robbery shot and killed Craig in self-defense. Under the doctrine of "Felony Murder", when someone commits or attempts to commit certain serious felonies, such as robbery, and a death results during the commission of that crime, the participants can be held responsible for the death. The law recognizes that some crimes are so inherently dangerous that those who choose to commit them should be held accountable for the foreseeable consequences thereof, including the loss of human life. At trial, the State's case was presented by Deputy Prosecutors Jennifer Haley and Samanthan Green. The case was investigated by Officer Travis Thompson, formerly of the Anderson Police Department, now employed by the Pendleton Police Department.
June 3, 2026
On Tuesday, June 2, 2026, Judge David Happe sentenced Dayqawn Peoples (33 of Anderson) to an aggregate sentence of 75 years. On April 17, 2026, a Madison County Circuit 4 jury found Peoples 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. Judge Happe imposed a sentence of 40 years for Dealing in a Controlled Substance Resulting in Death, a Level 1 felony, 25 years for Dealing in a Narcotic Drug, a Level 2 felony, and 10 years for Unlawful Possession of a Firearm by a Serious Violent Felon, a Level 4 felony, all to be served consecutively at the Indiana Department of Correction for a total aggregate sentence of 75 years. The charges stem from the January 22, 2025 overdose death of Morgan Whetsel. As part of the investigation, police executed a search warrant at Peoples' residence and located approximately two pounds of Heroin and a 45 caliber Glock handgun with a loaded high capacity drum magazine. The investigation also revealed evidence that Peoples had previously distributed over four pounds of Heroin. At trial, the State's case was presented by Deputy Prosecutors Jesse Miller and Tyler Piraino. The case was investigated by Detective Lance Blossom of the Anderson Police Department. Peoples criminal history was considered as an aggravator at sentencing, which includes the following convictions: 2012: Possession of Cocaine, a Class B felony; 2012: Carrying a Handgun Without a License, a Class A misdemeanor; 2013: Resisting Law Enforcement, a Class A misdemeanor; 2013: Possession of Marijuana, a Class A misdemeanor; 2013: Possession of a Controlled Substance, a Class D felony; 2013: Dealing in Cocaine, a Class B felony; 2013: Armed Robbery, a Class B felony; 2013: Resisting Law Enforcement, a Class A misdemeanor; 2014: Dealing in Cocaine, a Class B felony; 2014: Dealing in Cocaine, a Class B felony; and 2014: Dealing in Cocaine, a Class B felony.
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.
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