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

December 7, 2025
On December 5, 2025, following a four-day trial, a Madison County Circuit 1 jury found Shelby Langford (24 of Anderson) and Nicolas Arnett (29 of Anderson) both guilty of a Neglect of a Dependent Resulting in Catastrophic Injury and/or Death, as Level 1 felonies. The charges stem from the September 2024 death of their seventeen-month-old child, Kamryn Arnett. Judge Angela Warners Sims set Langford's and Arnett's sentencing for January 12, 2026, where they each face a maximum sentence of 40 years. At trial, the State's case was presented by Deputy Prosecutors Jennifer Haley and Samantha Green. The case was investigated by Detective Matt Kopp of the Anderson Police Department.
December 7, 2025
On December 4, 2025, following a two-day trial, a Madison County Circuit Court 4 jury found James E. Phillips (47, currently housed at Wabash Valley Correctional Facility) guilty of Count 1: Attempted Murder, a Level 1 Felony, Count 2, Prisoner Possessing Deadly Weapon, a Level 4 Felony, and Count 4: the Habitual Offender Enhancement. These charges stemmed from an October 6, 2023 incident at Pendleton Correctional Facility when Phillips, an inmate, attached Corrections Officer Jacobi Jessie with a knife. Judge David Happe set sentencing on January 9, 2026, at 9:00 am where Phillips faces a sentence of 28-60 years. At trial, the State was represented by Deputy Prosecutors Tyler Piraino and Kylie Yapp. The case was investigated by Detective Anthony Klettheimer of the Indiana State Police. 
October 30, 2025
On October 30, 2025, following a three-day trial, a Madison County Circuit Court 1 jury found Scott Eacret, Jr. (34 of Orestes) guilty as charged of seven counts: Count I, Child Solicitation, a Level 5 felony; Count II, Child Molesting, a Level 1 felony; Count III, Intimidation, a Level 6 felony; Count IV, Child Molesting, a Level 4 felony; Count V, Child Molesting, a Level 1 felony; Count VI, Intimidation, a Level 6 felony; and Count VII, Possession of Child Pornography, a Level 5 felony. Judge Angela Warner Sims set sentencing on November 24, 2025, at 8:30am where Eacret faces a sentence of 20-103 years. At trial, the State was represented by Deputy Prosecutors Dan Kopp and Kylie Yapp. The case was investigated by Brian Holtzleiter of the Alexandria Police Department.
October 22, 2025
On October 22, 2025, Judge Mark Dudley sentenced Courtney Radford (25 of Indianapolis) to a total of 77.5 years for the 2023 murder of Jared Wininger. Radford was convicted after a four-day jury trial of Murder, a felony; Felony Murder, a felony; Robbery Resulting in Bodily Injury, a Level 2 felony; Burglary, a Level 1 felony; Resisting Law Enforcement, a Level 6 felony; and Unlawful Possession of a Firearm by a Serious Violent Felon, a Level 4 felony. Radford was sentenced to the maximum sentence for Murder, 65 years, which merged with the remaining counts for the purposes of sentencing, and 2.5 years for Resisting Law Enforcement, enhanced by an additional 10 years for the Felony Firearm Enhancement for a total, aggregate sentence of 77.5 years to be executed at the Indiana Department of Correction. At trial, the State's case was presented by Deputy Prosecutors Jennifer Haley and Steve Hunt. The case was investigated by Detective Scott Bertram and Officer Jerry Branson of the Pendleton Police Department.
September 26, 2025
On September 25, 2025, following a four-day jury trial, a Madison County Circuit Court 6 jury found Courtney Radford (25 of Indianapolis) guilty of the 2023 murder of Jared Wininger as well as Robbery Resulting in Bodily Injury, a Level 2 felony; Burglary, a Level 1 felony; Resisting Law Enforcement, a Level 6 felony; and Unlawful Possession of a Firearm by a Serious Violent Felon, a Level 4 felony. Following the jury's verdict, Radford pleaded guilty to the Felony Firearm Enhancement. Judge Mark Dudley set Radford's sentencing for October 17, 2025, where he faces a sentence of 50-115 years. The State's case was presented by Deputy Prosecutors Jennifer Haley and Steve Hunt. The case was investigated by Detective Scott Bertram of the Pendleton Police Department.
More Posts