De'Torio Fleming's Conviction Affirmed on Appeal
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.
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