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

July 18, 2025
On July 18, 2025, Judge Mark Dudley sentenced Norman Anderson (64 of Anderson) to forty-five (45) years to be executed at the Indiana Department of Correction. Anderson was convicted last month following a jury trial for Dealing in Cocaine, a Level 2 felony, and the Habitual Offender Enhancement. Anderson received a sentence of twenty-seven (27) years for Dealing in Cocaine enhanced by an additional eighteen (18) years due to his habitual criminal history. At trial, the State’s case was presented by Deputy Prosecutors Matt Savage and Tyler Piraino. The case was investigated by Officer Nathan Smith of the Anderson Police Department.
July 18, 2025
On July 17, 2025, a Madison County Circuit Court 1 jury found Wade Turner Jackson, Jr., (36 of Anderson) guilty of eleven (11) counts following a three-day jury trial. Jackson was found guilty of the following offenses: Count I: Battery by Means of a Deadly Weapon, a Level 5 felony; Count II: Unlawful Carrying of a Handgun, a Class A misdemeanor; Count III: Invasion of Privacy, a Class A misdemeanor; Count IV: Criminal Mischief, a Class B misdemeanor; Count V: Unlawful Carrying of a Handgun, a Level 5 felony; Count VI: Criminal Recklessness, a Level 6 felony; Count VII: Intimidation, a Level 5 felony; Count VIII: Unlawful Carrying of a Handgun, a Class A misdemeanor; Count IX: Unlawful Carrying of a Handgun, a Level 5 felony; Count X: Possession of Cocaine, a Level 6 felony; Count XI: Dealing in a Schedule I Controlled Substance, a Level 2 felony. Judge Angela Warner Sims set Jackson’s sentencing for August 18, 2025, at 9:00 am, where he faces a possible sentence of twelve (12) to forty-two (42) years. At trial, the State’s case was presented by Deputy Prosecuting Attorneys Jennifer Haley and Grainne Kao. The case was investigated by Det. Brett Webb of the Anderson Police Department.
July 17, 2025
On July 17, 2025, a Madison County Circuit Court 3 jury found Joseph Martin Jones (59 of Anderson) guilty of Dealing in Methamphetamine, a Level 2 felony, Dealing in a Narcotic Drug, a Level 2 felony, and Dealing in Methamphetamine, a Level 4 felony, following a two-day jury trial. Judge Andrew Hopper set sentencing for Wednesday, August 13, 2025, at 8:30 am, where Jones faces a possible sentence of ten (10) to thirty (30) years. At trial, the State’s case was presented by Deputy Prosecuting Attorneys Gina Koorsen and Jack Slay. The case was investigated by Deputy LeeAnn Dwiggins of the Madison County Sheriff’s Department and other members of the Madison County Drug Task Force. The jury deliberated for 44 minutes.
July 14, 2025
On July 9, 2025, Judge Andrew Hopper sentenced Robert Hendricks to forty seven (47) years, with 40 years to be executed at the Indiana Department of Correction and 7 years on probation. Earlier on June 6, 2025, on the eve of trial, Hendricks pleaded guilty to three counts of Dealing in a Narcotic Drug, a Level 2 felony; four counts of Dealing in Cocaine, a Level 2 felony; Conspiracy to Commit Dealing in a Narcotic Drug, a Level 5 felony; Conspiracy to Commit Dealing in Cocaine, a Level 5 felony; Dealing in Cocaine, a Level 3 felony; and Money Laundering, a Level 6 felony. Hendricks was also found to be an Habitual Offender. From October 2023 through April 1, 2024, the Narcotics Unit at Anderson Police Department investigated Robert Hendricks’ drug dealing operation in Anderson. Under the leadership of Sergeant Keith Gaskill, and because of the Unit’s tireless efforts and constant vigilance, detectives Lance Blossom, Tyler McKeon, Chris Frazier, LeeAnn Dwiggins, and Sierra Cunningham, were able to identify and arrest other customers and associates of Hendricks. In partnership with the Madison County Prosecutor’s Office and the Indiana State Police, the Narcotics Unit sought and was granted a lawful wiretap order to monitor Hendricks’ communications. Officers conducted multiple controlled purchases and monitored the communications of Hendricks, ultimately dismantling his distribution efforts and ending his ability to profit at the expense of the citizens of Madison County. The Narcotics Unit seized approximately 280 grams of fentanyl/ suspected fentanyl and approximately 105 grams of cocaine that they were able to attribute to Hendricks, either through direct purchases from him or from seizures from his customers during the wiretap. The case was prosecuted by Deputy Prosecutor Jesse Miller.
July 8, 2025
James Peavler received a forty-five (45) year sentence to be served fully executed at the Indiana Department of Correction. Peavler was convicted last month following a jury trial for Burglary Resulting in Serious Bodily Injury, a Level 2 felony, and Battery Resulting in Serious Bodily Injury, a Level 5 felony, as well as the Habitual Offender Enhancement. On July 8, 2025, Judge David Happe sentenced Peavler to twenty-five (25) years enhanced by an additional twenty (20) years for the Habitual Offender Enhancement for an aggregate sentence of forty-five (45) years to be served at the Indiana Department of Correction. At trial, the State's case was presented by Deputy Prosecutors Grainne Kao and Tyler Piraino. The case was investigated by Officer Brandon Boles of the Anderson Police Department.
More Posts