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

September 18, 2026
On Friday, September 18, 2026, Judge David Happe sentenced Matthew Deprez (41 of Elwood) to an aggregate sentence of twenty (20) years with seventeen (17) years to be executed at the Indiana Department of Correction and three (3) years suspended to Reporting Probation. The Court also ordered Deprez to register as a sex offender for life and found Deprez to be a sexually violent predator. On August 21, 2026, a Madison County Circuit Court IV jury found Deprez guilty of two counts of Child Molest as Level 4 felonies. Under Indiana law, a Level 4 felony carries a possible sentence of 2-12 years. At trial, the State's case was presented by Deputy Prosecutors Grainne Kao and Tyler Piraino. The case was investigated by Det. Caitlin Morency of the Madison County Sheriff's Department.
September 11, 2026
On Friday, September 11, 2026, Judge Mark Dudley sentenced Daniel Manning (39 of Anderson) to a total sentence of fifty (50) years with forty (40) years executed at the Indiana Department of Correction and ten (10) years suspended to probation. The Court also ordered Manning to register as a sex offender for life and found Manning to be a sexually violent predator. On August 14, 2026, Manning pleaded guilty as charged pursuant to a plea agreement to two counts of Child Molesting, Level 1 felonies, two counts of Child Molesting, Level 4 felonies, two counts of Sexual Misconduct with a Minor, Level 4 felonies, and two counts of Sexual Misconduct with a Minor, level 5 felonies. The State's case was presented by Deputy Prosecutor Dan Kopp. The case was investigated by Det. Matt Kopp of the Anderson Police Department.
September 10, 2026
On September 9, 2026, following a two-day trial, a Madison County Circuit 4 jury found Demarcus Henning (48 of Indianapolis) guilty of Possession of Methamphetamine, a Level 5 felony, and Resisting Law Enforcement, a Class A misdemeanor. Following the jury's verdict, Henning admitted to being a Habitual Offender. Judge Happe set Henning's sentencing for October 13, 2026, where he faces a sentence of 1-6 years on the underlying conviction of Possession of a Methamphetamine, a Level 5 felony, which can be enhanced by a period of 2-6 years due to Henning's criminal history for a maximum possible sentence of 12 years. At trial, the State's case was presented by Deputy Prosecutors Tyler Piraino and Jacob Bradshaw. The case was investigated by Deputy Blake Callahan of the Madison County Sheriff's Department.
August 28, 2026
On August 28, 2026, following a three-day trial, a Madison County Circuit Court 1 jury found Nathaniel Lange guilty as charged of one count of Child Molesting, a Level 4 felony. Following the jury's verdict, Judge Angela Warner Sims remanded Lange to the Madison County Jail and set sentencing for Monday, October 5, 2026, at 10:00 am. Under Indiana law, a Level 4 felony carries a possible sentence of 2-12 years. At trial, the State's case was presented by Deputy Prosecutors Dan Kopp and Jon Jones. The case was investigated by Officer Jason Girt of the Edgewood Police Department.
August 21, 2026
On Friday, August 21, 2026, a Madison County Circuit Court IV jury found Matthew Deprez (41 of Elwood) guilty of two counts of Child Molest as Level 4 felonies. Following the jury's verdict, Judge David Happe remanded Deprez into the custody of the Madison County Sheriff's Department and scheduled his sentencing for September 22, 2026, where he faces a possible sentence of 2-24 years. At trial, the State's case was presented by Deputy Prosecutors Grainne Kao and Tyler Piraino. The case was investigated by Det. Caitlin Morency of the Madison County Sheriff's Department.
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