ANDERSON — The 16-year-old charged in connection with the Sunday shooting death of 17-year-old Andon Oliver made his initial court appearance Wednesday before Criminal Magistrate Kevin Eads.
De’torio Fleming, 1500 block of Chesterfield Drive, is charged with murder and a Class A misdemeanor charge of carrying a handgun without a license.
There were no family members present during the video hearing at the Madison County Government Center.
Fleming said his parents are in the process of hiring an attorney, but didn’t know who that was.
Fleming said he didn’t understand the rights advisory video, and Eads outlined his constitutional rights.
A not guilty plea was automatically entered for Fleming by Eads.
Madison County Prosecutor Rodney Cummings said Fleming is being charged as an adult and is being detained without bond at the Madison County Juvenile Detention Center.
Cummings said any offender under the age of 18 is housed at the Juvenile Detention Center and not the Madison County Jail.
Fleming turned himself in at the Anderson Police Department on Tuesday night.
Oliver was found in his car at the baseball diamond near Sun Valley Town Homes in Anderson with a gunshot wound in his chest.
He was taken to Ascension St. Vincent hospital in Anderson and later pronounced dead.
According to the probable cause affidavit, a witness said Oliver was with her at a party on Sunday and said he was leaving to go “make a play.” She said that meant he was going to sell marijuana, an activity the witness said he was involved with.
The witness said they drove to the Fairview apartments (Sun Valley Town Homes), where they met with Fleming, who asked if Oliver was “moving with poles,” meaning a handgun.
According to the witness, Oliver said he wasn’t carrying a handgun and asked if it was a legitimate sale of marijuana.
The witness said Fleming walked up to their car where Oliver was weighing the marijuana on a digital scale on his lap.
She said she saw Fleming reach onto his right hip with his right hand and produce a handgun, which he pointed at Oliver and demanded all the marijuana.
She heard a gunshot and Oliver said he had been shot, the affidavit said. The car Oliver was driving struck a retaining wall, spun over the curb and came to a stop in the adjacent baseball diamond.
When police arrived, the witness identified Fleming as the shooter.
If convicted, Fleming faces a possible prison sentence of 45 to 65 years on the murder charge.