Fleming accepts plea for aggravated assault

Fleming accepts plea for aggravated assault News Staff Fri, 10/04/2024 - 10:18 am

• (YCSO | CONTRIBUTED PHOTO) Damaion Maurice Fleming Jr., 32, accepted a plea Wednesday, Oct. 2 of five years deferred adjudication community supervision.

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Thomas Wallner editor@grahamleader.com

An Olney man accepted a plea deal this week on charges of aggravated assault with a deadly weapon and unlawful possession of a firearm by a felon from a February 2023 offense.

Damaion Maurice Fleming Jr., 32, accepted a plea Wednesday, Oct. 2 of five years deferred adjudication community supervision. Conditions of his community supervision include 320 hours of community service and not possessing or purchasing a firearm.

According to a release from the Young County Sheriff’s Office, YCSO and Olney Police Department responded to a call at 301 Commerce St. in Newcastle around 6 a.m. Feb. 27, 2023 in reference to a physical disturbance involving a firearm.

Dispatch advised responders that the reporting party informed YCSO the firearm had been taken away from Fleming and they were holding him at gunpoint.

After further investigation, Fleming was placed under arrest for allegedly displaying a firearm during an alleged assault on his fiancé.

Fleming was indicted on the two charges which were enhanced due to previous offenses.

The indictment states that Fleming did possess a firearm before the fifth anniversary of his confinement following a conviction in December 2020 of engaging in organized criminal activity in the 97th District Court of Archer County.

His indictment for the charge of aggravated assault with a deadly weapon states he threatened his fiancé.

“(Fleming did) intentionally and knowingly threaten (the victim) with imminent bodily injury by pointing a firearm at (her) back and threatening to kill her, and used or exhibited a deadly weapon, namely a Ruger 10-22 revolver, during the commission of the assault,” the indictment states.

The punishment for the charge of unlawful possession of a firearm by a felon was enhanced from a third-degree felony to a second-degree felony due to being a repeat felony offender. According to the indictment, Fleming was convicted of aggravated assault with a deadly weapon April 14, 2014 in the 90th Judicial District Court of Young County.

According to 90th Judicial District Court records, in April 2014, Fleming pleaded true in a motion to adjudicate and received six years imprisonment in the institutional division of the Texas Department of Criminal Justice.

The punishment for the charge of aggravated assault with a deadly weapon was enhanced to life imprisonment or not more than 99 years or less than 25 years due to Fleming being a habitual felony offender.

According to the indictment, along with the 2014 conviction for aggravated assault with a deadly weapon, Fleming’s conviction of engaging in organized criminal activity was used to enhance the felony.

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