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Archive for Friday, May 28, 2010

No charges planned in March post-fight death

District Attorney Charles Branson said there wasn't sufficient evidence to press charges on a homeless man after Lawrence resident Douglas Fleming's death.

May 28, 2010

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Douglas County District Attorney Charles Branson said Friday his office won’t file criminal charges in the March death of Lawrence resident Douglas Fleming.

Lawrence police officers found Fleming’s body at his Old West Lawrence home March 30. Fleming, 46, was involved in a fight with a 36-year-old homeless man two days earlier and had declined medical attention.

Officers initially arrested the 36-year-old man on an involuntary manslaughter charge, but he was released from jail after Branson’s office asked for more time to review.

“After an exhaustive review of investigative reports, recorded interviews, coroner reports and medical records, and finally a meeting with the coroner, there was insufficient facts to establish probable cause that a crime was committed,” Branson said in a statement.

Fleming called police on March 28 and said he was injured in the fight with the man, who had been staying at his home. Branson said Fleming told police he struck the acquaintance first and a fight ensued.

The 36-year-old man also told officers he was attacked by Fleming and had defended himself. When police were called to check at the house on March 30, they found Fleming’s body.

According to Lawrence police, Fleming died from a head injury.

Branson said his office didn’t have probable cause to file charges because Fleming admitted he was the initial aggressor and officials were unable to determine “what, if anything” happened to Fleming between March 28 and March 30.

Comments

Steve Jacob 4 years, 7 months ago

"Branson said Fleming told police he struck the acquaintance first and a fight ensued."

Right there, they had no chance.

booklover 4 years, 7 months ago

But he didn't "club him to death". They had a fight, which Fleming admits he started TWO DAYS before he died. It was Fleming choice to refuse medical treatment. A big mistake when it involves a head injury. Its a very sad situation for all involved, but not a murder or even manslaughter. Just stupidness. Sadly just stupidness.

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