On Tuesday, a Lamar County jury convicted Marvin Lynn Fleming, Jr., 33, of Assault by Impeding Breath-Family Violence, Assault-Family Violence with a Previous Conviction, and Unauthorized Use of a Vehicle after a full day of evidence and deliberations, as well as a half-day punishment phase, according to First Assistant District Attorney Benjamin I. Kaminar.
“The defendant assaulted his ex-fiancée in her car while they were in the McDonald’s drive-thru,” said Kaminar. “When she tried to scream for help, he clamped one hand over her nose and mouth to prevent her from breathing and left visible finger marks on her neck that were photographed by police.” Jurors heard testimony from a McDonald’s employee who saw the victim in distress and called for help, as well as from another customer who saw part of the assault. “When the victim escaped from her car, Fleming stole it, fled the scene, and was eventually caught at Cooper Lake.”
The jury heard testimony from the victim as well as a number of recorded calls the defendant made from the Lamar County jail. In his phone calls, the defendant admitted to being in an “uncontrollable rage” and asked the victim to tamper with witnesses to help his case. In the punishment phase, the jury heard about the defendant’s previous felony convictions, as well as his history of violence against the victim.
“The victim in this case bravely got on the stand and told the jury her story,” said Assistant District Attorney Nick Stallings. “It was compelling and the jury made very clear what they thought about this defendant’s actions and history of violence.”
Fleming was sentenced to 70 years on the impeding breath charge, 20 years on the assault with previous conviction, and 2 years on the unauthorized use charge. He was also assessed the maximum fine of $10,000 on each count.
“Today, our citizens took a stand against domestic violence in our community,” Lamar County District Attorney Gary Young said. “I’m proud of their work in this case and the message they sent with their sentence.”
The case was tried in the 6th District Court before Judge Wes Tidwell. Benjamin Kaminar and Nick Stallings prosecuted the case on behalf of the State. Fleming was represented by Michael Mosher.