CLINTON TWP, Mich. (Michigan News Source) – In a stunning display of courtroom leniency, Derricka Fleming, a 25-year-old woman from Clinton Township, avoided jail time despite being found responsible for the death of her 5-year-old son, Lamar Mitchell.

The child tragically froze to death after being left unattended in the middle of winter. Fleming, who pleaded no contest to involuntary manslaughter recently, received a mere two years of probation from Macomb County Circuit Judge Kathryn Viviano.

A sentence beyond belief and a lawyer’s delight.

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Fleming’s attorney, Noel Erinjeri, was understandably thrilled with the sentence, calling it “absolutely 100% the best sentence she could’ve gotten.” Erinjeri initially wanted to take the case to trial but ultimately advised Fleming to plead no contest to avoid putting Lamar’s father through the ordeal of a trial.

Erinjeri called what his client did a “mistake.” Fleming used similar words in describing her actions, appearing to not adequately grasp the gravity of what she did to contribute to her son’s death when she appeared in the courtroom calling what she did “irresponsible,” “childish,” and “naive.”

However, her expressions of regret were seemingly sufficient to sway the court’s decision, leading to a sentence that many, including the prosecution, find shockingly lenient.

Prosecution’s protest.

Assistant Macomb Prosecutor Stephanie Stager made it clear that the probationary term was opposed by her office. The sentencing guideline range for the minimum term was 10 to 23 months behind bars, with a maximum penalty for manslaughter of 15 years in prison.

County Prosecutor Peter Lucido stated, “While we respect the court’s decision, our office firmly believed that confinement was warranted in this tragic case.” It seems the court’s respect for a child’s life fell short of the prosecution’s expectations for justice.

Lucido’s sentiments reflect the bewilderment many feel about this case. He emphasized the need for incarceration to underscore the severity of the crime and seek justice for the young life lost. The fact that the court chose probation instead has left many questioning the efficacy and fairness of our justice system.

Patterns of neglect.

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This wasn’t an isolated incident either. Evidence presented in court showed that Fleming had a disturbing pattern of leaving her son alone at night to visit her boyfriend just like she did the night of her son’s death. Lamar had gotten out of the building just 20 days before his death, before his mom, who was reportedly smoking marijuana with her boyfriend, discovered him missing.

On the night of Lamar death, video footage captured Lamar exiting the apartment at 12:41 a.m., only to be found nearly four hours later, frozen and wearing only a T-shirt and boxer-briefs in 20-degree weather.

Judge Viviano acknowledged the “tragedy” but expressed doubt about the effectiveness of jail time as a punishment. She pointed out that Fleming worked, didn’t abuse drugs or alcohol, and cared for her son, who was described as “happy and taken care of.” These factors, apparently, were enough to convince the court that probation was a suitable punishment for allowing a child to freeze to death.

Justice denied.

Lamar’s father, Larry Mitchell, was too distraught to attend the sentencing. His grief and sense of loss were palpable during previous court proceedings. Fleming, in her statement, despite her past actions, expressed her love for her son and the deep pain his death caused her. She described Lamar as her “whole life,” her “best friend,” and her “greatest accomplishment.”

While Fleming’s personal anguish is most likely legitimate, the court’s decision about her “punishment” raises troubling questions about accountability and justice. This case starkly reminds us that our legal system can sometimes appear woefully disconnected from the realities of justice and the value of a child’s life.