Theo Fleming Sentenced To 30 Years

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Updated: 1/27/2011 4:47 pm Published: 12/02/2010 9:40 pm

UPDATE -- 18-year-old Theo Fleming has been sentenced to 30 years in prison for second-degree murder.

Associate District Judge Matthew Henry imposed a 30-year prison term and a $10,000 fine for the murder of Kaitlyn Finnegan.  Finnegan was fatally shot on April 4th, 2009.  On December 3rd, 2010 jurors found Fleming guilty of second-degree murder. 

Fleming is required to serve 85 percent of his sentence, about 25 years, before he is eligible for parole or release from prison. 

  -- A jury has found Theo Fleming guilty of second degree murder in the shooting death of Kaitlyn Finnegan. The jury recommends a sentence of 30 years in prison with the option for parole once 85% of the sentence has been served.

TULSA, OK -- Jurors are expected to hear closing arguments in the case where a teen is accused of killing a Bishop Kelley student in April, 2009.

Theo Fleming, 18, is charged with Second-Degree Murder in connection to the death of Bishop Kelley Senior Kaitlyn Finnegan.

Fleming’s attorney says it was accident.

FOX23’s Abbie Alford was in the courtroom as the jury heard from the last witness.

Each day Finnegan’s family fills the courtroom wearing purple, the student’s favorite color.

When the medical examiner took the stand her family heard if it was possible that Fleming could have accidentally shot Finnegan.

In the courtroom, the medical examiner told the jury that there was no reasonable medical certainty that Finnegan was shot on accident.

Reports show the two along with a group of friends were hanging out at a house the night Finnegan died.

The defense attorney, Thomas Mortensen, believes Fleming and Finnegan were messing around when the gun went off, hitting Finnegan on accident.

The defense says testimony from a friend who was there during the shooting shows that Fleming said, “The trigger went off, the trigger went off, it was an accident.”

A friend who was in the room during the shooting told the jury he thought he heard Fleming jokingly say, “’I'm going to pop you.” The gun went off after that and Finnegan died.

Reports also show Fleming and friends rushed Finnegan to the hospital and then he told officers it was a drive-by shooting but then changed his story.

Finnegan’s family does not believe it was an accident.

The judge denied Mortensen’s motion for a mistrial because of evidence.

Fleming also told the judge he did not want to testify.

Closing arguments are scheduled for 9 a.m. Friday.

Fleming is charged with Second-Degree Murder which carries anywhere from ten years to life in prison.


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The views expressed here do not necessarily represent those of KOKI FOX23 - Tulsa

trojan11 - 8/1/2011 4:59 AM
0 Votes
I personally knew this kid back when I was in first grade in Ms. Wedding's classroom with him. It's sad he chose this path before life even started. You all can say it's because of his race, maybe. You can say it was the parents of both him and the victim's fault and they should have had better control of their kids, maybe. You can say it America's profuse availability of gun and we should have better gun controls, maybe. You can say it was the education system for not teaching them to think smart instead of acting like dumb-donkeys, maybe. We can say a lot of things in hindsight but the best course of action is to not have another teenager from Oklahoma or in any part of the USA be killed in this manner. Hopefully we can live a better life by forgiving and forgetting when he gets out and that we as a community can help him and all those like him to see the error of his ways during his time in jail. With that, it's been a great 12 years and hopefully when I get back, everything will be better. Jenks Graduate Class '11

slimjim - 1/28/2011 10:58 AM
0 Votes
I have a feeling that the "young boy toy" will wish he had got the death sentence after 25,at best, in time.

watchdog1 - 1/27/2011 5:44 PM
0 Votes
msmomwhocares, let me get this straight, you think the person on the phone shot her, not Theo? Come on lady, you have got to be shi**ing me, he lied first, then admitted he shot her, the only point of contention is whether or not he meant to, well, you don't go to a party with a gun unless you plan to use it first of all, and you don't stick a gun up in someones face and say you are going to pop them, then claim it was an accident, and most important,you are "TRIED BY A JURY OF YOUR PEERS", I am pretty sure his peers are'nt old rednecks, so either you weren't there and don't have a clue who was on the jury, or you are just trying to create a racial motive, that kid is a murderer, he should have been charged for first degree just because he took the gun which suggests he planned to kill her, he was angry with her at the time, and the fact that he told her he was going to shoot her, that is pre-meditation and intent, he is lucky he didn't get the death sentence.

msmomwhocares - 12/16/2010 12:45 AM
0 Votes
Bottom line is, and I still cant believe the jurors had no reasonable doubt about this is:"IF" Dillon Bilby heard Alex talking to someone on the phone the night after about the incident and saying "supposedly" "they were arguing and Theo said"im gonna pop her" to Alex and Alex said" no your not" Then Theo said "bet that" and shot her then WHERE is the person Alex was supposedly talking to... Do you know how easy it wouldve been to look up his phone records and bring in the witness.. WHERE ARE THEY????????NO witness. Everything Bilby said was hearsay.. The jury did not even listen to what the witnesses that were there said..Of course when I saw the potential jurors come out I knew Theo had NO chance in hell!!!Rednecks and older people that dont agree with whites being with blacks anyway...I want to hear from THAT person that Alex was supposedly talking to and until then you cannot convince me...

watchdog1 - 12/10/2010 12:46 PM
0 Votes
croberson...first Theo was heard yelling and arguing with the girl, then heard (by all the kids including the black ones) telling the girl he was gonna pop a cap in her a**, then he shot her, and last, he lied to the police. This wasn't a racially motivated conviction, he shot her on purpose because he was mad at her, get over it, white people go to jail for murder and manslaughter every day, you need to look at the crime stats involving blacks before you scream racism, you just sound like another pathetic, self-pitying black loser who uses his color as an excuse and crutch instead of becoming successful,a good example for other black kids, and representing his race with pride and integrity. I will help you and your baggy pants clown friends pack if you are serious, we won't miss any of you jokers walking around with your butts hanging out.

slimjim - 12/6/2010 8:28 PM
2 Votes
Come on croberson, give it up. It's always that race excuse when things don't go the way YOU WANT. Were there any blacks on that jury? Why did he even have a gun in his possession? You don't believe he shot the girl ON PURPOSE. The fact remains HE SHOT THE GIRL. So you don't allow your child to hang out with white people. ISN'T THAT RACIST? I guess you're saying that all white people are bad and racist. WELL, it's YOU that brought up the race card. If you think Oklahomans are ignorant and you're not proud to say you're an okie, then my advice to you is move. Go somewhere you're feel more at home like California, Chicago, Detroit, etc. Are you gonna cry racism, when lil Theo becomes somebody's boy toy in prison? By the way croberson, have you ever checked the number of Black organizations compared to the number of White organizations? Have you ever heard of a Mrs. White America pageant? Have you heard of White Educational TV? Pleaseeeee don't start that racism whining. I am white and some of the finest people I have ever known, and some of my closest friends are black. It has nothing to do with the color of the skin, it's what is in the heart. FYI, I personally know of a individual(white) who was given a 1 year prison sentence (probation) and a fine for calling a mixed blood black/white a nxxxxx. Have you ever heard of a black receiving a sentence for calling a white honky or cracker? I didn't think so. Black or white, Theo was a little punk with a gun who committed a crime and deserves what he got, ( will get). Have a nice 30 years Theo.

45gap Carrier - 12/6/2010 7:57 AM
1 Vote
@croberson-- It's people like you that make racism a hot topic in oklahoma, I noticed no one else brought the racism card out. For some reason I feel like young african american men choose there destiny and poor lil theo chose his....

croberson - 12/5/2010 4:08 PM
0 Votes
I am not surprised the jury found him guilty. That is usually what happens to young black men in the Tulsa Judicial system. I don't believe that he shot the girl on purpose. But all the white people want to believe that. I know it was racially motivated and that is why I don't allow my child to hang out with white people. When something happens, it's always the black kid that is the criminal. It's really sad that this had to happen. If Fleming was white the results would have been far different. It just shows how ignorant Oklahomans are, and I'm not proud to say that I am an Okie.

slimjim - 12/4/2010 6:08 PM
2 Votes
Wonder how many cartons of cigarettes he'll bring at auction?

Asguard - 12/4/2010 5:15 PM
3 Votes
thats so sad he only got 30 years well at least he will get to meet bubba while he's in the Pen that right there is the best punishment he could get gonna be someones boy friend for the next 30 years
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