August 31, 2006 at 6:44 a.m.
County Attorney Katherine Johnson said the grand jury indicted on one count first degree, along with one count second degree and two counts of assault in the second degree with a dangerous weapon.
Fleming is being held in jail, in lieu of bail bond. There is a bond hearing and omnibus scheduled for today (Thursday). Fleming’s attorney Steven Grigsby has asked to reduce Fleming’s bail amount, but Assistant County Attorney Draybeck; in court Monday this week before Judge Douglas Swenson, said the county will seek to increase bail to $1.5 million in light of the indictment.
Fleming was apprehended July 22 in Lindstrom just hours after the early morning shooting death of Martin Carlson, of Center City. Carlson died of injuries from a single bullet to the head, allegedly at the hand of Fleming.
A tentative trial is set for early October but Fleming’s attorney has also submitted a motion for dismissal based on discovery discrepancies. Judge Swenson directed that the probable cause hearing (today) will proceed as scheduled but the court could also address the defense motion depending on how satisfactorily discovery issues were addressed following Monday’s hearing. Draybeck supplied Grigsby with a stuffed, large overnight-courier style envelope that she said should satisfy evidentiary issues.
Fleming sat quietly during Monday’s court appearance on the new first degree charge.