Defendant SENTENCED to PRISON for the Murder of 18-year-old Store Clerk

[00:00:00]Welcome back everybody to another shocking courtroom episode, huh?

[00:00:04]Lockdown 23 and one.

[00:00:10]That's right, shocking boot smoking courtroom episode once again. Today we're going to witness a defendant get sentenced for killing an 18-year-old store clerk. Per usual, before we jump into the courtroom, I'll break down the situation a little bit, but first as always, if you're new to the channel and you enjoy all things lock up and crime related, then this is absolutely where you need to be. Hit that like, subscribe, notification bell before you leave, and check out my beautifully assorted playlist with many more videos for you to start watching today. All right, for this story we're traveling down to Ohio once again. The crime occurred on the morning of September 30th, 2024 at the Elite Clothing 216 store on Euclid Avenue in Cleveland's Fairfax neighborhood. Marvin Flemings Jr. and his brother, Markel Flemings, entered the clothing store wearing masks and armed with firearms. They were reportedly searching for a specific 38-year-old male employee. The brothers drew their weapons and held the 18-year-old store clerk, Tamara Amadi, at gunpoint. While Markel guarded Amadi, Marvin moved toward the back of the room to find the 38-year-old target. A chaotic gunfire broke out inside the store. A hail of gunfire struck four people. The store clerk, Amadi, the 38-year-old employee, Markel, and Marvin himself had all been shot. But before fleeing, Marvin Flemings Jr. executed the incapacitated Amadi by shooting him three times in the chest and then stole the firearms from the business. Amadi died from his wounds at the local hospital, and I do believe that this 18-year-old store clerk was the owner as well, I think I read somewhere. But my condolences, of course, go out to his loved ones and friends. Now, the 38-year-old target that they were going after survived with wounds to his ankle and buttocks. Markel was found critically injured at the scene, while Marvin, and brother, fled on foot, but was arrested later that day when he checked himself into the hospital to get treated for his own gunshot wounds. Now, from what I read, this was an attempted robbery probably went bad. I couldn't find no photos of the 38-year-old that they targeted. And surprisingly, I couldn't find any photos of Marvin's brother, Markel. Maybe he's a juvenile, I don't know. But when the court process finishes, I'm sure a little more details and photos are going to be coming out.

[00:02:21]Either way, it's time now to witness Marvin get sentenced for his crimes.

[00:02:29]All right. Dang, old Marvin seems to have gained a few pounds back there in old D-block.

[00:02:38]Looking like a real-life Beavis.

[00:02:44]Oh my goodness gracious.

[00:02:47]Okay, let's go on the record.

[00:02:53]>> We're here on C versus Marvin Fleming.

[00:02:56]Mr. Fleming's here on two cases today for sentencing.

[00:03:00]Uh the first is case 695 853.

[00:03:05]Uh in that case, uh Mr. Fleming pled guilty to having a weapon under disability and it with a 1-year firearm specification.

[00:03:14]He's also here in case 700228.

[00:03:18]Uh this is a much more serious case. Um this case originally involved uh an indictment um which added capital murder specifications um Mr. Fleming has pled guilty to uh aggravated murder uh as amended count one with a 54-month firearm specification.

[00:03:39]And he pled guilty to felonious assault, a second-degree felony in count 15 with a 1-year firearm specification.

[00:03:46]Uh >> [clears throat] >> Miss Robertson is here on the 695 case and uh representing Mr. Fleming.

[00:03:56]Um Ms. Jameson and Mr. Mack are present on the 700 case representing Mr. Fleming.

[00:04:02]Uh the court ordered a pre-sentence investigation uh and one was not received um at all. It's my understanding Mr. Fleming refused to cooperate in the pre-sentence investigation process.

[00:04:17]Uh I don't know why the probation department did not uh complete.

[00:04:22]The other sections that do not require um Mr. Fleming's cooperation.

[00:04:29]Okay, what is the state going to present?

[00:04:32]>> Yes, thank you, Your Honor. Uh this time the state of Ohio would like this court to uh review the video surveillance that was captured and that um the Cleveland Police Department had the opportunity to uh put together.

[00:04:49]>> May I approach, Your Honor?

[00:04:51]>> Yeah, how long is it?

[00:04:53]>> Uh 2 minutes and 31 seconds.

[00:04:55]>> Okay.

[00:04:59]>> Let's see what they got because, you know, I couldn't find too much on this case.

[00:05:04]I'm kind of interested to see what um folded.

[00:05:08]Whoa, camera just is jumping around there with the uh I forgot what that setting is called.

[00:05:28]They're probably not even going to show it to us.

[00:05:35]Man, the judge gets to see some wild stuff if I were to guess.

[00:05:40]Well, not to guess, yeah, he definitely does.

[00:05:45]This is probably just like a tip of the iceberg, or just some things he's done dealt with.

[00:05:53]That Rhino lining is looking luxurious.

[00:05:59]Paired perfectly with that Egyptian Sandstone birch.

[00:06:11]Yeah, it does hit different if I were to guess, you know, being a judge, seeing everything take place right before you sentence them.

[00:06:17]Add a little extra smoke to it, you know?

[00:06:20]Bobby, get ready. Queue every canister we got. This scum bag's about to get it get full spectrum.

[00:06:32]>> Lee had been shot. That's right.

[00:06:39]That [ __ ] again.

[00:06:41]That's right.

[00:06:41]>> Uh, a double take. That is never good.

[00:06:44]That's definitely a life without parole double take.

[00:06:48]>> The version that of the video that you saw took a number of clips from inside of Lee's shoes and put them in a sequence of the event, right? So, they just show one camera angle after another.

[00:07:01]Um, but when you take some of those clips and show them side by side, um, the defendant had already shot Robert Lee um, by the time Tamir had an opportunity >> Mr. Lee's in court?

[00:07:13]>> Mr. Lee's here today, Your Honor.

[00:07:16]Um >> Mhm.

[00:07:18]>> Again, Mr. Lee was his original target as I outlined in my statement of facts in our statement of the case.

[00:07:24]>> Lee.

[00:07:25]>> there in an effort to seek revenge against this man, who the only thing he had to defend himself was a shoe box holding a pair of Nikes. But when you look at the video at that time, you can see that the defendant is already firing um, at Robert by the time Tamir is able to sufficiently defend himself against Markel.

[00:07:48]And then as the rest of the events play out, um, you know, Tamir tried to save Robert.

[00:07:56]Um, he didn't want to leave that store and leave him in the back with this other individual with the firearm, and he did what he thought he could do to save him.

[00:08:06]And it cost him his life.

[00:08:08]And as he tried to get out of the store, ultimately, the defendant stood over him, um, fired a shot into his chest, picked up the firearms, um, and then fled.

[00:08:22]Not only did the defendant commit these acts against two separate victims in this case, he also brought three other, uh, family members and defendants along with him in this matter. He, um, gave his firearms to the mother of his children, >> So, that's something I didn't read in any of the articles that they're going back for some kind of vengeance. And if I were to guess, then turned into a robbery after everything unfolded. But, got to be careful these days, man. You know, a lot of people think they're completely safe when they're at work.

[00:08:52]>> acts against two separate victims in this case, he also brought three other, uh, family members and defendants along with him in this matter.

[00:09:00]>> Mhm.

[00:09:00]>> He, um, gave his firearms to the mother of his children, uh, who he lived with at the time, Destiny Person. She then gave those firearms to the defendant's father, Martin Fleming Sr., um, who pled his case, uh, in this courtroom, as well.

[00:09:18]>> Wow.

[00:09:18]>> And he got his brother, Markel, wrapped up in this, who is, as is still to this day, uh, a yet to be arraigned co-defendant in this matter.

[00:09:27]Um, and he went to a store where Robert >> Cuz he's a quadriplegic now.

[00:09:33]>> Correct. Um, >> Oh.

[00:09:35]>> the medical records we've been able to obtain.

[00:09:37]>> Wow, what a turn of events. His brother has not been indicted on these cases because he's a quadriplegic now.

[00:09:45]Hopefully, I said that right. I always have issues with that word, but the inability to deliberately control or move muscles affecting all four limbs and the torso. So, I'm guessing from the neck down. I don't know, but yeah, they probably won't charge him unless he has maybe, you know, some kind of miraculous healing abilities to where he can start moving everything again. Then, if I were to guess, the state come back for blood.

[00:10:08]Take that life right back. I hate to speak about it like that, but you know, that's the name of the game. You've got to understand what's at risk before you step into any place with a gun trying to rob someone or get revenge. Also, man, I can't believe he got his old lady hemmed up, his dad hemmed up, brother completely handicapped, other guy shot in the ankle and butt. Like the article said, chaotic madness.

[00:10:31]>> wrapped up in this. He was asked is still to this day uh I got to be arraigned.

[00:10:36]>> And look, that's why I can't find no photos on him.

[00:10:40]>> And he went to trial where >> Cuz he's a quadriplegic now.

[00:10:44]>> Correct. Um based on the medical records we've been able to obtain.

[00:10:49]So, those are some of the other consequences that this defendant's actions uh have had.

[00:10:55]In addition to those for Tynier and his family and for Robert.

[00:11:01]He wasn't supposed to have a firearm. In fact, um and then coupled with the fact, given his prior conviction, his prior conviction for having uh a firearm specification that he pled guilty to. And importantly, he also pled to another case uh that was pending before this murder These had been investigated before this murder.

[00:11:24]>> All right. Now, we're going to fast forward just a little bit to the defendant's side of things.

[00:11:29]>> In terms of the mitigation, judge, uh we know that Marvin's only 28 years old.

[00:11:35]I like the fact that he's accepted responsibility in our written plea. We did not cause this family or any of the victim the other victim to go through the trial.

[00:11:46]And I do believe that in our conversations with him today that he's genuinely remorse.

[00:11:51]And I know that he wants to apologize to the mother, apologize to the family for the actions.

[00:11:57]Uh even though we have a resolution, it doesn't mean that we agree with every fact.

[00:12:02]He's been steadfast and he's always maintained that the reason that uh he responded and this all started again is because uh Mr. Robert Lee, who you heard from, put a gun to his head. And that is a memorable event.

[00:12:21]Was his behavior justified uh in terms of what he did in this case? Possibly not, which is the reason why he's accepted responsibility.

[00:12:29]>> This attorney is superb. He's saying the defendant accepts what he did, but he's showing the courts exactly why he did it. Unless I heard it wrong once again, I believe he said he went for revenge because dude earlier put a gun to his head. You know, that throws a whole 'nother spin on things. So, these mitigating little mini factors, if you were to ask me, ain't going to play no role in the sentencing, but something about his attorney makes his defendant seem a little bit more honorable.

[00:12:52]>> I only explain that just to say that this was not a random act. In his mind, he believed that he had some justification of going after this >> to be uh and he certainly should have kept the other individual out of it.

[00:13:05]>> Uh the court has provided sentencing memorandum, and I think it's done a good job of outlining uh the mitigation on behalf of Marvin.

[00:13:16]But I do want to highlight that Marvin came into this world with trauma.

[00:13:21]And he was in a situation where his mother was using alcohol at the time that he was born.

[00:13:28]And our mitigation specialist has identified the fact that it's believed that Marvin suffers from fetal alcohol syndrome, which impacts decision-making, impulse control.

[00:13:40]We know that um she was drinking heavily during her pregnancy. We know that his father was not involved in his life. His father was in and out of prison and even now has to deal with legal charges.

[00:13:57]>> So, you heard what he said. These are all going on the sentencing memorandum.

[00:14:01]The judge reads all this stuff, the mitigating, which is the facts that could help him get less time, which his defense attorneys state now. A good one, as you can see, he went all the way back to his birth. His mother was on alcohol when he was born. Dad locked up, still going through the court process as we speak. And you know, believe it or not, I know there's people that live in these type of environments and grow up to be perfectly fine. Well, they are socially structured individuals. But a lot of people that grow up in these environments become worse off than, you know, the people that raised them.

[00:14:31]Almost like they're trying to outdo their parents. I know that's wild to think, but that's what happens. Also, in the sentencing memorandum is the flip side, the aggravating factors, reasons on why he should get, you know, the max penalty for his crimes.

[00:14:44]>> Also note, Judge, that Marvin was evaluated by psychologist and determined to have a full scale IQ of 61.

[00:14:51]>> Mhm, I don't know what that means, but it sounds low.

[00:14:53]>> used to be used for that, but obviously he is developmentally disabled. I think the court should weigh that.

[00:15:02]And we also know that through the sentencing memorandum, we provided information to the court that Marvin was was exposed to violence at an early age, mostly by his father. We know that he was neglected. There were occasions where he would go to school and he wouldn't have anything to eat and teachers would witness him reaching into a garbage can eating lunches that have been happy already by other students.

[00:15:31]I think that's certainly worthy of note.

[00:15:33]>> I would have had to stop him right there if I was the judge. I'd be like, how can you prove this, sir? Did your defendant tell you that? Because I ain't believing nothing he's saying. But if they got some factual evidence to go with that, man, yeah, you know, it's going to play into the whole mitigations.

[00:15:46]>> Because you have a sentence of no parole in I'm going to stop it there, justice, but this is what else it says.

[00:15:51]If you were to impose a minimum sentence [clears throat] of 25 and a half years, >> Oh.

[00:15:55]>> he'd be eligible probably around the 2050.

[00:16:00]And if the world is like it is today, and if he got floored, he probably wouldn't be released until around 2060.

[00:16:09]>> I had no idea he has a minimal end of 25 and a half years. Goodness gracious. I thought it was already locked in. So, you know, the judge probably has a big window to work with here. Hmm, I'm looking forward to the end of this.

[00:16:21]>> Even if you went a step further for the next available sentence, he may be somewhere between 65 and 70 by the time that there's any chance of being released.

[00:16:31]So, we'd ask the court to take that into consideration.

[00:16:34]I understand how impactful a mother's tears can be, as it should be, as they should be. And certainly that video. But uh we believe that the mitigations supports a minimum term of incarceration. That's what we're asking for you to consider.

[00:16:49]>> Hmm.

[00:16:50]>> Thank you.

[00:16:50]>> Excellent closing. He took into consideration, you know, the victim's family, but still professionally do not forget about these mitigating factors.

[00:16:59]Excellent closing. Excellent.

[00:17:04]Oh, he has something to say?

[00:17:06]What could this be?

[00:17:07]>> Mr. Fleming, what would you like to say?

[00:17:09]>> IQ of 60.

[00:17:12]>> First, I'd like to apologize to the family of the victim I murdered about what happened.

[00:17:18]I'm truly sorry. If I could go back, >> Jesus.

[00:17:22]>> I would change my whole I would change everything about this situation. I should have just let the [ __ ] alone.

[00:17:36]I just I just wish I could go back and change.

[00:17:39]I'm truly sorry.

[00:17:46]>> Okay.

[00:17:47]You are 28 years old today.

[00:17:54]Uh and you have been in prison before for 4 years.

[00:17:59]on >> Oh, man.

[00:18:00]>> four occasions.

[00:18:02]>> Nah, he deserves all the smoke, man.

[00:18:05]All of it.

[00:18:07]Every last drip, drop.

[00:18:13]>> Your prior criminal history is not insignificant.

[00:18:23]You had a second-degree felony burglary in case 613255.

[00:18:31]You had a uh fourth-degree felony theft case in case 612872.

[00:18:40]Uh you pled guilty and were sentenced on receiving stolen property motor vehicle case in case 612582.

[00:18:50]And then finally, uh you were sentenced on a second-degree felony with uh case with a 1-year firearm specification case 612581.

[00:19:05]I will note that even though you pled guilty to felonious assault and attempted discharge of a firearm on or near permitted premises.

[00:19:14]You were originally charged with attempted murder >> Mhm.

[00:19:17]>> in that case.

[00:19:22]>> So, it seems like his past criminal history just kept escalating to, you know, finally he started getting violent, firearms and all that stuff.

[00:19:28]And he got a good sounds like a plea agreement on the last one.

[00:19:35]>> Uh >> While this case was pending, we had numerous pre-trials. You were always well-behaved and pleasant to um deal with as far as defendants go.

[00:19:55]>> Wow.

[00:19:55]>> Um >> Well, that's good.

[00:19:58]See, all that stuff matters.

[00:20:00]>> I'm surprised to learn that you refused to take part in your pre-sentence investigation process.

[00:20:07]>> Mhm.

[00:20:08]>> Mr. Mack has indicated that you grew impatient with having to wait 4 hours.

[00:20:14]You're going to have a lot more than 4 hours to wait before you get to enjoy freedom again.

[00:20:17]>> Oh, man.

[00:20:19]>> learn to be patient.

[00:20:20]>> Smoked bill.

[00:20:21]>> Um >> Oh, he's laughing at that?

[00:20:24]>> here is frankly shocking.

[00:20:27]>> Uh you You do 4 years on four cases, and it looks like one of the cases involved you shooting a firearm at another human being.

[00:20:36]You get out, you go back to get your paycheck at Dunkin' Donuts with an AK-47.

[00:20:43]>> Oh.

[00:20:44]This dude's diabolical.

[00:20:46]>> That's not a normal person.

[00:20:48]>> No, sir.

[00:20:50]>> And the low IQ bit usually involves people who get easily misled by other people.

[00:20:57]>> Yeah.

[00:20:58]>> I see leadership in your actions.

[00:21:00]>> Unfortunately, it's the >> wrong kind of leadership.

[00:21:03]>> Oh, man. Yeah, he's done for.

[00:21:05]>> You go into a leak shoes on some two-year-old Vendetta mission and you end up killing a young man who frankly was nothing but a hero in this case. He saved Mr. Lee's life.

[00:21:25]Mr. Alawi, your son unfortunately died, but he died a hero.

[00:21:32]>> A hero, yeah.

[00:21:33]>> Mr. Lee may not be alive today but for the actions of Mr. uh uh of Tamer.

[00:21:42]>> Jesus, hey man.

[00:21:43]>> Um that is small consolation for you, but I think it's a testament to him and maybe a little to you and how you raised your son.

[00:21:53]Um >> Beautiful words, Your Honor.

[00:21:57]>> just awful.

[00:21:58]>> Yeah.

[00:21:59]>> Um >> Yeah.

[00:22:03]>> Mr. Fleming brings his brother in to take part in this misguided vengeance.

[00:22:09]Uh the brother uh gets shot right away by Tamer uh and is now going to be the burden to someone for the rest of his life and he'll likely be a defendant for his role in this.

[00:22:30]Uh you still have the ability at least to walk around and use all of your limbs. Your brother doesn't.

[00:22:36]>> Mhm.

[00:22:38]>> Um Mr. Lee >> Is he getting a little teary-eyed up there?

[00:22:45]>> just on coming up to the podium that he has permanently lost his full range of mobility.

[00:22:52]Uh and Mr. Almadhi will never breathe another breath.

[00:22:59]Um >> Mhm.

[00:23:01]>> because of your actions here.

[00:23:05]So while I appreciate the fact that you did enter into a plea agreement, this does not to mean uh the seriousness of your conduct here.

[00:23:19]Uh when you are allowed to roam amongst uh civilized society, uh bad things happen.

[00:23:28]>> Yeah.

[00:23:28]>> These are your fifth and sixth felony cases, uh and you are 28 years old.

[00:23:36]So um >> Old enough, for sure.

[00:23:41]>> Likely a life without parole sentence >> Ooh.

[00:23:45]>> uh is completely justified here.

[00:23:48]>> Is that what he's going to get though?

[00:23:49]>> Uh but I'm not going to impose that because >> holding back, Bobby.

[00:23:55]>> Um while I hope you get flopped several times, should become a health burden to the state of Ohio, I want them to have the option of saving the taxpayers' money.

[00:24:10]Uh so on your having a weapon under disability case, after considering considering the seriousness and recidivism vism factors, I will sentence you to uh 1 year on the firearm specification to run prior to and consecutively with a 36-month sentence uh on the base count.

[00:24:29]>> Excuse me, Judge.

[00:24:31]There is no gun spec on that record inside of this case.

[00:24:36]Correction.

[00:24:38]>> No gun spec.

[00:24:41]All the smoke to the end, Bobby. You You already know the drill.

[00:24:44]>> Thank you.

[00:24:46]>> I don't like this guy one bit.

[00:24:47]>> Yeah. I will sentence you to 36 months on count three.

[00:24:53]In case 700228, uh I will sentence you to 54 months on the firearm specification to be served prior to and consequently with uh life with parole eligibility after 30 years.

[00:25:08]>> Mhm.

[00:25:09]>> On count 15, you will serve 1 year on the firearm specification to be served prior to and consecutive with an 8-year minimum term up to a 12-year maximum term on the base count.

[00:25:21]By operation of law, both firearm specifications are to run consecutively.

[00:25:25]You will serve 5 and 1/2 years before your uh life uh sentence commences.

[00:25:36]Uh your life sentence will run concurrently with the 8 to 12 sentence on count 15.

[00:25:46]You have 30 days to file a notice of appeal.

[00:25:50]Uh in your having a weapon under disability case, uh you'll be subject to post-release control following your release.

[00:26:01]Um And if you violate your post-release control, you face additional prison sanctions.

[00:26:06]I find you to be indigent. I'll waive your court costs.

[00:26:10]Counselor, is there anything else?

[00:26:12]>> Judge, the weapons under disability cases are um concurrent with the aggravated murder as well.

[00:26:19]>> That's concurrent. Thank you.

[00:26:24]Okay. I order that you be remanded.

[00:26:28]>> One more time, Bobo.

[00:26:29]>> Thank you.

[00:26:30]>> Go ahead and smell that straight to D block, my friend.

[00:26:35]Well, there you have it, ladies and gentlemen. He was sentenced to life with the possibility of parole after 35 and 1/2 years. I mean, you heard all the crazy stuff he's done already did. Went to prison, went to Dunkin' Donuts with the AK, pick up his check. Dude has extreme anger issues, and if I were to guess, I'll probably read an article later on down the road to him getting revenge on another inmate in prison.

[00:26:56]But, I'm glad I'm free and I don't have to go to prison worry about getting a cellmate like this guy. And I want y'all to worry about it either. So, look, you guys start taking the high road that was straight and narrow. The square life in 2026 is definitely where it's at. The sun's nice and the grass is green over here.