A man accused in a deadly hit-and-run crash has been sentenced to two years probation for misdemeanor motor vehicle homicide.
Mark Fleming was sentenced Wednesday afternoon after earlier No Contest.
Police say he hit Roy Yeck last January 30th near North 30th Street and Newport Avenue, then left the scene and went directly to a body shop to look into fixing the damage to his vehicle.
Yeck later died of his injuries. Fleming eventually turned himself in and later took a plea deal, reducing the charge to misdemeanor motor vehicle homicide, which carries a maximum sentence of one year in prison.
In court on Wednesday, Fleming's attorney said his client did not remember hitting Roy Yeck and said he didn't realize what had happened until he turned on the news that day. He said, "Not a day goes by Fleming doesn't think of Mr. Yeck," and he wishes he could change places with him.
Fleming said, "I want to apologize to the Yeck family. I am truly sorry for what I did."
The victim's brother, Jim Yeck, said, "You hear those things but you don't know how much they really mean it. You really don't."
"It all boils down to someone being careless. I think he deserves to serve some time behind bars."
The prosecutor said, "The Yeck family doesn't think Fleming intentionally did this but said, "the defendant doesn't have a license and knows he shouldn't be driving."
Both the prosecutor and judge agreed there are no winners in this type of case.
The judge reviewed Mark Fleming's record and said Fleming has been convicted 14 times for driving under suspension. She compared Fleming's decision to drive on a suspended license like playing Russian roulette.
Judge Shelley Stratman said she thinks Fleming's remorse is sincere and ordered probation. He has been ordered not to drive until his driver's license is reinstated. In addition Fleming has also been sentenced to jail on the anniversary of Yeck's death, January 29th, for the next two years.
Marsha Behr, the victim’s daughter, said, "The charge was lessened down to a misdemeanor. So he is not being charged with leaving the scene, driving with a suspended license, so it seems it is really being dumbed down from what actually happened."
Fleming and his attorney left the courtroom without comment.