DOBSON — The third and final co-defendant in a State Road home invasion case was cleared of kidnapping charges in a Surry County Superior Court hearing on Tuesday.
Jamarl Marque Fleming, 30, of Sina Avenue, Winston-Salem, pleaded guilty to misdemeanor possession of stolen goods and property.
He faced charges of first-degree burglary, kidnapping, second-degree kidnapping and larceny of a firearm, which were all dismissed.
According to Assistant District Attorney Mike Beal, Fleming was not with co-defendants Habib Cooper Jah and Albert C. Thomas when they broke into the home of Bernard and Lou Jean Jackson in May 2014.
Jah, of Carver School Road, Winston-Salem, targeted the Jacksons while working as a mover who helped move the elderly couple into their new home on Prince Avenue, Beal said.
He approached Fleming with a plan to break in, who “flatly refused,” Beal said.
Jah also approached Fleming’s roommate, Thomas, who participated.
Thomas drove Fleming’s pickup to the break-in, during which the Jacksons were at home sleeping.
“(The victims) told officers that as they slept, two suspects kicked in their door and entered the residence,” Detective J.D. Briles of the Surry County Sheriff’s Office told The Mount Airy News in May 2014.
“They bound the male victim and physically restrained the female victim.”
During the incident Bernard Jackson was seriously injured and a .38-caliber revolver belonging to him was stolen, according to the indictments.
Lou Jean Jackson was 76 when she died on July 16, 2014, according to an obituary published in The News. No cause of death was reported.
Jah and Thomas were both charged with first-degree burglary, kidnapping, second-degree burglary, but pleaded guilty to a lesser charges.
In November 2015, Jah pleaded guilty to larceny of a firearm and felony breaking and entering.
The remaining charges were dismissed and he was given two consecutive 1o- to 21-month active sentences with 559 days credited for time served.
In January, Thomas pleaded guilty with the same plea arrangement and sentencing, with 586 days credited for time served.
Flemming “never went to the house, never broke in, he certainly never kidnapped anyone,” Beal said. “Nevertheless he was charged as an accomplice.”
After the incident, Thomas gave Fleming a credit card stolen from the Jacksons, which was denied when he tried to use it, Beal said.
Fleming was given a suspended sentence of 120 days in the Statewide Misdemeanant Confinement Program. He was placed on supervised probation for 12 months, ordered to pay court costs and serve 36 hours of community service within 120 days.
“He deeply regrets his involvement in this,” said defense attorney Terrence Hines about his client.
Reach Terri Flagg at 415-4734.