No charges to be issued relating to arrest of Flint man wrongfully accused of shoplifting

John Fleming sits to rest during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. The first incident of assault against Fleming involved a Flint Township police officer on a MTA bus on Corunna Road. After the initial incident, Fleming was then transferred to Hurley Medical Center’s emergency department for an evaluation. Fleming alleges the secondary assault occurred in the ER with a Genesee County Sheriff’s Paramedic Deputy. (Jenifer Veloso | MLive.com)

Black Lives Matter-Flint President DeWaun Robinson speaks to crowd members during a BLM demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

Flint resident Linda Roberts calls out for justice during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

George F. Grundy II, Marine Corps. Afghanistan Veteran, speaks during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

A demonstrator holds a sign that reads ‘Disarm and Defend The Police’ during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

A crowd gathers together outside of Flint City Hard Cider during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

Darius Hollins calls out “No more begging. We’re demanding and we’re gonna get it,” to attendees during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

John Fleming sits and rests next to his sister during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. The first incident of assault against Fleming involved a Flint Township police officer on a MTA bus on Corunna Road. After the initial incident, Fleming was then transferred to Hurley Medical Center’s emergency department for an evaluation. Fleming alleges the secondary assault occurred in the ER with a Genesee County Sheriff’s Paramedic Deputy. (Jenifer Veloso | MLive.com)

Jasmine Burrell, Fleming’s sister, listens to other demonstrators during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

A Flint resident demands justice and unity from her car during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

Sharon Campbell speaks to attendees during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

Human Rights Activist Tushkahumoc Xelop called out for a Genesee County Sheriff Paramedic Deputy’s name during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

Black Lives Matter-Flint President DeWaun Robinson listens to crowd members speak during a BLM demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

John Fleming sits and rests next to his sister during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. The first incident of assault against Fleming involved a Flint Township police officer on a MTA bus on Corunna Road. After the initial incident, Fleming was then transferred to Hurley Medical Center’s emergency department for an evaluation. Fleming alleges the secondary assault occurred in the ER with a Genesee County Sheriff’s Paramedic Deputy. (Jenifer Veloso | MLive.com)

Darius Hollins calls out “No more begging. We’re demanding and we’re gonna get it,” to attendees during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

Flint resident Linda Roberts calls out for justice during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

John Fleming sits and rests next to his sister during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. The first incident of assault against Fleming involved a Flint Township police officer on a MTA bus on Corunna Road. After the initial incident, Fleming was then transferred to Hurley Medical Center’s emergency department for an evaluation. Fleming alleges the secondary assault occurred in the ER with a Genesee County Sheriff’s Paramedic Deputy. (Jenifer Veloso | MLive.com)

Black Lives Matter-Flint President DeWaun Robinson speaks to crowd members during a BLM demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

Flint resident Linda Roberts calls out for justice during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

Black Lives Matter-Flint President DeWaun Robinson speaks to crowd members during a BLM demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

Flint artist Shanta Smith speaks to attendants during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

Lashaya Darisaw calls out for justice during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

Flint artist Shanta Smith speaks to attendants during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

Flint artist Shanta Smith speaks to attendants during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

Jasmine Burrell, Fleming’s sister, calls out “Our Black folks shouldn’t have to die before we get attention!,” to other demonstrators during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

Lashaya Darisaw calls out for justice during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

A demonstrator stands and listens to fellow demonstrators speak during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

Flint artist Shanta Smith speaks to attendants during a Black Lives Matter demonstration on Thursday, April 14, 2022 at the BLM Zone on Martin Luther King Ave and Fifth Street. Demonstrators gathered together to stand in solidarity for Patrick Lyoya who was killed by a Grand Rapids Police Officer on April 4th and with Flint resident John Fleming who was assaulted by two members of law enforcement on April 2. (Jenifer Veloso | MLive.com)

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FLINT, MI – No charges will be issued related to the arrest of a man wrongly accused of shoplifting at a Flint Township Walmart who was then seen on video being punched in the head by a Genesee County Sheriff’s paramedic deputy, Genesee County Prosecutor David Leyton announced Friday, May 27.

In a news release, Leyton said he found no probable cause that any officer committed a crime against John Fleming, a 30-year-old Flint man who has accused Flint Township police and a member of the Genesee County Sheriff’s Office of using excessive force on him.

He also said he did not find evidence that Fleming – who had originally been engaged by police following a false report of retail fraud – had committed a crime.

“Mr. Fleming was traumatized by his arrest and he reacted,” Leyton said. “I am not going to criminalize his response. The incident at Hurley was unfortunate, but I found no probable cause that would warrant criminal charges against Mr. Fleming.

“And while I encourage police officers to use de-escalation methods when safe to do so, I find no probable cause that any officer committed a crime.”

Related: Prosecutor to review excessive force investigations by Flint Township police, Genesee County Sheriff’s Office

Fleming, who is Black, was pulled off a Mass Transportation Authority bus and handcuffed after he was wrongfully accused of retail fraud at the Corunna Road Walmart on April 2.

He also has alleged the Genesee County Sheriff’s Office used excessive force after a video of Fleming being held down by three officers while a fourth punched him multiple times in the head was shared repeatedly on social media.

Despite spending three days in the Genesee County Jail after the incident at Hurley, Fleming has not been charged with a crime.

Read more: Public demands action after Flint man alleges township police, sheriff’s deputy used excessive force

In the weeks following the incidents, the public has demanded action be taken against the officers involved.

Demonstrators also have drawn parallels to what happened to Fleming and what happened on the other side of the state, where a Grand Rapids police officer shot and killed Patrick Lyoya, a 26-year-old Black man who was originally pulled over because his license plates did not match his car.

In Genesee County, community leaders are asking for police at the sheriff’s office as well as in Flint Township to undergo specialized training to help them work with communities of color.

Leaders have also asked for change at Hurley Medical Center and have called for a boycott of the Flint Township Walmart store.

Read more at The Flint Journal:

Two sentenced in 2019 Flint shooting that left woman paralyzed

Jury finds Flint man guilty of second-degree murder after hitting woman with vehicle in 2020

Preliminary examination scheduled for mother whose 6-year-old allegedly shared marijuana edibles

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