FLINT, Mich. - Genesee County Prosecutor David Leyton announced no charges will be filed related to a series of events in April involving 30 -year-old John Fleming Jr. who he says was wrongly accused of shoplifting from Walmart and was later arrested the same day at Hurley Medical Center after struggling with officers.
According to Leyton, Flint Township Police were dispatched to the Walmart store on Corunna Road in response to a report of shoplifting.
Upon arrival, police were informed the suspect had boarded an MTA bus which the police stopped a short time later.
Officials say when police boarded the bus, they observed a man matching the description of the alleged shoplifter.
Police attempted to arrest Fleming; he refused to comply with police orders to put his hands behind his back and a struggle ensued.
According to the Genesee County Prosecutor's office, police transported Fleming to Walmart where, after consulting with the store’s loss prevention personnel, it was determined that Fleming had not shoplifted.
Police then removed the handcuffs and released Fleming who then complained his arms and ribs hurt and stated he wanted to be transported to a hospital.
Related links: Genesee County Sheriff use of force investigation underway
According to the release, an ambulance was called, and Fleming was taken to Hurley Medical Center.
According to the investigative reports, once at Hurley, Fleming was taken on a gurney into the triage area for evaluation.
After examination, Fleming was instructed by Hurley nurses that he needed to exit the triage area and go back to the lobby, but he refused to do so.
Hurley public safety officers and a Genesee County Sheriff’s Deputy were called, and Fleming had to be forcibly removed from the emergency room.
“This whole series of events initially started with a report to police that a customer at Walmart had shoplifted which turned out not to be true,” said Prosecutor Leyton.
Prosecutor Leyton continued, “Mr. Fleming was traumatized by his arrest, and he reacted. I am not going to criminalize. 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, " Prosecutor Leyton said.