aug. 6—Damian M. Fields, one of many males charged within the June deadly capturing of John Leak Jr. close to Greentree Flats, has a protracted felony document that features a number of situations when Fields was charged with a critical felony and pleaded responsible to a lesser offense.
Fields’ court docket information inform a narrative of a person who has been charged with armed theft, first-degree housebreaking, drug trafficking and wanton endangerment, however has incessantly pleaded to lesser fees. In January, Fields was launched from jail after serving two years of a 16-year sentence.
Fields’ co-defendant within the June capturing, Derrick Carroll, has been convicted of capturing at a person final 12 months on Frederica Avenue, and he is additionally confronted fees of drug trafficking and assaulting legislation enforcement.
Earlier this week, a Daviess Grand Jury indicted Fields and Carroll with homicide in Leak’s dying in a June 13 capturing on West Seventh Avenue. Studies say officers responding to a report of a car crash discovered Leak with a gunshot wound. Officers theorize Leak was shot however managed to drive a brief distance earlier than crashing. Leak later died at Owensboro Well being Regional Hospital.
Police are releasing nearly no particulars concerning the homicide fees towards Fields and Carroll. Search warrants and affidavits from investigators which are usually a part of the court docket document had not been filed with the indictments as of Friday.
In accordance with Daviess County Detention Heart experiences, Fields was first incarcerated there in January 2014, when he was 19 years previous, on fees of third-degree housebreaking, marijuana possession and resisting arrest.
Fields spent a day in jail after that arrest, and eight days in jail that very same month after failing to seem in court docket. Fields was launched from jail later that month whereas his case was pending, however he didn’t keep out of bother lengthy.
In March 2014, Fields was charged with a first-degree theft for an incident at Stovall’s Barber Store on West Second Avenue. Fields pleaded responsible to first-degree housebreaking, receiving a stolen firearm and carrying a hid lethal weapon for a complete sentence of 12 years. Fields didn’t serve that lengthy.
Fields was charged with first-degree theft, first-degree housebreaking, possession of a hangun by a felon and 5 counts of first-degree wanton endangerment in connection to a July 27, 2018, armed theft at a house on East Ninth Avenue. Court docket information say Fields and two different males went to a house of an acquaintance and dedicated a theft, with Fields capturing a handgun into the ground and pistol whipping the sufferer.
Along with the costs stemming from the incident, Fields was additionally charged with being a persistent felony offender. An individual discovered responsible of a felony who has a previous felony document will be discovered to be a PFO, which carries prolonged sentences.
In Could 2020, Fields pleaded responsible to second-degree theft, first-degree housebreaking, possession of a handgun by a felon, felony wanton endangerment and misdemeanor fees. By that time, Fields had already pleaded responsible to drug trafficking fees and to a cost of assaulting a deputy jailer on the Daviess County Detention Heart. Fields acquired a complete sentence of 16.5 years in jail.
The PFO cost may have put Fields in jail for at least 10 years earlier than being eligible for parole, or for a most of 20 years. However, state legislation says an individual can’t be discovered to be a persistent felony offender in the event that they plead responsible, as Fields did. PFO fees within the assault and drug trafficking circumstances additionally needed to be dropped as a part of the responsible plea.
Whereas incarcerated on the convictions, Fields wrote letters to the presiding Circuit choose, Jay Wethington, asking that his sentence be suspended so he could possibly be launched.
“This time, being locked up has been extra impactful, not solely to me however my household as properly,” Fields wrote in September 2020. “I really feel as in the event that they want me on the market with them now greater than ever. I do know this jail life-style and status is one thing I not wish to affiliate myself with.
“I am simply asking for one likelihood to point out not solely you however myself that I can operate and keep on the market like I am alleged to.”
Wethington denied Fields’ movement to droop his sentence.
However Fields did not have for much longer to attend for launch. At the start of 2022, Fields was positioned on supervised launch by the parole board. Fields’ supervised launch started Jan. 19 and was alleged to final till 2033.
The Division of Corrections had not offered data on Fields’ parole as of Friday afternoon. Commonwealth’s Lawyer Kuegel mentioned he’s notified when an offender is launched on parole however isn’t given the explanations behind the parole board’s choice.
Quickly, Fields was again within the system.
On June 22, Owensboro police charged Fields with plenty of new offenses, together with first-degree trafficking in a managed substance (carfentanil or fentanyl), receiving stolen property over $10,000, trafficking in artificial medication, possession of a handgun by a convicted felon and tampering with proof. Leak’s dying had occurred 9 days earlier than Fields was arrested on the drug fees.
Carroll additionally has a protracted arrest document going again to 2013, with fees starting from second-degree theft to drug trafficking and third-degree assault of a police or probation officer. In 2019, Carroll was charged with selling contraband for a plan to provide medication to Fields whereas Fields was within the county jail.
Notably, Carroll was charged with first-degree wanton endangerment in Could 2021 for capturing at a person in an altercation close to within the 4600 block of Frederica Avenue.
Carroll was final sentenced in November in connection to the Could incident. Carroll pled responsible to second-degree wanton endangerment, a misdemeanor, in trade for a 12-month jail sentence. Carroll was given credit score for time already spent in jail and positioned on probation for 2 years.
Carroll was launched from jail Nov. 18. He was out of jail lower than 5 months earlier than returning on new fees.
In early March, Carroll was charged with trafficking in a managed substance, receiving a stolen firearm, tampering with proof and possession of a firearm by a felon. Carroll was launched from jail on March 11.
Carroll was apprehended in Alabama on June 28, 15 days after Leak’s dying. Media experiences say Carroll and a lady fled from police in a car, hanging an individual on a bicycle earlier than being apprehended.
Carroll is be extradited from Alabama and is scheduled to be arraigned in Daviess Circuit Court docket on Aug. 18. Fields will make his first look on the homicide cost on Aug. 30.
James Mayse, 270-691-7303, firstname.lastname@example.org, Twitter: @JamesMayse