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FOX 2 (WJBK) - A mother was sentenced to two years of probation in connection to the involuntary manslaughter of her 5-year-old son with special needs in January of 2023.
Derricka Fleming, 26, is accused of putting her son, Lamar Mitchell, to bed and leaving him alone in her apartment in Clinton Township.
Police say the boy then left the apartment and was found dead in a nearby park the next winter morning.
"This was an injustice, not a justice, and the reason is because – who is speaking for that little boy?" said Macomb County Prosecutor Pete Lucido.
Fleming pleaded no contest to involuntary manslaughter, which is a 15-year felony. Judge Kathryn Viviano gave Fleming two years of probation.
Derricka Fleming
"Let’s be real, when you leave a child home, you should be accountable for your actions," Lucido said. "Five years old is way too young to be taking care of themselves, especially if they’re special needs."
Lucido expressed his outrage at the sentence, saying Fleming deserved jail time for the severity of her accused crime. His office plans on appealing this case.
"This is why our justice system needs to be changed. Accountability first, redemption later. If you don’t have accountability, you'll never get redemption," the prosecutor said. "I believe that this is a case that needs to be appealed. (there) needs to (be) justice in this case for the little 5-year-old that's no longer with us."