A Winona man was charged with felony armed robbery.
Christopher Olten, 22, was accused by Earl Fleming Jr. of robbing him at gunpoint.
Fleming Jr. was called by Prosecuting Attorney Luther P. Crull to testify. Judge Keith Stokes Roberts presided.
Fleming Jr. testified that on the night of Dec. 4, 2022, around 9 p.m. a man who appeared to be Olten held a “big-barrelled pistol” to his face and later the back of his head and stole approximately $2,900 from him.
He stated that on that night, he was at a house in Winona watching a football game with his friends, and he went outside to get some water bottles from his car. As he was walking to his car, Fleming Jr. stated that he saw Olten and an unidentified man described as a black male wearing a fashion mask with dreads. He “thr[e]w [his] hand up” and greeted Olten, who he testified knowing only in passing and explained he is eleven years older than Olten.
Fleming Jr. stated that “when [he] passed by [Olten], he turned around,” going on to say that this moment was when Olten first revealed the weapon.
A man with Olten’s physical description held a gun to Fleming Jr.’s face and said “‘Get that s— up,’” according to Fleming Jr., which he explained was vernacular for “give me your money/valuables.” Fleming Jr. said he replied to the man “Get that s— out of my face,” and the two men began “tussling.”
Fleming Jr. said he made a grab for the gun pointed at his face that resulted in an altercation with the man. The two men somehow ended up in a puddle in the yard, and Fleming Jr. was covered in water and mud. At an unspecified time, Fleming Jr. said that the unidentified second man joined in the fight, and that he was fighting the two men at the same time. He was hollering to the house for help when Olten held the gun to the back of his head while holding his head down in the puddle, according to Fleming Jr. He said at that point in time, a hand—he doesn’t know whose—reached into Fleming Jr.’s back pocket and grabbed “about $2,900” from him consisting of a couple of twentys and mostly hundred dollar bills.
He said by the time the money was taken, someone was coming out of the house and that law enforcement was on the way. Before law enforcement arrived, the two men that assaulted Fleming Jr. were gone.
Crull asked Fleming Jr. how he knew Olten, who said that Olten is ten years younger than him, so he didn’t know him well but he knew him in passing. Fleming Jr. reiterated this same statement several times to clarify any confusion about his statement with Crull. Crull asked Fleming Jr. to name any of the people he was with at the house, and he refused to say any names.
Crull then turned the questions over to Olten’s defense attorney, Neal Marlow. Marlow led in with asking Fleming Jr. if he’d had anything to drink that night. Fleming Jr. responded that he had a few drinks. Marlow asked if he’d had “anything else that night.” Fleming Jr. responded saying, “No, I don’t do any drugs.” Marlow asked if Fleming Jr. had smoked any marijuana on the night in question. Fleming Jr. again said no. Marlow asked him how many people were in the house on the night in question. Fleming Jr. said “about five people.” Marlow asked Fleming Jr. about the size of the house. Fleming Jr. said the house was small, to which Marlow asked, “So people inside the house could possibly see what was going on?” Fleming Jr. said that they could have at least heard what was happening. “But they’re not here today,” said Marlow.
Marlow then asked, “Isn’t it true that this is a gambling house?” Fleming Jr. responded saying that it was not a gambling house. “And you’d been losing money that night, hadn’t you?” Marlow asked. Fleming Jr. again said no. “Didn’t you post on Facebook that no money was taken from you,” Marlow asked next, to which Fleming Jr. responded that he had
n’t posted anything. Marlow asked Fleming Jr. how dark the street was on the night in question, and Fleming Jr. said that it was poorly lit. He asked Fleming Jr. how Olten—if it was indeed him—could have known Fleming Jr. had that much money on him. Fleming Jr. said “Everybody knows I’ve got money.”
Marlow asked several more questions clarifying the previous statements Fleming Jr. had made in his testimony then told Judges Roberts he had no further questions.
Marlow then brought a witness, Olten’s mother-in-law Lakeisha Jones, to give an alibi testimony for Olten. Marlow asked Jones if she recalled the night of Dec. 4, 2022. Jones testified that Olten and her daughter, his wife, had been at her house from around 1 or 2 p.m. to midnight, and that he hadn’t left the house at all, let alone at the time that Fleming Jr. had stated. She stated that anywhere from 15 to 20 people had been at the house while Olten was there. Crull questioned Jones, asking if she’d ever left her house during the time period that she previously stated. She said no. She also stated that previously, she, Olten and her daughter considered Fleming Jr. a friend. Crull did not have any further questions.
Marlow’s closing argument was that Jones gave a much more clear and concise testimony than Fleming Jr., and then the Judge Roberts made his ruling.
“Based upon the testimony presented here in open court this morning, the court does find that a crime was committed,” said Judge Roberts. He then bound Olten over to await the action of the grand jury.
