The young driver jailed for killing five of his teenage mates in a horror car crash near Timaru was released from prison yesterday - but will not return to his hometown.听
Tyreese Stuart Fleming, now 21, was refused parole in May because he did not have an adequate release plan - and the board questioned whether he was 鈥渢ruly remorseful鈥.听
However, at another hearing last month the board agreed to release Fleming to a Christchurch address.听
He walked free from prison - but subject to a number of parole conditions - yesterday.听
Javarney Wayne Drummond, 15, Niko William Hill, 15, Jack 鈥淛acko鈥 Wallace, 16, Joseff 鈥淛oey鈥 McCarthy, 16, and Andrew Goodger, 15, were all killed when the Nissan Bluebird they were travelling in - driven by Fleming - smashed into a concrete power pole on August 6 2021.听
The impact was so severe, it sliced the car in half.听
Joseff McCarthy, Jack Wallace, Niko Hill, Javarney Drummond, and Andrew Goodger were all killed in a crash outside Timaru. Photo / Supplied听
Fleming, who was 19 at the time, was the only survivor.听
He was on a restricted licence, speeding and had been drinking alcohol before getting behind the wheel.听
Fleming was charged with five counts of manslaughter but later pleaded guilty to five lesser charges of dangerous driving causing death.听
In June 2022 he was sentenced to two-and-a-half years in prison.听
The Parole Board heard last month that Fleming had recently participated in a number of individual psychological sessions and prepared a safety report about how he will cope with stressors and challenges outside prison.听
The board heard there was no further treatment available to Fleming in prison.听
Aoraki Area Commander Inspector Dave Gaskin surveys the wreckage of the car. Photo / George Heard听
鈥淗e has been assessed as low risk of reoffending and is therefore not eligible for the youth programme,鈥 said Parole Board panel convenor Serina Bailey.听
鈥淢r Fleming has arranged accommodation in Christchurch. The board has been advised Mr Fleming will be residing with others who have been assessed as suitable for him to do so.鈥听
Bailey said the board had met with a number of the victims of Fleming鈥檚 offending who 鈥渕ostly felt [he] should be serving his whole sentence鈥.听
鈥淭he board acknowledge that the victims have been deeply impacted by the offending and while the role of the board is to assess community safety and risk, we acknowledge the ongoing impacts of Mr Fleming鈥檚 offending.鈥听
Fleming鈥檚 lawyer told the board that the offender would have 鈥済ood external support鈥 on release and had 鈥渨orked very hard throughout his prison time with respect to facing stressors and developing coping mechanisms to deal with this鈥.听
Fleming also spoke to the board, telling them he found the sessions with the prison psychologist 鈥渉elpful in assessing his high-risk situations and how to manage these鈥.听
He said that once settled in Christchurch he was willing to complete any programmes the board directed to assist with his reintegration.听
He also had employment available and said he was 鈥渁ppreciative鈥 of that.听
鈥淭he employment opportunity is not far from where he will be initially living and he will be able to get himself to and from work without driving,鈥 Bailey said.听
鈥淥verall, he has a very good release plan.鈥听
Tyreese Stuart Fleming at his sentencing at the Timaru District Court on June 29, 2022.听
Bailey said the board asked Fleming how he would deal with 鈥渁ny new stressful situations鈥.听
鈥淗e believes the sessions with the psychologist and the preparation of safety planning has helped him considerably understand high-risk situations and how to engage consequential thinking,鈥 she explained.听
鈥淗e will also have his Probation Officer to work within the community should he have pressures for which he needs assistance.鈥听
Bailey said Fleming 鈥渁ppears to fully appreciate the feelings of the victims鈥 families鈥.听
He also agreed that being released to Christchurch rather than Timaru was the appropriate way to go.听
鈥淗is time in prison, which was initially difficult for him, has given him time for reflection on his actions and the grief he has caused,鈥 Bailey explained听
鈥淚n consideration of everything that was heard today - which includes Mr Fleming鈥檚 treatment, safety and release planning, supported accommodation, his responses to the board鈥檚 questions - he is no longer considered an undue risk and will be admitted to parole.鈥听
The board imposed a number of conditions on Fleming which will remain in place for six months past his statutory release date in December 2024 - the official date his prison sentenced would have ended had he not been granted parole.听
Conditions in place until early 2024 include:听
- Fleming will be subject to a curfew from 9pm to 6am daily unless in an emergency, to work or attend programmes with the direct written permission of his Probation officer听
- Once the curfew expires he must reside at an address approved in writing by a Probation officer听
- He must submit to electronic monitoring in order to monitor his compliance with his curfew and whereabouts听
Until December 2024 Fleming must adhere to the following conditions:听
- He is banned from entering the Timaru and Temuka districts and the Eastern suburb of Christchurch without direct written permission from his Probation officer听
- He must not possess, use, or consume alcohol, controlled drugs or psychoactive substances听
- He must attend alcohol and drug and psychological assessments and attend, participate in and complete any treatment, programmes or counselling directed by his Probation officer听
- He must not have contact or otherwise associate, with any victim of his offending without prior written permission from his Probation officer听
- And, he must not drive, be in possession of, or have an interest in a motor vehicle without prior written approval听
The Herald reported on the board refusing Fleming parole in May.听
At the hearing, Fleming spoke about the night of the crash.听
Tyreese Stuart Fleming, who was driving the night five of his friends were killed, has been banned from entering Timaru. Photo / George Heard听
鈥淸He] said that he did not intend the deaths of his friends that night although he acknowledged that his actions on that night were deliberate ones,鈥 panel convenor Marhta Coleman explained.听
鈥淭he board also raised with him a concern that he was not truly remorseful.听
鈥淢r Fleming said that he will forever be sorry about what happened that day and that he feels 鈥榮hit鈥 about it.鈥听
At the time the board put to Fleming that he was considered 鈥渁n ongoing risk鈥 because of his 鈥渞isk-taking, his drinking and his rule-breaking behaviour鈥.听
鈥淢r Fleming accepted that he was a risk at the time of the offending but said that he had learnt skills to ensure that he now thinks about the consequences of his actions before taking them,鈥 said Coleman.听
鈥淗e said he will do that because he does not ever want anything like this to happen again. He said that the incident that night has made him realise that actions do have consequences and will be mindful.听
鈥淗e also said that he has not had one drink since that night.鈥听
Coleman said the board discussed the 鈥渙ngoing emotional harm鈥 Fleming had caused the families of his victims.听
Tyreese Stuart Fleming was the sole survivor of a horrific car crash that killed five Timaru teenagers. Photo / George Heard听
He told the board he 鈥渃ould imagine how upset鈥 they would still be.听
鈥淧rior to the hearing, the board met with three families of Mr Fleming鈥檚 victims鈥 We explained to Mr Fleming that it was the clear view of all we spoke to that [he] should be serving his whole sentence,鈥 said Coleman.听
鈥淭he victims felt that if he were released today, it would represent a prison term of two months only for each of the boys that died in the car that day.听
鈥淚n response to that Mr Fleming said that he understands why the victims would want him to serve his whole sentence.听
鈥淗e also said that he understood the significance of the impact that the deaths of their son, grandson and brother would have had on them.鈥听
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