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DA Mulroy announced that the SCDAG Office has filed a notice of intent to seek the death penalty for the man charged with the murder of Memphis teacher, Eliza Fletcher.
Cleotha Abston, also known by the last name Henderson, was indicted by a grand jury on January 25, 2023— charged with first-degree murder, aggravated kidnapping, and tampering with evidence.
The decision comes after careful consideration and conducting a detailed legal review of the facts and circumstances of the case. Consistent with the office's new procedures in such matters, we offered to meet with defense counsel before making the decision, and we conducted a robust "proportionality review" of the type conducted by reviewing appellate courts in capital cases. Our proportionality review went beyond what is legally required: rather than simply comparing the current case to other cases that received the death penalty, we also compared it to other factually similar Shelby cases from the last decade, which did not yield a death notice. Before filing the notice, DA Mulroy and members of his team met with Mrs. Fletcher's family regarding this decision. The family supports filing the death penalty notice and is determined to see that justice is served.
“This is not a decision taken lightly nor as a matter of course,” said DA Mulroy. “It is a grave decision involving a punishment I've publicly opposed as a policy matter. But as DA I must enforce the law despite personal opinion. After careful consideration of the facts in this case and similar cases, I believe this is what justice demands."
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On Monday, ADA John Scott litigated his first murder preliminary hearing in General Sessions Division 11. Defendant Damarr Jones is charged with Second Degree Murder in a June road rage incident resulting in the death of victim Obed Merida. In this case, victim Merida was driving to work with a friend when he overtook a slower vehicle driven by defendant Jones, who began following the victim immediately thereafter. Not long after he began following the victim, the victim was shot in the back of the head through the rear window of his pick-up truck. Defendant Jones was identified via his car registration and when officers went to execute the warrant, they located the suspect's vehicle, the potential murder weapon, and other key evidence. Judge Massey found probable cause, and the case will move on to Grand Jury.
Also in General Sessions 11, ADA Rodney Hall conducted a bond hearing on Wednesday against defendant Christopher Deloach, charged with 2 counts of Aggravated Stalking. In this case, neighbors alerted the victims about a suspicious person on their property peering into their windows. The victims have 4 children living with them ages 17; 11; 7; and 6. To enhance security and prevent future incidents, the victims purchased and installed surveillance cameras, which captured their next-door neighbor peeping into their children's bedroom multiple times. Defendant Deloach, a registered sex offender and convicted felon, is currently on probation with a history of 8 misdemeanor and 4 felony convictions, including Robbery and Rape in 2004, Aggravated Rape in 2012, and Aggravated Burglary/Sexual Battery in 2015. Initially, a judicial commissioner set his bail at $30,000. However, the defendant's attorney requested a bail hearing. Considering his extensive criminal record, the potential for violent escalation, and the threat he poses to the public, our office argued that his bond amount was insufficient and advocated for an increase. Consequently, the defendant's bond was raised to $1M.
Tyre Nichols
On Wednesday, June 21, defendants Justin Smith and Tadarrius Bean filed motions to be tried separately. These motions will likely be heard in court until closer to trial date. At present, we know of no reason why the defendants could not be tried jointly. The SCDAG office is continuing to gather discovery. The case is set for report August 18th.
John Marterna, aka 'Watermelon Man'
In the case of the shooting death of John Materna, the SCDAG office has filed a notice to seek transfer of Demarion Tackett, the 15-year-old who is accused of killing John Marterna, to adult court. The judge has ordered that defendant Tackett undergo a mental evaluation before the transfer hearing. The evaluation has been completed, and the SCDAG office is reviewing the results.
Sequoia Samuels
In the case of the death of 4-year-old Sequoia Samuels, the judge has ordered that defendant Brittney Jackson (mother of the deceased) undergo a mental evaluation. She remains in custody on a $500,000 bond on charges of child neglect, abuse of a corpse, and false offense reporting. She is set to appear in court on Friday, July 21st. Defendant Jaylon Hobson has charges related to this as well as another case pending Grand Jury, and remains in jail on $50,000 bond on the charge of false reporting. His bond in another case has been revoked. Our office is considering whether other charges should be brought against one or more of these defendants. We will make a decision on additional charges within the next 2 weeks.
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 On Thursday, July 13th, the SCDAG Office is holding an expungement clinic and job fair at New Covenant SDA Church in Memphis. Other services provided include voter restoration and registration, as well as child support services. The new 4pm to 8pm hours allow for people to attend after work in the evening.
Last Friday, DA Mulroy successfully saw the appointment of a special prosecutor to investigate complaints against Shelby County Clerk Wanda Halbert. Judge Craft entered an order appointing Coty Wamp, the District Attorney General for the 11th Judicial District in Hamilton County, Tennessee, to conduct an investigation into possible removal proceedings regarding the Shelby County Clerk pursuant to state law. For more, see the Daily Memphian article "Judge names special prosecutor to investigate Wanda Halbert" in the below SCDAG Office in the News section.
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Yesterday, ADA Jeff Walker was sworn in by Criminal Court Division 8 Judge Chris Craft (pictured left, from left to right: Deputy DA Ray Lepone, ADA Walker, and Judge Craft). He is joining Vertical Team 5, which prosecutes cases in General Sessions 13 and Criminal Court 9. ADA Walker graduated from Belmont University College of Law, and has been practicing since 2018. He previously worked with the Equal Opportunity Employment Commission, and as an ADA in Davidson County.
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From CBS News: Death penalty sought against man charged with abducting and killing Memphis teacher Eliza Fletcher during her morning jog
"Shelby County District Attorney Steve Mulroy has filed notice with the court that prosecutors will seek the death penalty, Judge Lee Coffee said. State law says cases that are considered heinous, atrocious and cruel are eligible for the death penalty, Mulroy said outside of court.
'We are alleging that applies in this case,' Mulroy said."
From The Commercial Appeal: Shelby County DA seeking death penalty for man accused of killing Eliza Fletcher
"'The phrase heinous, atrocious and cruel is a term of art that is in the statute,' Mulroy explained to reporters after the court appearance. 'It is one of the listed statutory aggravating factors. You have to show at least one of those aggravating factors in order to get the death penalty and what it refers to is a level of violence that goes above and beyond that necessary in order to cause the death.'"
From Daily Memphian: Mulroy discusses Germantown party-goers ‘brandishing guns'
"Shelby County District Attorney General Steve Mulroy said he is not as concerned about the nuisance party as he is about potential problematic behavior that took place there.
'I think what people are really concerned about, or at least what I think people should be really concerned about, are those videos that went out of some of the people who were apparently attending this party, driving a high rate of speed up and down the streets, some of them brandishing guns, right,' Mulroy said. 'And that’s what really concerns me.'"
From Daily Memphian: Judge names special prosecutor to investigate Wanda Halbert
"The Shelby County District Attorney General’s Office announced the special prosecutor to investigate Clerk Wanda Halbert Thursday, June 29, saying the county attorney’s office requested the move to an outside prosecutor 'due to the need to avoid a conflict of interest and any appearance of impropriety.'
On Thursday, Craft signed the order appointing a district attorney general pro tem."
 Stay safe and thanks for reading,
Steve Mulroy
District Attorney
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