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Man Who Shot at Taunting Neighbor Gets 6 to 12 Years in Prison

January 5, 2017

Contact: William Murphy, 215.348.6334, wrmurphy@buckscounty.org

A Bensalem man who used a stolen gun to fire three errant shots at a hated uncle who lived next door was sentenced Tuesday to serve six to 12 years in state prison.

Mark Fleming, 36, was sentenced after Bucks County Judge C. Theodore Fritsch Jr. accepted the terms of a negotiated plea agreement.

Fleming, who has an extensive criminal history, pleaded no contest to several felonies including aggravated assault with a deadly weapon, illegal possession of a firearm, carrying a firearm without a license, receiving stolen property, witness intimidation and retaliation against a witness or victim.

As a convicted felon, Fleming was prohibited from possessing the 9mm semiautomatic handgun that he fired at William Daley, his uncle and next-door neighbor, in the 3100 block of Moore Avenue.

The incident occurred around 10 p.m. on Nov. 15, 2015, after Fleming and Daley had gotten into another of their many quarrels. Daley told police that Fleming had stepped out of his house and fired the gun at him.

Daley said he responded by saying, “Ha, you missed.” Fleming responded by firing two more shots, both of which also missed Daley.

Police arrived to find Fleming hiding in the weeds behind a neighbor’s house, the gun nearby. Two empty bullet shell casings, which matched the ammunition in the gun, were recovered near a doorway of Fleming’s house.

Police also found a can of pepper spray, which Daley claimed that Fleming had used on him earlier in the day.

The stolen gun was traced to a longtime acquaintance of Fleming’s who told police that Fleming had been at his house a few weeks earlier.

Daley did not attend the court proceeding, but Fleming made no effort to hide his contempt for him. Fleming said that the two of them had longstanding differences over “family issues,” alleged thefts and other sore points.

“He is not a pleasant person, correct?” defense attorney Blake Jackman asked Fleming.

“To put it mildly, yes,” Fleming said.

Three months after the shooting incident, Fleming was arrested again after another incident with Daley. This time, Daley told police, Fleming threatened him verbally, then opened his coat to display a long gun with a pistol grip in his waistband.

“This is for you,” Fleming allegedly said before driving away. “I am going to blow your (expletive) head off." The weapon was later found to be an air gun.

Fritsch sentenced Fleming to serve five to 10 years for the aggravated assault, and to have no further contact with Daley. The judge added a consecutive one- to two-year sentence for witness intimidation, and ordered Fleming to pay $175 in restitution to a nearby business in an unrelated theft case.

Fleming is facing additional back time for a state parole violation, Jackman said, and he expects to serve at least 10 years in prison. Fleming said he hopes to be released in time to be involved in the life of his young son, who is now 7.

“I do hope that these will be your last criminal charges,” Fritsch told him, and that “you will be able to play a part in your son’s life when he is in his later teen years.”

The case was investigated by Bensalem Police Detectives John Monaghan and Thomas Jackson, and prosecuted by Assistant District Attorney William Murphy.

Approved for release by Michele Kelly Walsh, Deputy District Attorney.


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Office of the District Attorney
Bucks County Justice Center
100 N. Main Street
Doylestown, PA 18901 
Phone: 215-348-6344 
Fax: 215-348-6299

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