Tyreese Fleming was sentenced in the Timaru District Court to two-and-a-half years prison, but 15-year-old Javarney's father Stephen Drummond says he is disappointed with the outcome. Video / George Heard
The father of a 15-year-old boy killed in a crash that claimed four other young lives says the driver is “lucky” to already be freed from prison, saying he “only served less than three months for each kid”.
Tyreese Fleming was just 19 when he crashed his Nissan Bluebird into a concrete power pole outside Timaru on August 6, 2021, killing passengers Javarney Wayne Drummond, 15, Niko William Hill, 15, Jack “Jacko” Wallace, 16, Joseff “Joey” McCarthy, 16, and Andrew Goodger, 15.
Fleming, a restricted driver who had been drinking alcohol before getting behind the wheel, pleaded guilty to five charges of dangerous driving causing death and in June last year was sentenced to two-and-a-half years in prison.
Stephen Drummond lost his son Javarney in the crash. Photo / George Heard
Speaking on Heather du Plessis-Allan Drive on Newstalk ZB, Javarney Drummond’s father Stephen spoke of his upset at hearing Fleming was walking free.
“He only served less than three months for each kid basically,” he said.
“That’s actually not very good when you look at it in appearance, and for other listeners listening, they can take whatever opinion you like, but they’ve still got their kids to put to bed - I haven’t.”
Listen to Stephen Drummond on Heather Du Plessis-Allan
Drummond said Fleming should feel “lucky” that he has been released from prison already.
He has been critical of the justice system since his son’s tragic death.
“The system is about the living, not the dead,” he said.
“It’s not a very nice thing to go through. Until you’ve actually experienced it, you haven’t really got a need to comment.
“One minute you see them, the next you’ve got them in a coffin, burying them, [due] to someone else’s stupidity.”
Tyreese Fleming was sentenced in the Timaru District Court in June last year. Photo / George Heard
Drummond said the last two years of his life have been incredibly difficult.
“It’s not a life to enjoy... losing a kid in those circumstances.”
Fleming‘s release comes with a number of conditions – including a ban from entering his hometown of Timaru.
The Parole Board heard last month that Fleming- who was initially refused parole in May - 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.
Joseff McCarthy, Jack Wallace, Niko Hill, Javarney Drummond and Andrew Goodger were all killed in a crash outside Timaru. Photo / Supplied
The board heard there was no further treatment available to Fleming in prison.
“He has been assessed as low risk of reoffending and is therefore not eligible for the youth programme,” said Parole Board panel convenor Serina Bailey.
“Mr 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.”
Bailey said the board had met with a number of the victims of Fleming’s offending who “mostly felt [he] should be serving his whole sentence”.
“The 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’s offending.”
Bailey said Fleming “appears to fully appreciate the feelings of the victims’ families”.
He also agreed that being released to Christchurch rather than Timaru was the appropriate way to go.
“His time in prison, which was initially difficult for him, has given him time for reflection on his actions and the grief he has caused,” Bailey explained.
Police with the car, which snapped in half in the fatal crash outside Timaru. Photo / George Heard
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 sentence would have ended had he not been granted parole.
Conditions in place until early 2024 include:
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.
Once the curfew expires he must reside at an address approved in writing by a Probation officer.
He must submit to electronic monitoring in order to monitor his compliance with his curfew and whereabouts.
Until December 2024 Fleming must adhere to the following conditions:
He is banned from entering the Timaru and Temuka districts and the Eastern suburb of Christchurch without direct written permission from his Probation officer.
He must not possess, use, or consume alcohol, controlled drugs or psychoactive substances.
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.
He must not have contact or otherwise associate, with any victim of his offending without prior written permission from his Probation officer.
And, he must not drive, be in possession of, or have an interest in a motor vehicle without prior written approval.
