Man charged with manufacturing child porn verbally accepts plea

By Mike Linn: CNJ news editor

A Cannon Air Force Base staff sergeant charged with more than 100 counts of manufacturing child pornography has verbally accepted a plea agreement, defense and prosecuting attorneys said.

Rockey Fleming, 40, is accused of paying three girls — ages 13, 15 and 16 — up to $2,000 to have sex with themselves or another man in a span of about four months dating back to last summer, Clovis police said. Fleming, who lured the females via a Yahoo Internet New Mexico chat site, videotaped the sexual encounters and manufactured copies, police said.

Deputy District Attorney Bryan L. McKay said Fleming has verbally accepted a plea agreement that will reduce the number of charges to five. McKay said no agreements have been signed and he would not release specifics of the verbal arrangement.

McKay said he’s glad the case will not go to trial, where a jury would have to witness the many pornographic images brought into evidence.

“These are, in some respects, the hardest cases we get,” McKay said. “In this case, factually wise and legally wise this may be one of the easiest cases I’ve ever had because it was cut and dry. (The crimes) are all on tape and all in pictures. You have live victims who are willing to cooperate.”

Jim Wilson, Fleming’s state-appointed attorney, also declined to release the specifics of the plea agreement.

“We don’t Mr. Fleming to get cold feet; the possibility is there,” Wilson said.

McKay said each count of manufacturing child pornography carries a maximum nine-year sentence and a minimum of probation.

Per agreement, however, McKay said the state will not be seeking the maximum sentence for each count.

McKay said he would be seeking the maximum sentence allowed in the agreement, which includes some jail time. He said a judge would decide at the hearing Fleming’s sentence.

The hearing date will be set on Monday, and would likely be scheduled within the next 60 days, McKay said.

Two other adults are also charged in the incidents police say occurred at Fleming’s home at 1509 Brentwood Drive.
The mother of a 13-year-old victim is accused of prostituting her daughter to Fleming.

Marcus Ray, 18, is accused of having sex with one of the girls while Fleming videotaped the encounter.

All three suspects are still incarcerated at the Curry County Adult Detention Center.

The case broke after police interviewed Fleming at Plains Regional Medical Center and later at a hospital in Lubbock in May, when Fleming was shot and beaten almost to death, police said. McKay said Fleming has told police he doesn’t know who beat him and police have no suspects.

Originally investigated as an attempted homicide, the focus changed when police entered his home to investigate the crime and found Fleming’s collection of pornography on his laptop computer.

Fleming will remain a staff sergeant in the U.S. Air Force, and will remain on active duty status until the allegations of his trial are concluded, Cannon officials wrote in an e-mail sent to the Clovis News Journal.

Based on Air Force policy, members are generally not prosecuted by the Air Force for the same offenses for which they were prosecuted by civilian authorities, the e-mail read.
Approval from the office of the Secretary of the Air Force is required for dual prosecution, the e-mail added.