News 4 Investigates: St. Louis prosecutors dismiss and refile double murder case for a second time

ST. LOUIS (KMOV) – A family is pleading for the St. Louis Circuit Attorney’s Office to do their job as they continue to wait for justice after the murder of a father and his 7-year-old daughter.

The two men accused of killing Darrion Rankin-Fleming and Dmyah Fleming had their cases dismissed and then refiled for a second time. News 4 Investigates found out the prosecutors weren’t ready for trial.

The victims’ family claims the prosecutors dropped the ball. But on the other side, the two men accused in the murders said they’re not getting justice. News 4 has learned their lawyers are trying to use that to get the entire case thrown out.

“I want you to put yourself in our shoes, I want you to fight for us like this is your son and your granddaughter. That’s what I want you to do is treat this case personal,” said Suketha Rankin, whose son and granddaughter were murdered.

The father and daughter were sitting in their car when two people shot through an open door and killed them. Andre Anderson and Javonn Nettles have each been charged in the murders. Their trial was set for next week, but was dropped. News 4 Investigates learned it was because prosecutors weren’t ready, something that’s not a first in the case.

“I was thinking my baby’s not going to get justice,” said Dmyah’s mom, Janice Johns.

Johns told News 4 another trial was supposed to happen last July, but it was also dismissed and refiled. The family blames prosecutors.

“It works an unfairness a prejudice to the person that’s accused, that’s a delay, it’s unfair to the victims in the case, it’s unfair to the lawyers, it’s unfair to everybody,” defense lawyer Scott Rosenblum said.

Rosenblum is representing Anderson, who said he’s innocent. He recently asked the judge to sanction prosecutors and dismiss the case, claiming in two years they weren’t given search warrants and other key evidence.

“It would appear that there were going to be a number of witnesses that were going to be called that were not endorsed or given us notice so that we could do a proper investigation or take their depositions things of that nature, there was just a lot that needed to be turned over and it wasn’t,” said Rosenblum.

Before the judge could rule on that, prosecutors dismissed the case and then refiled it, essentially letting them start over.

“We think we have a very good defense and right now he sits in jail and the clock starts completely over,” Rosenblum said.

For the family, it’s a setback that’s prolonging their pain.

“If you understaffed, if you not prepared say that. I don’t want a mistake to happen,” said Rankin.

“We just going to continue to fight for them, we’re not going to give up,” Johns said.

Both defense lawyers told News 4 they plan to ask the judge to dismiss the latest case because of misconduct by prosecutors and their client’s rights to a speedy trial.

The St. Louis Circuit Attorney’s Office sent News 4 the following statement:

“In this case as in every case, the Circuit Attorney’s Office works together with the police to bring justice on behalf of the people of the City of St. Louis, victims and their families. Receiving evidence from law enforcement agencies in a timely manner is critical to the prosecution of all our cases. In this case, the CAO was not provided evidence in a timely manner due to acknowledged staffing challenges at the police department. However, the CAO is dedicated to doing everything in its power to hold the defendants accountable. The CAO has refiled this case, and will continue to work to ensure justice is served.

In every case, the Circuit Attorney’s Office is dedicated to ensuring that the office carries out its duty to prosecute criminal cases in a manner that seeks justice on behalf of the residents of the City of St. Louis.”

The St. Louis Metropolitan Police Department sent News 4 the following statement:

The St. Louis Metropolitan Police Department has received several requests for comment in response to statements made by the Circuit Attorney’s Office relative to two separate cases recently in the media. We will not be commenting on these cases specifically, due to the fact that criminal prosecution is still pending. The St. Louis Metropolitan Police Department works very closely with the Circuit Attorney’s Office on a daily basis. There are times when the CAO

refuses cases at the time of warrant application, citing either an ‘Incomplete Police Investigation’ or ‘Requesting Additional Police Follow-up’. Any time the CAO has requested anything from our department, we have worked diligently to provide the requested evidence as soon as possible. To state ‘the CAO was not provided evidence in a timely manner due to acknowledged staffing challenges at the police department’ is not accurate, in our estimation. The CAO and the St. Louis Metropolitan Police Department must work together to seek justice and hold criminals accountable.”

The family said they reached out to the Missouri Attorney General’s Office asking them to review the case.

The attorney general is fighting to have Circuit Attorney Kim Gardner removed from office. Gardner claims it’s a politically and racially motivated move.

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