Tyreese Stuart Fleming, now 21, was refused parole in May because he did not have an adequate release plan - and the board questioned whether he was “truly remorseful”.
However, at another hearing last month the board agreed to release Fleming to a Christchurch address.
He walked free from prison - but subject to a number of parole conditions - yesterday.
Javarney Wayne Drummond, 15, Niko William Hill, 15, Jack “Jacko” Wallace, 16, Joseff “Joey” McCarthy, 16, and Andrew Goodger, 15, were all killed when the Nissan Bluebird they were travelling in - driven by Fleming - smashed into a concrete power pole on August 6 2021.
The impact was so severe, it sliced the car in half.
Fleming, who was 19 at the time, was the only survivor.
He was on a restricted licence, speeding and had been drinking alcohol before getting behind the wheel.
Fleming was charged with five counts of manslaughter but later pleaded guilty to five lesser charges of dangerous driving causing death.
The Parole Board heard last month that Fleming 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.
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.”
Fleming’s lawyer told the board that the offender would have “good external support” on release and had “worked very hard throughout his prison time with respect to facing stressors and developing coping mechanisms to deal with this”.
Fleming also spoke to the board, telling them he found the sessions with the prison psychologist “helpful in assessing his high-risk situations and how to manage these”.
He said that once settled in Christchurch he was willing to complete any programmes the board directed to assist with his reintegration.
He also had employment available and said he was “appreciative” of that.
“The employment opportunity is not far from where he will be initially living and he will be able to get himself to and from work without driving,” Bailey said.
“Overall, he has a very good release plan.”
“He believes the sessions with the psychologist and the preparation of safety planning has helped him considerably understand high-risk situations and how to engage consequential thinking,” she explained.
“He will also have his Probation Officer to work within the community should he have pressures for which he needs assistance.”
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
“In consideration of everything that was heard today - which includes Mr Fleming’s treatment, safety and release planning, supported accommodation, his responses to the board’s questions - he is no longer considered an undue risk and will be admitted to parole.”
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 sentenced 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
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
The Herald reported on the board refusing Fleming parole in May.
At the hearing, Fleming spoke about the night of the crash.
“[He] said that he did not intend the deaths of his friends that night although he acknowledged that his actions on that night were deliberate ones,” panel convenor Marhta Coleman explained.
“The board also raised with him a concern that he was not truly remorseful.
“Mr Fleming said that he will forever be sorry about what happened that day and that he feels ‘shit’ about it.”
At the time the board put to Fleming that he was considered “an ongoing risk” because of his “risk-taking, his drinking and his rule-breaking behaviour”.
“Mr Fleming accepted that he was a risk at the time of the offending but said that he had learnt skills to ensure that he now thinks about the consequences of his actions before taking them,” said Coleman.
“He said he will do that because he does not ever want anything like this to happen again. He said that the incident that night has made him realise that actions do have consequences and will be mindful.
“He also said that he has not had one drink since that night.”
Coleman said the board discussed the “ongoing emotional harm” Fleming had caused the families of his victims.
He told the board he “could imagine how upset” they would still be.
“Prior to the hearing, the board met with three families of Mr Fleming’s victims… We explained to Mr Fleming that it was the clear view of all we spoke to that [he] should be serving his whole sentence,” said Coleman.
“The victims felt that if he were released today, it would represent a prison term of two months only for each of the boys that died in the car that day.
“In response to that Mr Fleming said that he understands why the victims would want him to serve his whole sentence.
“He also said that he understood the significance of the impact that the deaths of their son, grandson and brother would have had on them.”
By Anna Leask
