By Patrick Tepoorten
Story filed at 5:30 p.m., Feb. 11, 2008

Correction: It was incorrectly stated in this story that Craig Fleming is charged with second degree murder. He is charged with first degree murder and the story has been changed to reflect the correct information. Also, Tory Mogensen's name is now spelled correctly.

“No more Marty,” was allegedly the last words used by Craig Steven Fleming the morning he allegedly shot and killed Martin Roy Carlson at 30495 Park Street in Lindstrom. At least, so says prosecutor Fred Fink and eyewitness Jason Slattengren.

Monday (Feb. 11) brought opening statements and witness testimony in the trial of Fleming, 48, of Lindstrom, who is accused of first degree murder in the shooting death of Carlson, 25, of Center City, the early morning of July 22, 2006.

Fink painted Fleming as a person on a mission that morning, bringing a gun into the house resided in by Tory Mogensen, working the slide to insure a round was chambered in the .45 caliber Ruger handgun, pushing Slattengren out of the way, placing the gun against Carlson’s forehead, and pulling the trigger.

In closing, Fink told jurors the state would prove not only that Fleming pulled the trigger, but that he made numerous willful choices along the way.

It was after the shooting that Fleming is alleged to have been on the porch “almost strutting,” saying, “No more Marty,” before leaving the scene.

Defense attorney Gregory Rebeau also addressed the jury, and asked that they not rush to judgement. The key, said Rebeau, is not whether Fleming shot Carlson, but rather why he shot Carlson.

Rebeau stated that Fleming felt concerned for his safety surrounded by Carlson, Mogensen, and Slattengren, all friends, and that an attempt to leave the residence was stopped by Slattengren.

Just before the shooting occurred, Rebeau said Carlson made a move on the striped loveseat he was sitting on and “reached for something.”

“Mr. Fleming thought he was in severe risk and the result is why we are here,” he said.

Rebeau also stated the defense would look at shortcomings of the investigation, and alluded to the very short statements taken from Slattengren and Mogensen the day of the incident. More statements were forthcoming in the case as the investigation wore on, but Rebeau suggested those statements were tainted by witness's disdain for Fleming in the wake of the murder.

As well, it appears that the defense will make issue of areas of 30495 Park Street that were not cordoned off as part of the crime scene.

In closing, he urged jurors to “be patient,” and not become overwhelmed by the forensic evidence.

Testimony was book-ended by Bureau of Criminal Apprehension (BCA) personnel who processed the scene and collected evidence. In between, Slattengren gave chilling eyewitness testimony to the events leading up and including the shooting.

Slattengren, 30, of Lindstrom, testified that he rode his bike to Mogenson’s the evening of July 21, where it was decided that he and Mogensen would go to Rocky J’s, a local bar. Slattengren left to go to another local bar for the bulk of the night, but returned just before closing time.

He noticed Fleming at that time and offered to buy him a drink before last call, but he said he was rejected in that offer by the bartender, who told Slattengren Fleming had been “cut off.”

Slattengren then went to the pool table area of the bar to be with Carlson and Mogensen.

After closing, Slattengren rode back to Mogensen’s with Carlson and, as they pulled up they noticed Fleming’s truck along Newell Ave. After first entering the house and notifying Mogenson that Fleming’s truck was outside, Carlson allegedly went out onto the porch and yelled to Fleming to either come in the house or leave.

Shortly after Carlson re-entered the house, Fleming and his girlfriend, Lona Linc, entered as well.

According to Slattengren’s testimony, things degenerated quickly after that. Bickering between Carlson and Fleming started soon after, characterized as a “drunk argument.” Slattengren went to the TV to start a video game as the argument escalated.

It was while Slattengren was setting up a video game that Fleming stood and pulled the gun out of his waist. Slattengren said he interposed himself between Fleming and Carlson as Fleming moved around a coffee table and was walking toward Carlson.

It was at this time that Slattengren is alleged to have been assaulted by Fleming, and he testified that Fleming placed the handgun against his chest and pushed him backwards until he fell into a chair adjacent to the striped loveseat Carlson was sitting on.

Slattengren also testified that, while that was happening, Carlson was addressing Fleming, calling him “nothing but a bully.” After Fleming placed the gun against his forehead, Carlson said “go ahead and pull the trigger,” according to Slattengren, and was in the midst of saying it again when Fleming pulled the trigger.

According to Slattengren, Carlson never moved from his position on the loveseat, and at no time was the exit from the living room or the house obstructed leading up to the shooting.

Immediately following the shooting, Mogensen fled the house after Fleming pointed the gun at him and asked “Who’s next?” Slattengren sat there, in shock according to testimony, until Fleming tapped him on the shoulder with the gun and told him he should leave.

With Mogensen, Mogensen’s girlfriend, and Slattengren out in the yard calling 911, Fleming, who had left the residence, walked back in for a moment before exiting again, and saying “No more Marty.”

Upon cross examination by Rebeau, Slattengren’s demeanor changed markedly, prompting Rebeau to ask at one point, “You don’t like my client very much do you?”

“Not after murdering my friend, no,” replied Slattengren.

Rebeau tried to establish that Fleming had been invited to Mogensen’s, but Slattengren testified that he did not do so and that he was unaware if anyone else had. Slattengren also testified that Fleming did not make any threatening gestures toward Fleming at the bar or in front of Mogensen’s house, when he was allegedly alone with Carlson briefly.

Referring to Slattengren’s shock after the shooting, Rebeau said “You don’t remember what exactly happened do you?”

“Yes I do remember,” replied Slattengren.

Rebeau pointed out that, during the 911 call, when an operator asked who had shot someone, Slattengren replied “I don’t know.” He then asked Slattengren how it is he couldn’t remember Fleming’s name, having known him for two years, but can now remember everything.

Before Slattengren could answer though, Fink objected and was sustained by 10th district Court Judge Douglas G. Swenson.

Slattengren also testified that Carlson had not taken any methamphetamine that day, that he saw.