to do, shoot us?” Fleming pushed duFresne a second time, and when she came at him again, he lifted his right arm and fired one bullet. The bullet struck duFresne in the chest and exited through her back. From further up the block Sparks and Nath ran back, only to find duFresne on her back in the street. She died a few minutes later in Sparks' arms, as Gibson and Nath knelt beside them. The New York Times reported Tatiana McDonald's testimony as conveying that “It wasn’t the color of her skin, or the amount of money in her purse, but the victim’s attitude, her insouciance, defiance and disdain that made the [mugger] shoot the actress.” Legal proceedings On October 12, 2006, Fleming was found guilty of first degree murder, two counts of robbery, four counts of attempted robbery, and one count of criminal possession of a weapon. Fleming was on parole for pointing a gun at a truancy officer at the time of duFresne's murder. On December 11, 2006, Fleming was sentenced to life in prison without the possibility of parole, plus an additional 15 years for the robbery committed earlier that night and 15 years for unlawful possession of a weapon. Fleming appealed on the basis of mental instability and other legal issues raised during the trial. In December 2010, an appeals court found he had been fit for trial and was faking or amplifying his mental illness. The court rebuffed the arguments made on the other legal issues and upheld the conviction. Fleming's accomplices were charged and tried separately. On February 27, 2007, Servisio Simmons, a cousin of Fleming who took part in the attack, was sentenced to ten years in prison as part of a plea deal in which he pleaded guilty to first-degree robbery and agreed not to appeal. On April 26, 2007, Ashley Evans, Fleming's girlfriend and the instigator of the attack, was sentenced to six years in prison as part of a plea deal in which she pleaded guilty to first-degree robbery. Evans reportedly told police that she decided to start a fight with one of the women in the group because they annoyed her by being cheerful and laughing. In court, duFresne's mother forgave Evans but criticized the six-year sentence, telling Evans she will still have most of her life ahead when she emerges from prison, but her daughter is gone forever.