VALPARAISO — A Gary man, who struck a proposed deal to serve no more than four years of prison and/or probation after pleading guilty to a fatal hit-and-run accident in Portage last year, now faces gun charges in Lake County.
Simmie Fluker, 42, was arrested Friday and has been charged with felony counts of unlawful possession of a firearm by a serious violent felon and carrying a handgun without a licence, according to court records.
What impact the new charges will have on the proposed plea agreement will be seen July 2 when Fluker appears before Porter Circuit Court Judge Mary Harper for a sentencing hearing.
Gary police said they were called out shortly after 3 a.m. Friday on a report of a man with a gun at an apartment complex in the 100 E. block of Fifth Avenue, according to charging documents.
The responding officer said he encountered a woman outside the building helping a possibly intoxicated man, who was later identified as Fluker, police said. When the officer asked if the couple needed help, he said Fluker pulled a silver-colored handgun out from his waistband.
The officer took cover and once backup arrived, they located Fluker and the woman in one of the apartments, according to court documents. The couple answered the door in the nude and were pretending to be engaging in sex, police said.
Fluker denied having a gun, and said he and his girlfriend had been in the apartment having sex, police said. Police said Fluker was rude and was yelling at them.
Police said they found a .40-caliber Smith & Wesson from under a sofa cushion where Fluker had picked up his jeans.
Fluker had pleaded guilty in April to striking and killing 18-year-old Joseph Bonner, of Portage, with his vehicle Feb. 12, 2018 as Bonner was walking north on Hamstrom Road from the Speedway gas station on Central Avenue to his residence, police said.
Fluker, who fled the scene, told the court he knew he hit something.
Fluker's 2007 Yukon Denali was located three days later by police at a body shop in Gary, according to court records. Police took custody of the vehicle and the following day, Fluker showed up at the Portage Police Department with his attorney, provided a statement and was released.
Fluker pleaded guilty to felony counts of leaving the scene of an accident resulting in death and driving while suspended resulting in death.
The proposed agreement calls for the sentence to be argued, with a cap of four years on each charge and the charges to run concurrently, according to court documents. Fluker would also have his driver's license suspended for two years.
Harper, who questioned the four-year cap, took the proposed plea agreement under consideration.