Local Businessman’s Jury Trial for 12 Counts of “Theft of Property”
February 5th, 2015 by iPhoneThe case of a local businessman went before a Drew County Circuit Court jury, Wednesday, facing 12 counts of theft of property, during 2013-2014.
A jury panel of 5 men and 8 women, including one alternate, were selected Wednesday morning to hear the case of Doug Flemister of F&F Boats
The state was represented by Frank Spain; Flemister was represented by John Frank Gibson.
One witness who ordered a boat and paid a 50% deposit in May of 2013, testified that he’d contacted the Arkansas Attorney General’s office, around Thanksgiving of 2013, when he felt he was never going to get his boat.
Another witness ordered a boat in June, 2013, and paid $1,600. After hearing rumors at other unsatisfied customers, 3 months later, he came to Monticello, and was able to speak with Flemister (who promised his boat would be built within 3 days). After another 3 months, he spoke to Flemister on the phone, who again promised his boat within 3 days.
A total of 13 witnesses were listed to be called by the prosecution, from across the state, as well as surrounding states.
Another witness testified that he’d paid $1,000 deposit; then later paid another $1,000 after a photo of a boat hull had been sent to him. He was then told his boat would be completed in September, 2013. He still hasn’t received his boat.
Another customer that paid $2,500 down, even bought a motor for it, after a conversation with Flemister, assuring him he would get his completed boat.
An Oklahoma customer testified that he was told that if he paid $2,500 down, Flemister would “throw in the seats” and paint the motor to match the boat. He contacted F&F weekly; was told “one more week” at least a dozen times; and was promised that he would “have your boat by Friday, if you don’t press charges.”
One customer even received a refund from his Visa credit card, on the incomplete transaction.
Most of the (customer) witnesses told similar stories, with only the dates and dollar amounts being changed. Multiple times, witnesses reported “I/we were told that my/our deposit would be used to buy the metal for my/our boat,” and “He would start on it in 4-6 weeks, and be finished in 8 weeks.” Deposits varied from $1,000 to $3,300; Expected delivery times ranged from 6 weeks to 3 months.
One witness told that she knew Doug Flemister had been incarcerated. Gibson asked that the statement be ignored by the jury.
Gibson consistently objected to follow-up conversations and payments being presented to the jury; while Spain argued it proved “continued deception”.
The court went into recess at 5 PM for the day, after all of the “customer” witnesses had been called.
The prosecution is expected to call law-enforcement witnesses to start today’s session at 9 AM, which will be followed by the defense’s case and their 4–5 witnesses.
The two day trial is expected to end today.
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I am very Happy with the District Attorney’s office of Drew County and the People of the The Jury….I am bothered that This Happened to us as Hard Working Men and Woman…I just Hope this Doesn’t Happen again…but I Already know of New Complaints of Exact Same Scenario….Good Luck to the people of Monticello. Everyone I dealt with in Monticello was Very kind to me….Except F and F was Very DisHONEST….