BERNARD FLEMING v. UNITED STATES

At the time Michael Jones was shot and killed, there were people around him shooting guns at each other.1 Bernard J. Fleming may have been one of the individuals shooting at Mr. Jones and his companions. No witness ever saw and no vid*1185eotape ever showed Mr, Fleming shooting a gun, and he was never found in possession of a weapon. He was, however, seen with another man up on a second-floor balcony where police found bullet casings and a bullet; he was also seen before the shooting bringing an object — possibly a gun — to the balcony and removing an object when the shooting was over; and he…