Donald Fleming
Donald Fleming was arrested on suspicion of open murder after his wife was found dead early June 3, 2016 (Photo courtesy Elko County Jail)

A Spring Creek woman was found dead in her home early Friday, killed apparently by her husband. Investigators say it appears Kristin Fleming was shot by her husband who is jailed on suspicion of open murder. Acting Undersheriff Kevin McKinney said the couple’s three children were home at the time, but no one else was injured.

The criminal history of the suspect in the death of his wife— in which domestic violence has been named as a contributing factor — includes a prior domestic battery charge that was amended to disturbing the peace.

Kristin Fleming, 35, was shot in the face with a small-caliber handgun Friday morning, said acting Undersheriff Kevin McKinney.

Her husband Donald Fleming, 38, was arrested on a charge of open murder and is being held in the Elko County Jail without bail.

Fleming was found administering CPR to his wife when deputies arrived at they residence.

Kristin Fleming died at approximately

1 a.m. Friday.

The detective’s initial reports are almost completed and the evidence, including ballistics, is being sent to the Washoe County Crime Lab, said McKinney.

Donald Fleming’s criminal history shows three instances of battery. One was a municipal code violation in Reno in 2009. In 2011, Fleming was charged with battery on an officer in Lyon County, but records did not show the disposition, said McKinney.

The suspect was charged with domestic battery in 2014. However, the charge was amended by the Elko District Attorney’s office to disturbing the peace.

According to an Elko County Sheriff’s probable cause report, a deputy was called to the Flemings’ home July 9, 2014, for “a domestic violence situation” after three 911 calls reported the incident. The deputy stated Kristina Fleming was “afraid and was unwilling to cooperate.” The deputy stated she had “a black eye forming on her right eye” and “appeared to be afraid of retaliation.” The deputy also noticed a scuff mark on her right elbow and she had a swollen right ankle and was limping, but refused medical attention.

Another deputy found Donald Fleming walking on Spring Creek Parkway. When the deputy approached him, he said “just take me to jail,” according to the report. Based on a deputy’s observations, Donald Fleming was arrested for domestic battery.

The initial criminal complaint, filed July 30, 2014, by Deputy District Attorney Tyler Ingram, charged Fleming with battery, a misdemeanor. The district attorney’s office stated “the Defendant did willfully and unlawfully use force and/or violence” on Kristina Fleming, “in the following manner: by hitting her and/or otherwise striking her.”

On Nov. 12, 2014, the district attorney’s office amended the complaint to charge Fleming with disturbing the peace, a misdemeanor. The complaint states, “the Defendant did maliciously and willfully disturb the peace and quiet of a neighborhood and/or a person described as follows: one Kristina Fleming, by verbally arguing with the said Kristina Fleming.” The amended complaint was filed by Deputy District Attorney David Buchler for Ingram.

The initial and amended criminal complaints were filed under Elko County Code, not Nevada Revised Statutes. The battery charge is defined by ECC 7-1-9, and the amended charge of disturbing the peace is defined by ECC 7-1-7, according to court documents.

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