Fisher Gets Maximum Sentence of Six Years for Voluntary Manslaughter

January 12, 2022
By: Dwayne Page

53-year-old Albert Wayne Fisher, Jr. is going to prison.

Fisher, convicted for the voluntary manslaughter of his stepson Tyler Durden on October 31, 2019, was given the maximum prison term of six years for the crime by Judge Wesley Bray following a sentencing hearing Tuesday in DeKalb County Criminal Court. A motion for a new trial, if filed by the defense, will be heard on April 4.

Fisher stood trial on November 17 on a charge of second-degree murder which carries a range of punishment as a Class A felony of 15-25 years, but the jury found him guilty of the lesser crime of voluntary manslaughter. The shooting occurred outside Fisher’s home on Eckles Heights in Liberty.

Fisher admitted firing the fatal shot but said he did it in self-defense because he felt threatened by the victim not knowing it was his stepson because he was wearing a Halloween disguise.

Judge Bray, who presided over the trial, said Tuesday during the sentencing hearing that he didn’t believe Fisher’s version of the story and couldn’t understand why the jury saw it differently.

“While I respect the jury’s verdict of voluntary manslaughter, I cannot understand it, given the proof in this case,” said Judge Bray.

Both Mr. Fisher and his wife Debbie testified during the sentencing hearing Tuesday that while it was a tragedy Fisher was justified in defending himself the night of the shooting and claimed that the two eyewitnesses who saw it differently and testified as such during the trial had lied.

Judge Bray told Fisher that he found the witnesses testimony more credible than his and took issue with his haste in pulling the weapon during a confrontation that lasted only about five minutes and for his lack of remorse.

“I don’t understand why you thought this was a good idea”, said Judge Bray. A supporter of constitutional rights of gun owners, Judge Bray told Fisher, who claimed to have had a concealed carry permit at the time of the shooting, that his actions that night gave a black eye to lawful gun owners who carry for protection.

Assistant District Attorney General Greg Strong, who spoke with the media after the sentencing hearing Tuesday, agreed with Judge Bray.

“I hope this sends a message that pulling a gun is not the first option because that is the first option, he (Fisher) chose. He didn’t try to de-escalate this situation and there is no gun training out there that doesn’t teach you de-escalation first. He (Fisher) never tried that,” said Strong.

In making a determination as to how long the prison sentence should be, Judge Bray took into consideration a set of enhancement factors offered by state prosecutors and mitigating factors submitted by the defense counsel.

The enhancement factors included the following:

That the personal injuries inflicted upon the victim were particularly great; that the defendant (Fisher) possessed or employed a firearm during the commission of the offense; that the defendant had no hesitation about committing a crime when the risk to human life was high; and that during the commission of the felony, the defendant intentionally inflicted serious bodily injury upon another person which resulted in the death of the victim.

Fisher’s attorney Michael Auffinger, cited as a mitigating factor, that Fisher had no previous criminal record but that there was sufficient provocation for Fishers’ actions in defending himself in this case as the jury found in its verdict for voluntary manslaughter, a decision which was reached after just over one hour of jury deliberation.

Assistant DA Strong said he is pleased with the judge’s decision in issuing the maximum sentence in this case, “I am happy with the sentence Judge Bray handed down. Obviously, Fisher got the maximum sentence for the offense he was convicted of. This was a senseless killing. In my opinion he (Fisher) went looking for it. You could tell by his demeanor more than what he said that he felt he was justified in this. He tried to play it off as a tragedy and that he didn’t want to be involved in it but it (proof) showed otherwise,” said Strong.

Fisher will be given credit for time served and may be eligible for parole within two years.

During the trial Fisher testified that he and his wife were at home Halloween night 2019 when he heard a loud banging on the front door. He said the banging was so loud it shook pictures off the wall. As his wife started to the door to tell whoever it was that they were not handing out candy, Fisher stopped her and opened the door himself. As he stepped outside Fisher said he saw two people dressed in black wearing masks crossing the street and asked his neighbor to point out which one had come to his door. Fisher said he called out to the unknown person to show “respect for my house and not beat on my door” The man (Durden) then turned around and came back to the sidewalk in front of Fishers’ home. According to Fisher as he called for him (Durden) to “go on down the street” Durden came up on the first step and began making “come to me” waving gestures with his hands. After he again told him to “get on up the street”, Fisher said the man started “doing a little dance” and then took another step toward the porch.

Fisher then drew his pistol and ordered the man to come no closer. Instead, Fisher testified that the man took the third step toward the porch and started pointing his index finger at his own chest and forehead. As the man took the fourth step, Fisher said he drew the hammer back on the weapon warning him again and then fired a shot as the man reached the fifth step. After the shot Fisher said the man fell and removed his mask revealing who he was and called for his mother saying, “ Mom I’ve been hit”.

Fisher said that he felt threatened by the man who he claimed kept coming up the steps toward him even after he (Fisher) pulled his pistol. “He didn’t fear the gun. I thought he was coming to attack me or my wife,” said Fisher during the trial in November.

It took the jury of eight men and four women about an hour and fifteen minutes to reach the verdict after a six-hour trial that featured six witnesses for the state and the testimony of Fisher himself.

January 10, 2022
By: Dwayne Page

Tennessee State Parks, including DeKalb County’s Edgar Evins State Park, are accepting donations throughout the month of January for the annual My TN State Park fundraiser, which helps local parks fill specific needs.

(Click link below to donate)

https://tnstateparks.com/events/details/#/?event=my-tn-state-park-ee-22

State Park enthusiasts can vote for their favorite state park by making contributions to their favorite, with each dollar donated counting as one vote for that park.

The funds will go toward projects identified by park staff as an ideal use of the funds, including trail repair, birds of prey programs and childhood education activity.

“At Edgar Evins State Park, if we can raise at least $1,000 we plan to work on our butterfly corridor,” said Park Manager Brad Halfacre. “You’ll notice as you enter the park, we have planted some native wildflowers and grasses on the steep hillsides, and we will put some signage up about that. If we can raise as much as $2,500, we will do some work and signage on the Dunham Cemetery trail and gravesites. If we raise up to $5,000, we will do some work to our aviary putting in some signage about the birds of prey and wingspans. Children love those wingspan signs where they can measure their wingspan with the birds of prey we have onsite. These are ways we have thought of to spend the donation money we raise. Of course, we accept donations all the time here at the park but for this month only we will be seeking donations just for this fundraiser. We have signs throughout the park with QR codes so that when you visit the park, climb the tower, or come by the office or gift shop, you can access that QR code and your donation goes directly to this challenge,” said Halfacre.

“We know many Tennesseans feel a connection to their state parks, and this is a way for them to feel even more involved with their favorite park,” said Jim Bryson, deputy commissioner of the Tennessee Department of Environment and Conservation. “Our parks enjoy wonderful support, and we are always eager to improve the park experience for our visitors. This competition helps make that happen.”

Those interested in voting for their favorite parks may donate at the Tennessee State Parks website. Signs about the fundraiser are up at every park.

The format has the 56 state parks categorized in three separate groups based on park visitation numbers. One group is for parks with up to 350,000 visitors annually, another for parks with 350,000-750,000 visitors, and a group for parks with over 750,000 visitors. The parks compete against the other parks in their category with the winning park in each group awarded a plaque featuring the names of its donors. Lists of the groups are online.

Tennessee is one of only seven states in the country to provide free access to its state parks. The fundraising competition provides a way for individuals or communities to get involved further. Last year, the first year of the contest, donors gave over $96,000 to the parks on nearly 3,000 contributions. Cumberland Mountain State Park in Crossville won the first competition with $14,287 in contributions from over 200 donors. Full results from last year are available online.

Each park will receive 100 percent of the funds donated for it. Funds from last year’s competition went toward items such as pollinator gardens, security cameras, an outdoor fitness station and equipment and clothing for a living history program.

The My TN State Park fundraiser sprang from the surge of visitors to Tennessee State Parks at the onset of the COVID-19 pandemic. It was a way to show support for the park that “kept them going” in 2020.

This year’s voting will continue until Jan. 31 at 11:59 p.m.

January 10, 2022
By: Dwayne Page

A total of 52 persons interested in running for county offices in either the May 3, 2022 DeKalb County Democratic or Republican Primary or as an Independent in the August General Election have picked up qualifying petitions from the election commission.

According to the election commission office, the following persons have been issued petitions:

Democratic Primary:

County Mayor- Mike Foster and Timothy Robert “Tim” Stribling (Incumbent)

General Sessions Court Judge-Margie Rigsby Miller and Tecia Puckett Pryor

Register of Deeds– Shelby D. Reeder

Road Supervisor-Wayne Shehane

County Commissioner, District 1– Julie Ann Young (Incumbent)

County Commissioner, District 2– Billy Myron Rhody (Incumbent)

County Commissioner, District 3– Jack E. Barton, III, Susannah Cripps Daughtry (Incumbent), and Jenny A. Trapp (Incumbent)

County Commissioner, District 4– Janice M. Fish Stewart (Incumbent)

County Commissioner, District 6– Michael Paul Atnip, Jeffery K. “Jeff” Barnes (Incumbent), Danny L. McGinnis

County Commissioner, District 7– Mary Elizabeth “Beth” Pafford (Incumbent)

Board of Education (School Board), District 1– Robert D. (Danny) Parkerson, Jr. (Incumbent). Parkerson also obtained a petition to run as an independent candidate for School Board, District 1 but he can only return one petition to the election commission to run either as a Democratic Candidate in the May Primary or as an Independent Candidate in the August County General Election.

Board of Education (School Board), District 4– Dr. Scott Little

AUGUST GENERAL ELECTION:

County Commissioner, District 3– Robert Anthony “Tony” Luna- Independent

Board of Education (School Board), District 7-Emitt Shaun Tubbs (Incumbent)-Independent candidate

Republican Primary:

County Mayor– Matthew N. “Matt” Adcock, Bradley S. Hendrix, Anita T. Puckett

Sheriff-Patrick R. Ray (Incumbent) and Keneth Lee Whitehead

General Sessions Court Judge-Mingy Kay Ball and Brandon J. Cox

Register of Deeds– Daniel A. Seber

Road Supervisor-Danny Lynn Hale (Incumbent) and Shane Walker

County Clerk- James L. “Jimmy” Poss (Incumbent)

Circuit Court Clerk– Susan L. Martin (Incumbent)

Trustee-Sean D. Driver (Incumbent)

County Commissioner, District 1– Bennett Armstrong and Thomas E. “Tom” Chandler

County Commissioner, District 2– James David “Jim” Pearson and Sabrina R. Farler (Incumbent)

County Commissioner, District 3– Joshua Brown Chapman

County Commissioner, District 4– Tony L. “Cully” Culwell and Gregory S. “Greg” Matthews

County Commissioner, District 5– Jerry Adcock (Incumbent), Larry L. Green and Joshua E. Holloway

County Commissioner, District 6– Justin Douglas Adcock

County Commissioner, District 7– Boyd Bruce Malone, (Incumbent) and Trevin Merriman

Board of Education (School Board), District 2- Thomas Alan Hayes (Incumbent) and Matthew J. Quarles

Board of Education (School Board), District 3-Jim Beshearse (Incumbent)

Board of Education (School Board), District 7-Ryan Wayne Mollinet

The Election Commission has also received the proper duplicate petitions (to appear on the May Republican primary ballot) from William T. “Will” Ridley for Circuit Court Judge Part 1- 13^th Judicial District and Wesley Bray for Criminal Court Judge Part II 13^th Judicial District.

Offices on the May primary ballots include: County Mayor; Road Supervisor; Sheriff, General Sessions Judge; Circuit Court Clerk; County Clerk; Trustee; Register of Deeds; County Commissioner in all seven (7) districts (2 can be nominated per district); School Board members in districts 1, 2, 3, 4 and 7; Constable in District 4 to fill a vacancy; Circuit Court Judge Part I and Part II (13th Judicial District); Chancellor (13th Judicial District); Criminal Court Judge Part I and Part II (13th Judicial District); District Attorney General (13th Judicial District); and Public Defender (13th Judicial District).

Petitions must be returned by Noon February 17th.

There is an additional earlier deadline for Sheriff and Road Supervisor candidates. They must have appropriate paperwork to the Peace Officer Standards Training Commission (POST) for sheriff and the Tennessee Highway Officials Certification board 14 days before the qualifying deadline.

While the above offices will appear on May primary ballots, candidates also have the option to run as Independent candidates who will not appear on the ballot until August. However, the same qualifying deadlines apply.

Winners of the May primaries will square off against each other in the August DeKalb County General Election along with any properly qualified Independent candidates.

The local election office is open Monday-Friday from 8:00 a.m. to 4:00 p.m. and is located on the first floor of the DeKalb County Courthouse.