November 17, 2021
By: Dwayne Page
A Liberty man tried Wednesday in DeKalb County Criminal Court for second degree murder in the fatal shooting of his stepson on Halloween night two years ago has instead been convicted of voluntary manslaughter, a Class C felony but a lesser crime.
51 year old Albert Wayne Fisher, Jr. is facing a possible prison sentence of from 3-6 years as a range one offender in the death of 37 year old Tyler Durden. The shooting occurred outside the Fisher residence on Eckles Heights in Liberty on October 31, 2019. The range of punishment for second degree murder, a Class A felony is 15-25 years had Fisher been convicted of that crime.
Because of a Halloween disguise he was wearing at the time, the Fishers didn’t recognize Durden until he removed his mask after being shot and called out “Mom I have been hit”.
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 Fisher himself, who testified claiming his motive for the shooting was in self defense
After the verdict, Judge Wesley Bray granted a motion by state prosecutors that Fisher’s bond be revoked and that he be sent to the county jail, pending the outcome of a sentencing hearing scheduled for January 11, 2022.
Durden was a drill sergeant and an 18 year veteran of the US Army. He held the rank of Sergeant First Class.
State prosecutors believe that several hours before the murder Durden had decided to come to Liberty to surprise his mother on Halloween night after returning from a deployment overseas. He had apparently stopped in at a Walmart Store in Clarksville before making the trip and bought a dark colored hoodie and a Halloween “ghost mask” based on the character in the “Scream” horror movies. After the shooting investigators recovered a Walmart bag at the crime scene with a receipt that showed the purchase of these items was made that day at 1:55 p.m.
Durden’s aunt Charlotte Ann Parsley testified that Tyler was a “prankster”. She said one never knew what to expect from him or when he might show up at your door. He was unpredictable. When asked, Parsley testified that Tyler Durden was not his birth name but because he came from an abusive household he decided to change it after he got older.
Heather Hillard, who lived in an adjoining apartment in the duplex next to Fisher, testified that she was outside on her porch that evening handing out candy to trick or treaters when she saw someone come around the corner dressed in black and wearing a mask. She couldn’t tell who it was nor whether it was an adult or teenager because of the disguise. Although she offered him candy the man (Durden) didn’t take any but knocked on the front door of the Fisher residence with a bag in hand. When she told him that the Fishers had no candy the man turned and walked away. Fisher then opened the door not knowing it was his step son and called out to him saying “be careful whose door you knock on”. From Fisher’s front porch near where he stood there are about six steps down to the sidewalk by the street where Durden was standing according to Hillard. As the two or three minute encounter escalated with Fisher warning “I will shoot you” Durden spoke not a word and never removed his mask but began waving his hands as if to say to Fisher “come get me”. Durden tapped his chest a couple of times and then pointed to his chest and head. As he continued to warn the man (Durden), Fisher pulled a 38 caliber pistol from a holster concealed on him. By that time Fisher’s wife was outside on the phone trying to call police and although both she and Hillard called for him to put the gun down Fisher fired a shot striking the man (Durden) in the chest. Hillard heard the shot as she had turned to get her husband who was inside their home next door.
Margaret Hopson, another neighbor three doors down, gave a similar account . Hopson said she too was on the front porch of her residence handing out candy when she saw who she thought was a trick or treater on the sidewalk wearing a “Scream” mask. She called for him to come up and get some candy but he instead walked on down the street by Fisher’s home. Hopson said she then witnessed the shooting. After Fisher came out onto his porch, Hopson said she saw him pull the trigger as Durden stood at the bottom of the steps on the sidewalk. “He pointed the gun and shot him” said Hopson.
Detective Brian Williams of the DeKalb County Sheriff’s Department , off duty at the time, was the first officer on the scene after the shooting. Williams, who is also a county volunteer firefighter, said he was attending a fire department Halloween event at the Liberty station only a few hundred yards away when he heard a “pop” and then calls on the police radio reporting that there was an active shooter in Liberty. Upon arrival he saw a subject lying by the sidewalk and the silhouette of a person standing in the doorway of an apartment a few feet away with a pistol in his right hand. Williams said he called for the man to lay the gun down and he (Fisher) placed it on an ottoman inside the residence. Williams then ordered the man to get down and crawl out and he (Fisher) complied.
After the shooting, Durden was taken to Vanderbilt Hospital where he later died.
Elizabeth Williams, TBI Special Agent Criminal Investigator, testified that the District Attorney General’s Office requested that she investigate the shooting.
She said the gun used in the shooting was a 38 caliber pistol. The weapon held four live rounds and one spent cartridge. The undershirt and sweatshirt that Durden wore that at time of the shooting each had one hole on the front with some red brownish stains around it. At the scene of the crime, Williams recovered a Walmart plastic bag that held three pieces of candy and a receipt from the Clarksville Walmart showing articles of clothing and a mask purchased there at 1:55 p.m. the day of the shooting. Also recovered at the scene were the mask and some of Durden’s clothing.
Dr. Erin Carney, a Nashville forensic pathologist, who conducted the autopsy testified that Durden was shot once in the chest and that the bullet went through a rib and the liver before lodging in his spine. She said the trajectory was downward from front to back and left to right.
Fisher testified that he pulled the trigger in self defense fearing that he was being threatened even though the man (Durden) was unarmed. When asked Fisher said he would not have fired the shot had he known it was his stepson.
According to Fisher, he and Tyler’s mother had been married only eight months at the time of the shooting and that he really didn’t know Tyler well. Fisher claims the two of them spoke only briefly on two occasions prior to the shooting, once at the funeral of a relative and another time during a family Christmas gathering.
Fisher testified that he and his wife were at home that Halloween night 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, who claims he has a concealed carry permit, 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”.
Again Fisher testified that he felt threatened by the man who he claims 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.
Greg Strong, Assistant District Attorney General, who prosecuted the case along with Assistant DA Evan Smith, said after the trial that he was disappointed with the verdict.
“We sought a second degree murder conviction. We thought that is what the facts warranted in the case so we are not happy with the verdict but when you try a case to the jury that is sometimes how it goes,” he said.
“The Department of Corrections will now do a pre-sentencing report that encompasses all his (Fisher’s) criminal history and all the facts related to this case and then we will go back in front of Judge Bray and he will fix the sentence on January 11”, added Strong.
Attorney Michael Auffinger of Murfreesboro, who represented Fisher said although he sought an acquittal all things considered he is satisfied that the verdict was for voluntary manslaughter and not for second degree murder. “ Its obviously a lesser included offense. For now I am happy with it but ultimately its Mr. Fisher’s decision what happens after sentencing in terms of seeking a new trial,” said Auffinger.
“Voluntary manslaughter is adequate provocation so the jury found that there was some role that the victim played in the defendant’s action,” added Attorney Jon Slager, who assisted Auffinger for the defense.