State Parole Board Member Votes No on Parole for Albert Fisher, Jr. in Voluntary Manslaughter Case

September 25, 2024
By: Dwayne Page

Another twelve months!

That’s how long 55-year-old Albert Wayne Fisher, Jr. may have to wait before being granted another parole hearing. Fisher has served at least two and a half years of a six-year sentence for voluntary manslaughter in the fatal 2019 Halloween shooting of his stepson, 38-year-old Tyler Durden outside the Fisher home on Eckles Heights in Liberty.

Fisher’s second parole hearing was held on Tuesday, September 24 at the Riverbend Maximum Security Institution in Nashville where he is incarcerated. Parole Board member Zane Duncan, who presided over the hearing, heard from Fisher as well as supporters including his wife, mother, and pastor. Those opposed to Fisher’s release including the victim’s sister and cousin participated in the hearing by video conference from Cookeville. Support and opposition letters were also in Fisher’s file.

At the conclusion of the hearing, Duncan, the only parole board member participating, said his vote was not to recommend parole at this time. Duncan’s decision is not final. Four concurring Board member votes are needed to reach a final decision for this particular case. “I cannot vote for your release today. My vote is to decline you for the seriousness of the offense for one year. Ways to improve release at your next parole hearing are to maintain positive institutional behavior,” said Duncan.

If the board denies Fisher, his next opportunity for parole will be in September 2025.

Fisher stood trial on November 17, 2021 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. Two months later, Fisher was given the maximum prison term of six years for the crime by Judge Wesley Bray following a sentencing hearing in DeKalb County Criminal Court.

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 and never uttered a word. After the shooting, Durden was taken to Vanderbilt Hospital where he later died.

Durden was a drill sergeant and a 19-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 was unarmed.

During Tuesday’s parole hearing, Fisher said he regrets his actions and is sorry for the pain and hurt it has caused.

“I cannot articulate the conjunction of this crisis, but I am trying my very best to make something positive come from it. I feel I have let down so many people in my life. I am so grateful and thankful to my wife who is able to forgive me for such a great loss. She continues to be supportive of me, but I will still have to look into her hurting eyes for the rest of our lives knowing that I am responsible for taking her son’s life. I am so sorry and forever regretful for putting myself in this situation. I am sorry to all the people I have hurt and all that are impacted. I plea for your mercy and your forgiveness,” said Fisher.

According to his record, Fisher has had no write-ups while in prison and other than this voluntary manslaughter crime, Fisher has had no prior felonies or misdemeanors. His current custody level is minimum restricted. During his time in prison, Fisher has participated in educational and instructional programs. He also serves as a Braille typist in prison. His job is to transcribe English print to Braille for school textbooks to benefit blind children.

Fisher’s wife Debbie and mother of the victim Tyler Durden was among those at the hearing to speak on behalf of her husband. “I am here today in support of Albert being released on parole. He is a good man with a kind heart, and he would not intentionally hurt anyone. Albert is planning the rest of his life to help others and be successful and I want to be part of that and help him as much as I can. Albert has taken all the various classes and programs here at Riverbend to educate himself and be successful when he re-enters society,” said Debbie Fisher.

Shirley Fisher, Albert’s mother, also spoke on his behalf. “I talk to him about every day on the phone. I miss my son. I love him and I know he never intended to kill nobody,” she said.

Jeremy Chad Coppinger of the Alexandria Church of God, Fisher’s pastor spoke at the hearing. “I have been his pastor for 18 months. I got to know him while visiting here (prison) and corresponding through letters. He (Fisher) has expressed an interest in becoming a minister and sharing the Gospel with his experience. We have talked with our state education director about enrolling him in CAMs (Calling and Ministry Studies) to get his credentials in the Church of God. But before that we will probably look at getting him in the international headquarters to do a program. Wayne is very forgiving, and he knows what forgiveness is and I believe God has accepted that from him and I believe he deserves a second chance,” said pastor Coppinger.

The victim’s sister, Jessica Anderson asked that Fisher be made to serve his complete sentence. “Last year we stood before this board and heard how that Fisher had been an exceptional prisoner while being at Riverbend. Yet if he had been an exceptional human being and law abiding, he would not be here and my brother would not be dead,” said Anderson. “Fisher is evil and a con. Fisher shot an unarmed and innocent person that was of no threat to him. My brother was across the street walking away and Fisher yelled for him to come back. Fisher has hardly served any time for the crime he committed though no amount of time will undo what Fisher has done to bring my brother back or give us more time with him. I ask that Fisher not be granted parole. He was sentenced to serve only six years for the life he took. I ask that he be made to serve his time. Fisher is here with his family members to ask you to grant him his life back to be able to be with his family. I would like to know when the hearing for my brother is to ask for his life back for more time to spend with his family,” Anderson said.

Kaylee Allen, the victim’s cousin, read from remarks made by Durden’s 21-year-old daughter, Madison Durden, who was 16 years old at the time of his death. Madison, a resident of Florida, was unable to attend the hearing. “It’s been 1,820 days since my dad died. I still hurt every day that passes. I have been in many situations where a father should be able to be here and protect his daughter and he would have done that, but he is not here and that’s because of this man, Wayne Fisher. Why should the grieving process of my life take longer than Albert Fisher’s sentence? Tyler was a larger-than-life person who was killed by a careless action for a Halloween prank. He believed in the judicial process and fought for years overseas to protect his loved ones and for what was right all for this man, Wayne Fisher to take that away from him. Since my dad has passed, I have graduated high school, moved out, started but failed college and I found my passion. I plan to get married soon and I have to do all that without my dad. Every step of this has been heartbreaking and today I ask that you do not let Wayne Fisher out on parole”.

September 24, 2024
By:

On Monday, September 23, at Deer Creek Golf Course in Crossville, at the District 7 AA Tournament, the DeKalb County High School Golf Team had a stellar performance. The girls team won the District for the second year in a row with a score of 160, defeating the closest competitor by 24 strokes. Sophomore Chloe Boyd came in first place, Senior Alison Poss finished in 2nd, and Junior Emily Anderson finished in 5th. The Girls Team is 34-1 on the season.

The Boys Team finished in 2nd place, defeating White County, Livingston Academy, and Cumberland County, and upsetting Warren County, Stone Memorial, and Upperman. Cookeville finished 1st. The boys were led by Junior Bradley Hale’s 80, good for 5th place overall. Also contributing to the outstanding team performance were Junior William Blair, Junior Cooper Goodwin, Junior Jamison Troncoso, and Senior Seth Fuson. The boys are now 25-23 on the year.

Both teams will advance to the Region 4AA Tournament scheduled for Monday, September 30 in Cookeville at Golden Eagle Golf Course. The Tiger Golf Team is coached by John Pryor and Luke Dycus.

September 24, 2024
By: Dwayne Page

County wide zoning!

During Monday night’s regular monthly meeting, the county commission voted 11-1 to authorize the county planning commission to begin the process of establishing criteria for zoning in DeKalb County outside the municipalities which already have zoning. But whatever the planning commission recommends, it will return to the county commission for a final vote on implementation followed by a public hearing on the issue.

Those commissioners voting in favor were Tom Chandler, Daniel Cripps, Sabrina Farler, Myron Rhody, Tony (Cully) Culwell, Larry Green, Glynn Merriman, Jeff Barnes, Andy Pack, Mathias Anderson, and Beth Pafford. Commissioner Greg Matthews voted against saying he had not talked to anyone in his district who supports zoning. Commissioners Tony Luna and Susannah Cripps were absent.

Twelve people spoke during the public comment period of the meeting Monday night with concerns mostly about rock quarries setting up business in their neighborhoods. While zoning would most likely not stop any such quarry operation already here, it would possibly prevent something like it in the future from coming in a neighborhood with no restrictions.

Steven Cantrell said the latest concern is a data center with loud noise pollution planned for just outside the southern city limits of Smithville.

“DeKalb County needs to establish zoning laws and ordinances to protect citizens of DeKalb County and facilitate smart growth for the county,” said Cantrell. “Zoning is basically rules about what a piece of property may or may not be used for. In general, there are four types: residential, commercial, industrial, and agriculture. When new zoning is established for a county where none has existed before, basically everything is usually grandfathered for the current owner and those who inherit the property. Opponents of zoning, of which I have been one in the past but am no longer, usually are opposed to the potential of being told in the future what they may or may not use their property for. For example, they might have a house in an agricultural setting where they enjoy the tranquil environment of raising their family and socializing with friends and neighbors. They don’t plan on changing the use of their property,” explained Cantrell. “Now imagine one of those neighbors passes away and leaves the property to an out of state relative who just wants to sell the property and get the cash. They sell it to a new owner which is a corporation that plans to build a new data center there. A massive structure full of machines that require massive amounts of electricity that not only keep their computers running but to cool them as well. Without zoning there is nothing to stop them. The sound from these centers, as the folks in Limestone Tennessee found out a few years ago, started out as a low hum but then it got louder. Soon some residents said the noise was like a jet engine idling. The data center operates day and night growing louder at night and on the weekends because those are down times for the electric power grid. Down times when we are at home enjoying ourselves. The bottom line from this example is that you still have your property but if the data center is next door to you, they have just stolen your tranquility. As I understand from Mr. (Hilton) Conger, DeKalb County without zoning has its first data center in the process of being built just outside the city limits of Smithville, which does have zoning. Failure to establish effective zoning for DeKalb County deprives its citizens and the government of DeKalb County of the critical tools to protect the value of our property that facilitates smart growth for the county and into the future”, said Cantrell.

Matthew Pitt, a resident of the second district, spoke in favor of zoning and against the Jones Alexandria Quarry between Liberty and Alexandria.

“I would like to address the county commission and mayor on implementing zoning regulations in DeKalb County,” said Pitt. “I urge you to move forward with the plan and to do so as expediently as possible. Currently, I believe there are three quarries in district 2. Rogers Group is located a half mile southeast of the west school. The DeKalb County quarry is one and a half miles southwest of the west school and Smyrna Ready Mix is located less than five miles east of the west school,” Pitt said. “Additionally, Jones Brothers is trying to get permits to open a quarry on Willoughby Lane two and a half miles northwest of the west school. If you allow all these quarries to come in because you don’t have zoning regulations in place that would mean four quarries could be operating within the hazardous zone of five miles from our school. As you can see it is in every direction of our school. No matter which direction the wind blows rock quarry dust will be blowing in their direction. Rock quarry dust can pose a number of health hazards including respiratory issues such as silicosis, bronchitis, asthma, COPD, lung cancer, kidney and liver damage, fertility problems such as miscarriage, premature birth, and low birth weight. Quarry dust can also settle on plants blocking photosynthesis and stunting growth. Quarry dust can contaminate water bodies changing the ph. level and harming aquatic life,” explained Pitt. “My wife and I moved here 11 years ago in large part because DeKalb County is a beautiful and peaceful place. We have a 7-year-old son who loves to play outside and if Jones Brothers is allowed to open a rock quarry on Willoughby Lane their property line to ours is only 260 feet apart and a quarter of a mile to my back yard where my son spends most of his time. Not only would he be subject to harmful air at home but at school as well along with many other children. This is not acceptable. Rock quarry blasting could also harm our springs, wells, creeks, and water table. Another harmful side effect of the rock quarry blasts are foundational and structural issues. In April 2023 the blasting company that’s being used to widen the highway 70 project caused approximately $30,000 in damage to our home. As a result, I had to file a claim with my insurance company and now my premiums have increased. These are the types of businesses we don’t need operating in our county. The Jones Brothers quarry must be stopped from opening and operating on Willoughby Lane. You the elected officials whom we chose to represent us must act now with expediency and authority that the state of Tennessee has granted you to implement zoning regulations. We are depending on you to act swiftly and not reduce our quality of life,” said Pitt.

Second district resident Mike Antoniak said he also supports zoning regulations and further addressed concerns about the SRM quarry on North Driver Road.

“Last month I was here petitioning you to look at the County Powers Act and I appreciate the fact that you looked at it,” said Antoniak. “I understand it doesn’t have the teeth we need but that you are going to recommend zoning, and I would urge you to embrace it. Unfortunately, without zoning all it takes is one landowner willing to put personal profit before the common good to really ruin our lives. Its also a mechanism for controlling and planning ahead. Is there a representative of SRM here tonight,” asked Antoniak. “They should be because they have plans for the county but without zoning, we don’t know what their plans are. Two years ago, they purchased 74 acres in Smithville stretching from Main Street almost to the golf course. I have since heard that they have petitioned the city to possibly annex some of that land for low-income housing. They have to submit an application to the state to get this quarry going and I have had an opportunity to review that. They are projecting that they are going to do $1.7 million in sales at that quarry in a year. I don’t know what the county is going to get out of that. Their application also requires that they describe the level of degradation or the negative impact of their quarry. Their response in this application for the quarry on North Driver Road is that there will be very little degradation caused from the construction and operation of this facility. Many of us here tonight would strongly disagree. SRM also cites benefits from this quarry. Again, quoting from this application it says there will be local employment opportunities associated with the opening of this quarry. Operating this quarry also gives local residents and contractors another crushed stone supplier to purchase from. As for those jobs, SRM projects the quarry will employ a total of five people at a total salary of $22 per hour. Is that a fair trade of five jobs for the health, environment, peace of mind, and the lives we citizens have built here all to fatten the wallet of an outside corporation with no stake in our community? This is what happens when there is no zoning or nothing in place to guide, control, and regulate what happens to our county. County Mayor Adcock and commissioners, I implore you to do everything within your power to ensure that DeKalb County is never easy pickings’ ripe for exploitation again,” said Antoniak.

Before the vote, Commissioner Tom Chandler asked what the cost to the county would be regarding an inspector and the” various ramifications of going through the process of defining what is in which zone and how its going to be done,” he said.

“I want to see what the planning commission is proposing and give the public an opportunity to see what they are proposing before we (county commission) have a town hall discussion and vote on it,” said Chandler.

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