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.