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”.