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Old 10-15-2008, 09:00 PM   #16
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Quote:
Originally Posted by marlins3
This scumbag should have been castrated with a rusty blade. I wish Mr. Burbank would have shot him.
AWESOME!!! I totally agree. I think that more punishments should fit the crime.
Sorry, but crimes against children make me sick!
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Old 03-16-2010, 11:10 PM   #17
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I just watched this segment, and came to the threads to check out the outcome. This infuriates me. First off, any prosecutor with an ounce of talent would be ashamed by this decision: This was obviously at textbook case of premeditated murder; the man lured Laura into trusting him, then kidnapped her and sexually assaulted her and killed her, period.

It was mentioned in the thread that this case was pleaded out to save money and time; if that was the case, then the prosecutor should have been held criminally liable, or thrown out of office (if the position is elected). I HOPE that it simply had to do with a lack of evidence and a concern that there would be a not-guilty verdict.

I also disagree that "20 years is not a lenient sentence." Remember, this man planned the kidnapping, abuse, and murder of a child. It's not like he fondled her or something; this was a despicable crime and I cringe that he is out on the streets. I can't begin to imagine the rage and devastation Laura's parents must be feeling
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Old 03-16-2010, 11:33 PM   #18
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I think there was a concern about the not having a guilty verdict. Remember though too, that while he initially pled out to manslaughter and got a 20 year sentence (which was the maximum at that time) due to good behavior and other things he got several years shaved off of his sentence. In fact, had he not escaped from prison, my guess is he would have been paroled within a couple years.

Did Fisher ever confess to doing it? I mean, frankly, I am surprised the prosecutor went to so low. If you were going to plead him out, why not 2nd degree murder? That could have got him anywhere from 10 to 40 years in prison. The manslaughter conviction was a maximum of 20 years, but he could have been let out in as little as 5 years.

Again, I am not defending what happened here but it was a different time. I mean 1970, like I said, it was just a different time. These days, this guy for sure would not have been pled down to manslaughter, I do know that. 2nd degree murder for a 20 to 40 year sentence would even be stretching it. My guess, he would get murder 1, get pled out to avoid the death penalty or LWOP. In Washington State, the laws are kind of complicated on murder there.

Looking at the official statute for first degree murder in Washington State it says the following: A person is guilty of murder in the first degree when A: With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person; or B: Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person; or C: He or she commits or attempts to commit the crime of either (1) robbery in the first or second degree, (2) rape in the first or second degree, (3) burglary in the first degree, (4) arson in the first or second degree, or (5) kidnapping in the first or second degree, and in the course of or in furtherance of such crime or in immediate flight therefrom, he or she, or another participant, causes the death of a person other than one of the participants: Except that in any prosecution under this subdivision (1)(c) in which the defendant was not the only participant in the underlying crime, if established by the defendant by a preponderance of the evidence, it is a defense that the defendant:

1: Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and

2. Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and

3. Had no reasonable grounds to believe that any other participant was armed with such a weapon, instrument, article, or substance; and

4. Had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.

First degree murder is a Class A felony under Washington State Law. A class A felony is a felony that is punishable by up to life in prison. This and all other laws are under the Washington State Reform laws which took effect for all crimes committed on or after July 1st, 1984 which eliminated the indeterminate sentencing of crimes, such as 10 to 20 year sentences, 20 to 40 year sentences, etc, and instead changed the laws to determinate sentences. People committed of violent offenses such as murder, if they get a non life sentence, are only allowed a maximum 10 percent reduction in their sentences due to good time credit unlike before where they on average got 40 to 50 percent of their sentences reduced.
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Old 03-16-2010, 11:42 PM   #19
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Now in Washington State they also have Aggravated Murder, which is higher than 'regular' first degree murder if one or more aggravated offenses are found. The only possible sentences for aggravated murder are the death penalty or life in prison without parole. According to the Statute,a person is guilty of Aggravated Murder if:

1. The victim was a law enforcement officer, corrections officer, or firefighter who was performing his or her official duties at the time of the act resulting in death and the victim was known or reasonably should have been known by the person to be such at the time of the killing;

2. At the time of the act resulting in the death, the person was serving a term of imprisonment, had escaped, or was on authorized or unauthorized leave in or from a state facility or program for the incarceration or treatment of persons adjudicated guilty of crimes;

3. At the time of the act resulting in death, the person was in custody in a county or county-city jail as a consequence of having been adjudicated guilty of a felony;

4. The person committed the murder pursuant to an agreement that he or she would receive money or any other thing of value for committing the murder;

5. The person solicited another person to commit the murder and had paid or had agreed to pay money or any other thing of value for committing the murder;

6. The person committed the murder to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group;

7. The murder was committed during the course of or as a result of a shooting where the discharge of the firearm, as defined in RCW 9.41.010, is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm, or both, to the scene of the discharge;

8. The victim was:

A. A judge; juror or former juror; prospective, current, or former witness in an adjudicative proceeding; prosecuting attorney; deputy prosecuting attorney; defense attorney; a member of the indeterminate sentence review board; or a probation or parole officer; and

B. The murder was related to the exercise of official duties performed or to be performed by the victim;

9. The person committed the murder to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime, including, but specifically not limited to, any attempt to avoid prosecution as a persistent offender as defined in RCW 9.94A.030;

10. There was more than one victim and the murders were part of a common scheme or plan or the result of a single act of the person;

11. The murder was committed in the course of, in furtherance of, or in immediate flight from one of the following crimes:

A. Robbery in the first or second degree;

B. Rape in the first or second degree;

C. Burglary in the first or second degree or residential burglary;

D. Kidnapping in the first degree;

E. Arson in the first degree;

12. The victim was regularly employed or self-employed as a newsreporter and the murder was committed to obstruct or hinder the investigative, research, or reporting activities of the victim;

13. At the time the person committed the murder, there existed a court order, issued in this or any other state, which prohibited the person from either contacting the victim, molesting the victim, or disturbing the peace of the victim, and the person had knowledge of the existence of that order;

14. At the time the person committed the murder, the person and the victim were "family or household members" as that term is defined in *RCW 10.99.020(1), and the person had previously engaged in a pattern or practice of three or more of the following crimes committed upon the victim within a five-year period, regardless of whether a conviction resulted:

A. Harassment as defined in RCW 9A.46.020; or

B. Any Criminal Assault.
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Old 03-16-2010, 11:45 PM   #20
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Second Degree murder is also a Class A felony in Washington State punishable by up to life in prison.

1. A person is guilty of murder in the second degree when:

A. With intent to cause the death of another person but without premeditation, he or she causes the death of such person or of a third person; or

B. He or she commits or attempts to commit any felony, including assault, other than those enumerated in RCW 9A.32.030(1)(c), and, in the course of and in furtherance of such crime or in immediate flight therefrom, he or she, or another participant, causes the death of a person other than one of the participants; except that in any prosecution under this subdivision (1)(b) in which the defendant was not the only participant in the underlying crime, if established by the defendant by a preponderance of the evidence, it is a defense that the defendant:

I. Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and

II. Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and

III. Had no reasonable grounds to believe that any other participant was armed with such a weapon, instrument, article, or substance; and

IV. Had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.
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Old 03-16-2010, 11:50 PM   #21
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Then the Manslaughter Statutes: First Degree Manslaughter is also a Class A felony punishable by up to life in prison although like with 2nd degree murder this rarely happens and in both 2nd degree murder and First Degree Manslaughter, even if sentenced to life it would be parole eligible at some point.

1. A person is guilty of manslaughter in the first degree when:

A. He recklessly causes the death of another person; or

B. He intentionally and unlawfully kills an unborn quick child by inflicting any injury upon the mother of such child.

Second Degree Manslaughter is a Class B felony which is punishable by a maximum of 10 years in prison:

1. A person is guilty of manslaughter in the second degree when, with criminal negligence, he causes the death of another person.
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Old 03-16-2010, 11:56 PM   #22
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So yeah, looking at it, it was the old laws that were more the problem. Like if Fisher did that crime now, there is NO WAY he would be getting pled down to Manslaughter. I expect at that time, back then before the laws were changed, that Manslaughter, while it carried a term of 20 years maximum as in first degree manslaughter, 20 years did not really mean 20 years, you had good time credit and a person usually became eligible for parole sometimes after only serving a couple years of their sentence. Whereas these days, I think the best that Fisher could hope for was a 2nd degree murder plea bargain and 20 flat years which in Washington State, like I said, the most a violent offender can get knocked off their sentence for good time is 10 percent. So that would mean that Fisher would have to serve at least 18 years before being released.

But you have seen this in other cases too. Look at John Wayne Gacy when he arrested in Iowa for sodomy. He pled guilty and got a 10 year sentence but back then you became eligible for parole after serving only 10 percent of your sentence, he was released after serving 18 months, and then was on parole for two years, he committed numerous violations and should have been sent back to prison but he slipped through the cracks and was discharged from parole in 1972 and that in my opinion is when he started killing.
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Old 06-22-2011, 10:29 AM   #23
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He had a creepy looking mugshot after his capture that was featured on one of the UM updates.
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Old 12-27-2011, 07:15 PM   #24
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Quote:
Originally Posted by mattc
I just watched this segment, and came to the threads to check out the outcome. This infuriates me. First off, any prosecutor with an ounce of talent would be ashamed by this decision: This was obviously at textbook case of premeditated murder; the man lured Laura into trusting him, then kidnapped her and sexually assaulted her and killed her, period.

It was mentioned in the thread that this case was pleaded out to save money and time; if that was the case, then the prosecutor should have been held criminally liable, or thrown out of office (if the position is elected). I HOPE that it simply had to do with a lack of evidence and a concern that there would be a not-guilty verdict.

I also disagree that "20 years is not a lenient sentence." Remember, this man planned the kidnapping, abuse, and murder of a child. It's not like he fondled her or something; this was a despicable crime and I cringe that he is out on the streets. I can't begin to imagine the rage and devastation Laura's parents must be feeling
Agreed. He took an innocent child's life away. Not only that, he severely abused her before doing so. Lord only knows the pain and fear she suffered at the hands of someone she trusted. He should still be in jail or on death row. Twenty years, which I believe he didn't even serve the full sentence of, is ludicrous. He shouldn't be walking on the streets where he can do that to another child or any other person; he shouldn't be out enjoying himself after taking away someone's life and destroying a family.

The update said he was being considered in other crimes against children, but I guess nothing came of those connections.
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Old 12-27-2011, 07:46 PM   #25
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When they found this guy after he had walked away from "prison", they said they found him with his wife and their 3 or 4 kids (I forgot how many they had) and she was blabbing on about what a great and responsible father he was.

When he was originally arrested, he had a 16 year old pregnant wife. Is this the same wife he was found with years later, with even more kids?
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Old 08-08-2018, 01:39 PM   #26
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I know this is a super old thread, but I ran across it looking for info on David Harry Fisher. I am in a relationship with the child his 16 yr old wife was pregnant with at the time and just wanted to answer your question, no, she is not the same wife he was found with in Canada. We have been unable to find any information regarding his release and would appreciate any help, it's scary to think he is out here in Washington somewhere!!
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Old 08-08-2018, 09:17 PM   #27
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Quote:
Originally Posted by justjen View Post
I know this is a super old thread, but I ran across it looking for info on David Harry Fisher. I am in a relationship with the child his 16 yr old wife was pregnant with at the time and just wanted to answer your question, no, she is not the same wife he was found with in Canada. We have been unable to find any information regarding his release and would appreciate any help, it's scary to think he is out here in Washington somewhere!!
Welcome to the board.

I'm surprised, if you live in Washington, that you can't find any information on his release.

Has your girlfriend ever met her three half-siblings? The ones Fisher fathered while in the run in Canada? An old article online says they were 10, 7 and 5 when he was arrested. That would make them 38, 35 and 33 today.
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Old 08-09-2018, 03:44 AM   #28
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Welcome to the board.

I'm surprised, if you live in Washington, that you can't find any information on his release.

Has your girlfriend ever met her three half-siblings? The ones Fisher fathered while in the run in Canada? An old article online says they were 10, 7 and 5 when he was arrested. That would make them 38, 35 and 33 today.
No, she has not been able to find them, she tried several years back but found nothing. I have been to all the websites that I have been referred to and there is nothing regarding his incarceration or release, frustrating.

She would very much like to find her half siblings and are hoping that someone here can help.
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Old 08-09-2018, 09:46 PM   #29
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The name of the woman with whom he had three children while living as a fugitive in Canada was Catherine Porter, though she has likely since reverted back to her maiden name and re-married.
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Old 08-11-2018, 05:21 PM   #30
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The name of the woman with whom he had three children while living as a fugitive in Canada was Catherine Porter, though she has likely since reverted back to her maiden name and re-married.
off topic here, but I am literally at your name and avatar. you joined in 2016 and have 3 posts? please come back more often!
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