The 53-year-old man convicted of shooting and killing his stepson on Halloween night in 2019, was sentenced to the maximum last week. The case has left a local family torn apart with some, including the judge, saying he should have faced a lot more time.

On November 17, 2021, Albert Wayne Fisher, Jr. was convicted of voluntary manslaughter for the shooting that left his stepson, Tyler Durden, dead outside his mother’s home in Liberty. Fisher had faced second-degree murder in the case, which carries a punishment of 15-25 years, but the jury convicted him of the lesser crime of voluntary manslaughter.

On January 11, 2022, Fisher faced the DeKalb County Criminal Court again for a sentencing hearing, where Judge Wesley Bray sentenced him to the maximum, six years in prison. During the hearing, Judge Bray expressed his disappointment with the jury’s decision, stating “While I respect the jury’s verdict of voluntary manslaughter, I cannot understand it, given the proof in this case.”

During the trial, Mr. Fisher said that on that Halloween night he was sitting in his recliner at his home at Eckles Heights in Liberty when a heard a loud banging on his door. He said that the banging was so bad that it had knocked some picture frames off the wall.

Fisher claimed that he saw two individuals crossing the street, and he asked his next door neighbor, who had knocked on the door, and she pointed to a man in the “Scream” mask. Fisher claimed that he yelled out, “I’d appreciate if you’d respect my house. You knocked pictures off my wall.”

The masked man then turned around and walked to the sidewalk in front of the home. The individual then made a “come here” motion with his hands, then shrugged with his arms out, never saying a word.

Fisher then claimed that he told the man, “It would be best if you just get on down the road.” Fisher said that the figure walked up onto the first step when he told him again, “Get on up the street.”

Fisher said the man then started to dance before he hopped up onto the second step on the sidewalk, while he remained on the porch of the duplex. It was then that Fisher said he drew his concealed weapon, but the individual then made a gun gesture with his hand, pointing to his chest then forehead, before again shrugging.

He told the court that when the figure stepped onto the fourth step he cocked the hammer on the gun and said, “If you come any closer I will shoot you,” but the individual made the same gestures, pointing to his chest and head.

Fisher testified that when the man stepped onto the fifth step he could tell that he did not fear the gun, and that he thought that he was going to attack. He claimed he was aiming for his shoulder when he fired the gun.

After he was shot, Fisher said Durden fell onto his knees on the fourth step and pulled his mask off. Fisher said that Durden cried out, “Mom, I’m hit in the chest!”

Fisher claimed he felt threatened by the masked man as he climbed the stairs towards the duplex, but the testimony was contradictory to what other witnesses had said they saw. They claimed that Durden was at the bottom of the stairs when shot, some six to 10 feet away. They also said that it was clear that Durden was unarmed, holding only a bag of candy.

Fisher’s wife, Debbie, testified on behalf of her husband during the sentencing hearing, along with another character witness who told the court that he had never known Fisher to make threats against anyone, and that he trusted Fisher around his own children.

Both Fisher and his wife also claimed that the shooting was in defense, and that witnesses in the case had lied during their testimony.

Judge Bray saw things differently. “I don’t understand why you thought, Mr. Fisher, that at the time this was a good idea. What you’ve done is to give a black eye to all the gun owners who lawfully carry for protection.”

Judge Bray also questioned Fisher’s decision to fire on an unarmed masked individual on Halloween when he had no idea who the person was. “This was Halloween night. There were children around,” Judge Bray said.

After the hearing, Assistant District Attorney General Greg Strong said he was pleased with the sentence. “I’m happy with the sentence that was handed down. We got the maximum sentence for the offense that he was convicted of. It justifies where we thought we were with this case. It was a senseless killing, and in my opinion he went looking for it.”

Strong also said that he hopes this sends a message that you can’t just pull a gun and shoot someone without a real threat of harm. “I hope this sends a message that pulling a gun is not the first option because that is the first option that he (Fisher) chose here. He didn’t try to de-escalate this situation. There is no gun training out there that doesn’t teach you de-escalation first. He (Fisher) never tried that. This was his first option.”

Fisher will be given credit for time served and may be eligible for parole within two years. A motion for a new trial, if filed by the defense, will be heard on April 4.