A parole hearing for 54-year-old Albert Wayne Fisher, Jr. may have resulted in another 18 months to serve before another hearing is granted. Fisher has served fourteen months 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 first parole hearing was held on Tuesday, March 14 at the Riverbend Maximum Security Institution in Nashville where he is incarcerated. Parole Board Chairman Richard Montgomery, who presided over the hearing, heard from Fisher as well as three supporters including his mother, and several family members along with the District Attorney General’s Office who are opposed to Fisher’s early release. Assistant DA Greg Strong 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, Chairman Montgomery, the only parole board member participating, said his vote is not to recommend parole at this time. Montgomery’s decision is not final. Four concurring Board member votes are needed to reach a final decision for this particular case.
“I have made my decision in this case. I will send it (case file) to the other board members. They will review everything and then vote. When there are four like votes, then we will inform every one of the final result which usually takes 7-10 days”, said Montgomery. If the board denies Fisher, his next opportunity for parole will be in September 2024.
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. 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.
During Tuesday’s parole hearing, Fisher said he regrets his actions and is sorry for the pain and hurt it has caused.
“I panicked and fear took over,” said Fisher. “I made a bad judgment that night to defend my wife, myself, and my home with my firearm that I was licensed to carry at the time. That bad judgment turned out to be the worst decision I ever made in my life because it would take the life of who I would later learn to be my wife’s 38 year old son Tyler Durden and that haunts me every day of my life. It traumatized me. I know there are a lot of lives that’s been impacted and it has strained my wife’s relationships with our family, her family mostly. I just want to say I am sorry to all those who have been impacted by my actions. I am so sorry it ever happened. I will forever regret the pain and hurt that I have caused so many people,” Fisher said.
According to Fisher, he and Tyler’s mother had been married only eight months at the time of the shooting and that he really didn’t know Tyler well. Fisher claims the two of them spoke only briefly on two occasions prior to the shooting, once at the funeral of a relative and another time during a family Christmas gathering.
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 including one called “Career Management for Success” in which he is expected to graduate at the top of his class next week. 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. If paroled, Fisher said he planned to reside in Carthage with his wife.
Fisher’s mother, Shirley was among three people at the hearing to speak on behalf of her son. Fisher’s prison mentor since January, Charles Hooks also spoke in favor of parole as did Todd Victor, a certified mentor of Tennessee Prison Outreach Ministries.
Nine members of Durden’s family in opposition to parole for Fisher appeared at the hearing including Kaylee Allen, Jessica Anderson, Ed Nokes, Charlotte Nokes, MyKenzie Wilson, LeAnna McDonald, Tonya Cantrell, Charlotte Parsley, and Lori Truax and many of them addressed Chairman Montgomery.
Durden’s cousin Kaylee Allen read a statement prepared by Durden’s sister Jessica Anderson who became too emotional to speak during the parole hearing.
“It has been 1,229 days since we lost (Tyler) but only 642 of those days has Fisher served for his murder. Tyler gave 19 years of his life serving his country in the United State Army. Tyler was a force for everything that is good in this world … On October 31, 2019, (Fisher) took that away from us. He took Tyler from me, his family, his daughter, and his friends. He recklessly and senselessly took my brother’s life. My life has been shattered. Fisher has never shown one bit of regret or remorse for what he has done nor has he apologized for these actions. Anything he shows today would be self-serving,” said Allen.
Durden’s girlfriend Lori Truax also spoke during the hearing.
“I miss him with every breath I breathe. I never got a goodbye. He was just gone. Grief such as this is so crushing. Loving Tyler changed my life. It should come as no surprise that losing him has too,” said Truax.
Assistant District Attorney General Greg Strong, who was the lead prosecutor in the case, appealed to the parole board to deny Fisher’s petition for early release.
Parole Board Chairman Montgomery then delivered his decision.