Man gets prison for beating parents
BALLSTON SPA >> Brandon Fisher was sentenced Friday to 10 years in prison for the Feb. 15, 2015, beating of his parents with a metal baseball bat at the family’s Kania Road home in Galway.
Saratoga County Court Judge James Murphy III ordered Fisher, 21, who has a form of autism, to first undergo mental health counseling and treatment at a state facility.
Murphy described an extremely troubled home life in which Fisher’s father, Gregory, led a double life of infidelity and abused his wife, Audrey, both physically and emotionally.
However, Murphy said Fisher made a number of “sad, chilling, disturbing” phone calls while in jail such as, “Dad lost an eye, but he has another” and “I should have finished the job.”
“Plainly this was a violent and senseless crime,” the judge said. “He continues to present a danger to other people.”
Fisher has been at Saratoga County Jail since the brutal attack. His father lost the use of his left eye. Both parents suffered broken arms and serious head injuries.
In addition, on Sept. 15, 2015, Fisher attacked a fellow jail inmate with a martial arts kick, which he has also pled guilty to. At first, he said the assault was in self-defense, but surveillance cameras showed it was clearly unprovoked, Murphy said.
Fisher wore dark green jail apparel, a short-sleeved shirt and long pants, to Friday’s sentencing. He was handcuffed and shackled at the ankles.
“Dad, I’m so sorry for hurting you,” he said, while reading a written statement. “Mom, I love you. Stay strong. Some day I will be back and we can create more beautiful memories. We will heal as a family. I promise.”
The original charge of first-degree assault, a class B violent felony, could have carried a sentence of up to 25 years.
Murphy established a range of five to 10 years when Fisher pleaded guilty to all charges shortly before his trial was scheduled to begin.
Fisher must serve at least six-sevenths, or more than eight years, of his sentence before becoming eligible for parole.
Fisher’s parents and half-sister, Heather Sumner, had asked the court for leniency during previous sessions of an unusual threepart sentencing hearing, which was drawn out by the case’s complicated nature.
“He’s not a threat to society,” a tearful Sumner said. “I love my brother and will stand by him every day of his sentence.”
Fisher’s attorney, Stacey L. Gorman, said she believed prosecutors handled the case in appropriately, given Fisher’s mental health
history. At 15, he was diagnosed with Aspergers Disease, which is now called autism spectrum disorder (ASD).
But Murphy said, “All parties agree that ASD is not a defense to either assault.”
Saratoga County District Attorney Karen Heggen said she was pleased with the sentence, which she said was appropriate despite Fisher’s mental condition and family problems.
“We do believe that he understood what he was doing,” she said. “We are also very concerned about the safety of the community at large.”
Assistant District Attorney Charles Bucca prosecuted the case.
Fisher had no prior history of criminal violence.
The attack was preceded shortly beforehand by a volatile argument when family members confronted Gregory Fisher about his infidelity. He had made numerous trips to New York City to meet another woman, Murphy said. Sometime later that day, Brandon Fisher attacked his father with a baseball bat in his parents’ bedroom. Upon exiting, he confronted his mother in the hallway and assaulted her, too. He then returned to the bedroom, took his father’s keys and drove the family vehicle to Tonawanda, near Buffalo, where police apprehended him two days later. During this time, Brandon Fisher checked Facebook to see if he had achieved some type of celebrity fugitive status, Murphy said. While in jail, he also tried to emotionally manipulate his mother and half-sister into altering their accounts about the attack and have them plead for leniency, the judge said.
However, he said Fisher has exhibited “some positive and hopeful traits” such as an interest in hobbies and photography. The sentence for first-degree assault includes five years of post-supervision. In addition, Fisher pleaded guilty to two counts of felony second-degree assault and one count of fourth-degree criminal possession of a weapon, a misdemeanor. He was sentenced to seven years each for the assault charges and one year for possessing the weapon. For the jail incident, he was sentenced to three years in prison. However, he will serve all sentences concurrently. Fisher has already served more than 18 months of his 10year sentence.