Man's 'mistake' results in prison sentence

Anthony Fisher, 35, was sentenced Monday to four years in prison for assaulting a police officer and six months in the Cape Girardeau County jail for resisting arrest and possession of drug paraphernalia.

A jury found Fisher guilty of those crimes Dec. 17 in Cape Girardeau County Circuit Court, Division I. Judge John Heisserer could have imposed a maximum sentence of seven years for the assault charge, a year for resisting arrest and 30 days for the paraphernalia possession.

Fisher was arrested in September at the Holiday Lodge on North Kingshighway after Cape Girardeau police rounded up eight Hispanic men suspected of drug possession.

Police noticed Fisher talking to some of the men in the parking lot. When Fisher saw officers arrive, he went back to the room he had rented there. Officers later went to that room to question him, and found him with drug paraphernalia. Fisher attempted to flee when police tried to handcuff him, and during the scuffle Fisher kicked Sgt. Kevin Orr in the head.

Public defender Jennifer Booth argued for leniency in sentencing, claiming that Fisher is now asking for help getting his life straightened out.

"This was not a terribly egregious offense," Booth said. "The victim was not significantly injured. It is the least serious assault on a law enforcement officer."

Fisher told Heisserer he had made a bad decision the night of his arrest and apologized to the state and to Orr for his injury. During the last four months he has been in jail, he said, he has had "a lot of things going on in my mind." He added that he has found religion, wants help for his drug problem, and is ready to change his ways.

"I know I need to change and to make an example for anybody who feels they can change," Fisher said. "I tell you sincerely with all my heart I do need to change. I made a mistake. I did. I want to move forward and don't let my children make the kind of mistake I made."

Assistant prosecuting attorney Angel Woodruff reminded Heisserer that he "placed him on probation reluctantly on Sept. 13 of this year. The very next day he was arrested."

The day prior to Fisher's arrest at the Holiday Lodge, he was given a four-year suspended sentence for drug possession. On Monday, Heisserer also revoked that probation and ordered Fisher to serve out the sentence concurrently with the sentences he imposed Monday.

"I do think you are sincere," Heisserer told Fisher. "I hope you can appreciate the position I am in. I can't let this deed go unpunished."

Heisserer encouraged Fisher to take advantage of the drug treatment programs available to him in prison.

lredeffer@semissourian.com

335-6611, extension 160