How to resolve AdBlock issue? Judge Andrew Blum handed down the decision in the case 22-year-old Mavrick William Fisher in a Friday hearing in Lakeport.
District Attorney Susan Krones, who personally prosecuted the case, had wanted to pursue the retrial, but that ended with Blum’s decision.
“Mr. Fisher is very relieved that there won’t be a retrial,” said Fisher’s defense attorney, Tom Feimer. “I think it was a very well thought out decision.”
A jury convicted Fisher last month of involuntary manslaughter in the death of 25-year-old Grant David Whitaker of Mackinaw, Illinois, on Aug. 20, 2019. The jury also convicted Fisher of taking a vehicle – which Whitaker’s grandmother had loaned her grandson for the trip – without permission.
The jury found Fisher not guilty of murder and hung on charges of voluntary manslaughter and assault with a deadly weapon with a special allegation of great bodily injury or death.
The two young men, both deaf, had been traveling the West Coast together when they were involved in a disagreement that resulted in a physical confrontation while they were camping at Richardson Grove State Park in Humboldt County.
Fisher brought Whitaker’s body to Lake County, disposing of it on a ranch in the Scotts Valley area, before fleeing to Mexico, where he was taken into custody days after Whitaker’s death.
Fisher was extradited back to Lake County, where he’s remained in custody since his arrest. His trial proceedings were transferred to Lake County because Whitaker’s body was located here.
On Friday, Krones, Fisher and Feimer returned to court for an appearance before Judge Blum, who presided over the trial and made the determination that a retrial should not go forward.
Based on his research, Blum concluded that Krones could not retry Fisher for voluntary manslaughter based on the issue of “collateral estoppel,” a legal doctrine preventing relitigation of an issue.
In Fisher’s case, Blum concluded that the law does not allow for conviction of both voluntary and involuntary manslaughter.
Blum, under the authority granted to him in the state’s penal code, also dismissed the other charges the jury hung on in its November decision – assault with a deadly weapon and the special allegation of great bodily injury or death – in the interest of justice.
In explaining his reasoning, Blum said he believed it was unlikely that a retrial would lead to a conviction. He pointed out that in a normal case, where there is a killing inside of a building, there is forensic evidence to show where a victim was and how the assault took place.
“In this case, because the tent where this happened was packed up, there was no way to tell exactly where the victim was when he was hit,” Krones told Lake County News.
“The evidence was destroyed,” she added.
During the trial, Fisher himself took the stand and “testified extensively about what happened,” said Feimer.
“At the end of the day, it’s my belief that Mr. Fisher provided the most essential evidence in this case,” Feimer said.
Based on the verdict, “The jury, for the most part, believed his account of events,” said Feimer.
“If you follow the prosecution’s theory, they would have likely convicted him of murder. And that’s not what they did,” Feimer said.
While juries might not know the ins and outs of the law as lawyers do, Feimer said it’s his experience that they are pretty good at seeing through someone if they’re not being real with them.
“He came across as authentic and honest and that played a big role, I believe, in their verdict,” Feimer said of Fisher.
Feimer added, “It was a very stressful and long ordeal for him to go through that trial. He and his family are happy that there won’t be another one.”
Now, the defense is preparing for the upcoming sentencing hearing, which will take place at 1:30 p.m. Dec. 21 in Blum’s courtroom.
At that time, they will hear victim impact statements. So far, Krones said her office has received 12 of them, which the judge will consider before handing down the sentence.
The Lake County Probation Department has submitted its sentencing recommendations, which Krones said will become a public document when the sentencing occurs.
Blum has all options available to him when it comes to sentencing, from a maximum of four years in prison to probation, Krones said.
To date, Krones said Fisher has served 485 days in custody and is eligible for half-time credits. If he receives the maximum four-year sentence, Krones said that based on her calculations Fisher would have another 245 days to serve. If he receives a three-year sentence, the time remaining to serve will be 64 days. At the lower, two-year term, he’s likely to be released with time served.
Feimer’s goal is to get Fisher the minimum sentencing possible. “He’s a fairly young man. He has no record,” Feimer said, adding that although the jury found that the killing was not entirely excusable, it was done for a reason and for self-defense.
All of those things are factors that need to be considered, Feimer said.
The case has generated continuing interest in the deaf community nationwide, with both the prosecution and defense noting the attention it’s received.
Krones called it “a very unusual case,” with both the victim and the accused being deaf.
“I don’t think I’ve ever had this volume of messages in any previous case that I have had,” said Krones.
“The messages that I’ve been getting overall are people that are upset with the verdict and they believe that it was murder,” she said, adding she also has received some messages from those who believe Fisher is innocent.
Once he’s completed his time, Feimer said Fisher wants to return to Nevada, which he considers his home.
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