A woman accused of gunning down her former son-in-law at local car lot has been found competent to proceed after spending more than a year in a state hospital.
In 2015, Annette "Anne" Fisher, 54, allegedly brought lunch from a local deli to Russell Scott Cain, 28, at his job at Pete Mankins Used Car Lot on Summerhill Road moments before emptying one magazine from a Ruger 9mm pistol, reloading, and firing additional rounds into the father of two, according to a probable cause affidavit used to create the following account.
Fisher, of Texarkana, allegedly claimed she killed Cain because she believes he abused her toddler grandson. Russell Cain and Elizabeth Davis Cain divorced in May 2015, according to court documents. Russell Cain was granted primary custody of the couple's then 2-and-a-half-year-old son and 8-month-old daughter, and Elizabeth Cain was permitted only supervised visitation.
In late 2015, Fisher's lawyer, Mark Lesher of Mount Pleasant, Texas, asked the court to order a mental evaluation because of concern Fisher's thinking was delusional. Following a finding of incompetence by mental health experts in February 2016, 5th District Judge Bill Miller ordered Fisher's committment to a maximum security state hospital.
While the issue of competency was not specifically addressed at a hearing Monday morning, it is clear from the court's actions that Fisher has been found fit to proceed. Miller scheduled the case for regular pretrial hearings and scheduled jury selection for January 2018.
Competency could continue to be an issue in the case. While Fisher might currently be fit to proceed, her mental state at the time of the alleged murder could become an issue in the case. A competency trial could be ordered, which might leave the determination as to whether Fisher can be held accountable for her alleged criminal conduct up to a jury.
Assistant District Attorney Lauren Richards is handling the prosecution. Fisher is being held in the Bowie County jail with bail set at $1 million. If found guilty of murder, she faces five to 99 years or life in a Texas prison.