A Texarkana grandmother who killed her former son-in-law in 2015 received a 40-year prison sentence Monday as part of a plea bargain.
Annette Hilton Fisher, 54, must serve at least half of her sentence before becoming eligible for parole. Fisher appeared Monday before 5th District Judge Bill Miller with Mount Pleasant, Texas, lawyer Mark Lesher. Miller asked Lesher if he has any lingering concerns regarding Fisher's competency to proceed.
"None at all," Lesher said.
Fisher was deemed incompetent following a mental evaluation in late 2015 and spent months undergoing treatment in a state hospital before being found competent to proceed and also sane at the time of the offense in subsequent assessments of her mental state.
Assistant District Attorney Lauren Richards told Miller she had discussed the plea arrangement with the family of the victim, 28-year-old Russell Scott Cain, and that they were in support of it. Richards said Cain's family wanted to avoid the stress and trauma that would likely accompany a jury trial.
"You ruined my niece's and nephew's lives," said Russell Cain's sister, Alexandra Cain.
Russell Cain's daughter was a baby at the time of his death, while his son was 2 1/2 years old.
"He (Russell Cain's son) doesn't ask about you. He asks, 'When is daddy coming back from living with the angels,'" Alexandra Cain said. "You took my brother's life for reasons I don't understand. They (Fisher's grandchildren) will have nothing to do with you."
Fisher told investigators she believes Russell Cain mistreated her grandson. Child welfare officials who testified at a custody hearing for the children following the murder of their father said there is no evidence to support Fisher's claim.
"Russ Cain's family, especially his two small children, have suffered an unimaginable loss," Richards said. "With the family's agreement, the state entered into this plea agreement to save them any further pain they may experience by going through the trial process. Hopefully it will assist in providing the family some closure and peace and Mr. Cain's legacy will be that of a loving father to his children."
Fisher brought Russell Cain lunch from a local deli moments before she fired the first of nine shots at him July 22, 2015, in the parking lot of Pete Mankins Used Car Center on Summerhill Road in Texarkana, Texas, according to a probable-cause affidavit used to create the following account.
Fisher emptied one magazine from a Ruger .380 pistol before reloading and continuing to fire. Fisher told investigators she spoke to Cain on the phone earlier in the day "so he would expect her" when she arrived with food from Julie's Deli and some items belonging to Cain's then 2 1/2-year-old son, who had spent the previous night at Fisher's home. Fisher admitted that Cain's back was turned when she started shooting.
Officers found the murder weapon on the passenger seat of Fisher's car after pulling her over on Spring Lake Park Road minutes after Cain was fatally shot at the dealership where he worked.