TEXARKANA, Texas -- The lawyer representing a Texarkana grandmother accused of murdering her former son-in-law refers to delusions in a recently filed motion for a mental evaluation.
Annette Fisher, 53, was arrested July 22, minutes after Russell Scott Cain, 28, was gunned down in the parking lot of Pete Mankins Used Car Center on Summerhill Road in Texarkana, Texas.
Police said Fisher told investigators that she killed Cain because she believes he was abusing her then-2 1/2-year-old grandson.
Texarkana lawyer Mark Lesher filed a motion Nov. 12, asking the court to order an evaluation of Fisher's competency.
In the motion, Lesher says Fisher believes she has been interrogated several times by law enforcement officers since her arrest.
Lesher said in the motion that he has investigated Fisher's claims that she has been questioned and "learned they are not true," but Fisher "appears to truly believe these delusions."
At a pretrial hearing earlier this month, Judge Bill Miller scheduled the issue for a hearing Dec. 17. Bowie County District Attorney Jerry Rochelle said the state may wish to have Fisher evaluated, as well, if a defense expert concludes she is incompetent to stand trial.
Police said in a probable-cause affidavit that Fisher arranged to drop off lunch from a local deli and a few of her grandchildren's personal belongings to Cain the day he was killed.
In the affidavit, police said Fisher began firing a handgun as Cain's back was turned to her. During the shooting, she emptied one magazine, reloaded and continued shooting, the affidavit said.
Cain and Fisher's daughter divorced in May. Cain was granted custody of the couple's two children, an infant daughter and a son. The children are now in the custody of Cain's sister.
Fisher's daughter is serving a term of misdemeanor probation stemming from a family violence assault. A motion to revoke her probation for repeated alcohol use was filed in October.
Fisher's case is scheduled for jury selection in March. If convicted of first-degree murder, she faces five to 99 years or life in a Texas prison. Bail is set at $1 million.
State Desk on 12/01/2015