by Jackie Nunnery
HEATHSVILLE—In October, former Northumberland County deputy Edward Logan Fisher was found guilty by a jury of felony object sexual penetration by force and remained out on bond until sentencing.
On Thursday, April 23, Judge Lee A. Harris Jr. sentenced him to 20 years with 16 years suspended. But that will have to wait as Fisher was granted a $25,000 surety bond pending an appeal which was filed the following day.
In a motion to set aside the conviction prior to sentencing, defense attorney S.W. Dawson said that in addition to insufficient evidence of force presented at trial, jury instructions should have included misdemeanor charges of sexual battery or assault and battery.
Special prosecutor, Spotsylvania County Commonwealth’s Attorney Ryan Mehaffey, said those misdemeanor charges are not lesser included offenses of object sexual penetration by force nor would it be possible for a jury to have convicted Fisher on those misdemeanors since the statute of limitations had run out.
“The defendant is being punished due to fact of law because the Commonwealth brought this to trial years later,” said Dawson. Because of this, Fisher was denied his right to a fair trial and Dawson asked for the charges to be set aside for a new trial or dismissed, which Harris denied.
Arguing for a suspended sentence, Dawson said Fisher’s life had been “destroyed” by the allegations and conviction. “He will never recover and that is the real punishment.” He added that “with no option of local incarceration,” Fisher would be in danger once transferred to the Northern Neck Regional Jail. “There are scores of people that Logan has put there based on his role in law enforcement,” said Dawson.
Mehaffey pointed to the sentencing report which he said was “devoid of accountability and showed a lack of remorse. He just felt his side didn’t come out in trial.” He said it was a “deep betrayal when someone tarnishes the badge” and that “the level of accountability should match the level of betrayal.”
Fisher apologized to his wife, family and the victim and asked for mercy before Harris gave him an active sentence of four years.
Arguing for an appellate bond, Dawson said Fisher had been out on bail “without incident” and with a lengthy, possibly years-long appeals process, Fisher would face “the likelihood of extreme injustice if incarcerated and the charges were overturned on appeal.”
Mehaffey argued that “an appellate bond is particularly rare” and questioned Dawson’s suggestion that it was likely to be reversed on appeal. “It is injustice not to impose the sentence. Justice delayed is justice denied,” said Mehaffey.
Harris placed two conditions on the bond. Fisher cannot have contact with the victim and her family and any decision by the Court of Appeals of Virginia be reported to the Northumberland County Circuit Court within five days for a hearing.
