Testimony: Infant suffered traumatic injuries, father admitted to shaking son

Testimony: Infant suffered traumatic injuries, father admitted to shaking son

Max Oden /

Maj. Susana Watkins, a Deputy Judge Advocate at Fort Rucker, speaks to the media about the Article 32 hearing process Wednesday morning in front of the Soldier Service Center.

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FORT RUCKER – Five-month-old Dedrick Fisher Jr. suffered injuries as severe as those an older child would have suffered from a television falling on his head, according to testimony during a hearing on post on Wednesday.

The child’s father, Dedrick Fisher Sr., was present at the Article 32 hearing to determine whether there was enough evidence to continue through court proceedings against him. Federal authorities charged Fisher with involuntary manslaughter the day after Dedrick Jr. died last week.

With both a civilian and appointed military attorney at his side, Fisher held his head down and wrote in a notebook while pictures of his dead child were passed among legal counsel.

Dedrick Jr.’s mother, Eliana Arias Fisher, did not show up to testify.

A Fort Rucker special agent said during the hearing that Fisher admitted he was irritated when he shook Dedrick Jr. at least once in November before rushing him to a military police officer and saying the child choked.

Childrens Hospital Dr. Melissa Peters said via phone on Wednesday that Dedrick Jr. suffered injuries not consistent with being shaken just once.

Peters said she believed the child suffered critical inflicted traumatic brain injury and needed a tracheotomy.

Dedrick Jr. also had bruises on his arms and what appeared to be fingernail pinches between his fingers, which might have been from someone checking to see if the child was still responsive, Peters said.

Fisher Sr.’s civilian attorney, Victor Kelley, said he believed there was no evidence supporting an involuntary manslaughter charge against Fisher.

It could be another month before an autopsy report is completed.

“We’ve not heard anything on a cause of death,” Kelley said.

Article 32 investigating officer Maj. Cayla Slusher, who presided over the hearing, is expected to make a recommendation to Fort Rucker Commanding Gen. James Barclay on whether enough evidence is present to continue with the charge against Fisher.

Barclay is then expected to decide whether to forward the case to a general court martial who, within 120 days of the recommendation, would be expected to hear the case before determining Fisher Sr.’s fate.

If convicted, Fisher could face dishonorable discharge and up to 10 years in a federal prison.

“You can see this case has been aggressively pursued by legal counsel, and that there is a system of checks and balances,” Fort Rucker Public Affairs Officer Lisa Eichhorn said.

Graveside funeral services for Dedrick Jr. were Monday in Greenville, Miss.

It was not immediately known whether Fisher attended.

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Flag Comment Posted by voiceforvictim on February 12, 2009 at 10:02 am

In all of the media attention to this case there has been no voice for the victim.  This child was unable to defend himself against his soldier/father and now it seems he continues to be voiceless.  Dedrick Fisher, Sr. is now under basically house arrest with a guard on him 24 hrs. a day.  Free to go about the house as he pleases and chooses.  Dedrick Jr. is also under supervision. The supervision of angels 24 hrs. a day, free to be a child with no fears.  The spokesman for JAG reports the charges pending are involuntary manslaughter with a sentence of up to 10 years in federal prison. Ten years for the murder of a child is ridiculus. In Alabama the murder of a child under the age of 16 is a capital murder charge with a sentence of life without parole or the death penalty.  Why are there no state charges being filed against this adult?  Why is no one speaking out for the little victim. Was there no one else in the home with this child and wasn’t visitation to be supervised???  If the Dale County DHR had been looking out for this child why are they not being his voice now.  To the officers of the military looking into this case, DO NOT let this disappear.  This soldier has up to 120 days that a child no longer has.  Each day that passes is one that Dedrick, Jr. does not have.  So let it be known that someone is trying to be the voice for the victim

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