Opinion No. 90
from the District Court of the Fourth Judicial District of
the State of Idaho, in and for Ada County. Hon. Jason D.
Scott, District Judge.
judgment of the district court is affirmed.
C. Pintler, Deputy State Appellate Public Defender, Boise,
argued for appellant.
Jessica M. Lorello, Deputy Attorney General, Boise, argued
an appeal out of Ada County challenging the statutory
elimination of the insanity defense and the imposition of a
determinate life sentence for the crime of murder in the
second degree that was committed when the defendant was
experiencing paranoia resulting from schizophrenia and was
under the influence of bath salts. We affirm the judgment of
the district court.
February 18, 2013, while under the influence of a controlled
substance, suffering from schizophrenia, and experiencing
paranoia and a delusion that he and his family were in
danger, Shawn Nathan Fisher ("Defendant") killed
one person and attempted to kill another.
p.m., a 911 operator received a call about a possible murder.
The caller reported that he was driving home from work on a
four lane road, when he came up behind a car stopped in his
lane of travel at an intersection. He stopped, and, after
waiting for the traffic to clear, he pulled around the car.
When he did so, he noticed that the driver was slumped over
in the driver's seat. Thinking that the driver may have
had a heart attack, he turned around and drove back to the
car to check on its driver. When he walked up to the car, the
driver's window had been rolled down, and he saw that
there was blood pouring from the driver's head. The car
was still running, so he turned it off. He also checked the
driver's neck for a pulse, and could not feel one. The
manual transmission was in neutral. It was later determined
that the driver had been shot in the face. The bullet hit the
left side of his nose and traveled to the rear of his head,
slightly to the right, passing through the brain. The victim
was 28 years of age, and was driving home from work. The
outside temperature was thirty degrees. Because the
driver's window was rolled down and there was a small
pool of blood on the roadway beneath the driver's door
and blood running down the side of the vehicle, Defendant may
have stopped beside the victim's car at the traffic light
and motioned to him to roll down his window before shooting
p.m., a 911 operator received a call that the operator
interpreted as being about leaving the scene of an accident.
The caller had left his apartment complex shortly after 8:00
p.m., to go to the store where he worked to visit his friends
and make a purchase. Then he intended to drive to the
university he attended to drop off a heat gun for use the
next morning on an art project. After getting into his car
and starting to drive away, he realized that he had forgotten
the heat gun. He stopped his car, backed up, and parked
parallel to the parking stalls. It took him about five
minutes to go back into his apartment, grab the heat gun, and
return to his car. Upon returning, he saw another car stopped
about fifty feet away facing his car. The other car's
headlights were on, and it was running. The victim thought at
first that he may be blocking a parking stall, but, after
waiting a few minutes, he drove past the other car, out of
the apartment complex, and onto a two-lane street. The other
car left the apartment complex using another driveway. While
driving down the street, the victim noticed the other car
coming up behind him very quickly. As the victim approached
the intersection with a five-lane street (two lanes in each
direction and a center turn lane), the other car slammed into
the rear of the caller's car. He turned south into the
outer lane of a five-lane street, and the other car pulled
alongside in the inner lane. He looked towards the other car,
saw the front passenger window explode outward, and heard a
bullet hit his car near his ear. The other car then sped away
southbound. The caller wanted to find a safe place before
calling the police, so he drove to the store where his
is no indication that Defendant previously had any contact
with either victim. He apparently selected them at random.
After his arrest, it was determined that Defendant was also
under the influence of bath salts.
was ultimately charged with murder in the first degree and
several other crimes, but on October 3, 2013, the district
court found him unable to assist in his own defense due to
his mental illness. The court committed Defendant to the
custody of the Department of Correction for care and
treatment. On February 17, 2015, the ...