Point Place driver convicted in death of brother

Drunken-driving crash on North Summit St. sheared off side of car, killing Eric Fisher, 19

8/9/2013

All too often the victim of a drunken-driving crash is a friend of the driver. In a Point Place man’s case, the victim was his friend and younger brother.

Zachary Fisher, 22, of 2720 106th St., pleaded no contest Thursday in Lucas County Common Pleas Court and was found guilty of aggravated vehicular homicide for recklessly causing the death of 19-year-old Eric Fisher 11 months ago.

Although the conviction carries a possible prison sentence of one to five years and requires a driver’s license suspension of at least three years, Mark Herr, an assistant Lucas County prosecutor, told the court he would not be opposed to community control for Fisher. He said he would not recommend a sentence, but would leave it to Judge Stacy Cook's discretion.

“This could be a very difficult one,” Mr. Herr said. “Many times victims in these offenses are friends, and not too often are they family members. They’re always tragic. In this instance, the parents of the decedent are the parents of the defendant.”

Fisher and his brother had been out together with friends at several downtown Toledo restaurants and bars when they headed home about 2:30 a.m. on Sept. 11, Mr. Herr said.

Fisher lost control of the car on a curve in the 1600 block of North Summit Street, near the former Riverside Hospital, and struck two utility poles, which sheared off the right side of the car.

“The defendant was knocked unconscious temporarily, and his brother ended up laying in the street,” Mr. Herr said.

At the hospital, Fisher’s blood-alcohol level was measured at 0.14 percent, well above the legal limit of 0.08.

Eric Fisher was pronounced dead within earshot of his brother.

Mr. Herr told the court Fisher was not getting special treatment.

“My sense is, regardless of what you impose as far as a sentence, he’s going to have to live with this for the rest of his life, and I think that will be a more serious punishment than anything the court system can apply in this circumstance,” Mr. Herr said.

Judge Cook scheduled sentencing for Sept. 26.

Contact Jennifer Feehan at: jfeehan@theblade.com or 419-213-2134.