VISTA, Calif. — An ex-San Diego County sheriff's deputy who pleaded guilty to criminal charges for sexual misconduct involving 16 women he came into contact with while on patrol was sentenced Tuesday to 44 months behind bars followed by 16 months of post-release supervision.
As part of the sentence, Richard Fischer will not have to register as a sex offender and will also not be eligible for parole.
Some of Fischer's victims came forward and told the judge they did not want him to have to register as a sex offender because it would affect his wife and daughter.
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During sentencing Fischer's attorney apologized on his behalf and she assured the judge and the public that he will no longer be a threat especially since he will no longer be able to work in law enforcement.
Richard Fischer - a former U.S. Marine - faced up to five years in prison for sexually assaulting women while on duty between 2015 and 2017 in North and East San Diego County. The victims said Fischer groped, hugged or tried to kiss them, according to the District Attorney's Office.
Fischer entered his plea in September to four felony counts of assault under color of authority, two misdemeanor counts of assault under color of authority, and one misdemeanor count of false imprisonment. All 16 victims are included in the charges to which Fischer admitted.
He previously faced 20 felony and misdemeanor charges and was looking at potentially more than 25 years to life.
Fischer will serve 22 months in a county jail before he is eligible for release. Following his release, he'll be subject to GPS monitoring and will have to undergo psychological evaluations. He'll also be barred from obtaining another job in law enforcement.
San Diego County Superior Court Judge Daniel B. Goldstein told Fischer, "You operated with impunity, believing that you would never get caught. And you operated like that because you thought nobody would ever believe (the victims.)"
Whether he would have to register as a sex offender was a substantial part of Tuesday's sentencing hearing. None of the charges to which Fischer pleaded are sex crimes, though Goldstein had discretion to consider requiring him to register as a sex offender.
Among the judge's considerations was a letter that the majority of the victims submitted earlier this year, in which they stated they wanted a resolution to the case and would not make any requests regarding his sentence or sex offender status. Some of the victims stated they took into account the impact sex offender registration would have upon Fischer's family.
Goldstein also considered a trio of psychological evaluations concluding that Fischer represented a low risk of re-offending, and that much of his conduct was steered by the power dynamic his badge afforded him.
Based on those issues, Goldstein ruled against ordering sex offender registration.
However, the judge said custody was needed due to the harm he imposed on his victims, as well as the harm to the public trust in law enforcement. Goldstein said the case has "chilled womens' ability to communicate with law enforcement," and could make them less likely to contact law enforcement, even if it's sorely needed.
"Unfortunately, you've disgraced your uniform, you've disgraced these deputies who are in my department every day," Goldstein said, referring to the bailiffs in his courtroom. "You've disgraced the Marine Corps. I can't imagine what you were thinking."
Why doesn't Fischer have to register as a sex offender?
