Estimated read time: 3-4 minutes
This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.
SALT LAKE CITY — Defense attorneys in Salt Lake City are asking a judge to take the unusual step of releasing a murder suspect from jail ahead of trial.
No one disputes that Emilee Petersen Fisher shot and killed her estranged husband, Ronald Fisher, at her South Salt Lake mattress business on March 19.
But her defense lawyers argue she did so either in self-defense or to protect her boyfriend, who ran away in fear and hid in a dumpster after Ronald Fisher confronted him about his relationship with Emilee Fisher, court documents say. They allege she had endured repeated abuse by her husband before his death.
Fisher's attorneys say her family and friends are willing to house her as she awaits trial, and an ankle monitor could ensure she stays put while on home confinement.
Third District Judge Amber Mettler didn't immediately rule on their motion for her release on Wednesday, opting to issue a decision in writing at a later time.
Prosecutors dispute the allegation of abuse and contend Emilee Fisher advanced toward her husband just before his death — rather than retreating — and fired six times, fatally striking Ronald Fisher through the shop's glass door. She waited several minutes to call 911 and did so in a voice so calm that "it is disturbing," said deputy Salt Lake County district attorney Vincent Meister.
"This is not a case of self-defense," Meister said.
If convicted, she could spend the rest of her life in prison, making her a flight risk if released, Meister said. He told the judge she's also a danger to the wider community.
Defense attorney Cara Tangaro disagreed, saying her client has no prior record of violence.
"I truly believe my client is the victim in this case, and victims react differently to different scenarios," Tangaro said. "So I don't think they can make that argument that somehow because she's calm that means this wasn't a justified shooting."
The case has delved into the Fishers' prior fraud convictions, with Ronald Fisher serving prison time for check-kiting and other schemes authorities said he carried out while pretending to be an airline pilot and multimillionaire.
Emilee Fisher was also convicted of wire fraud in the federal system, which restricted her from possessing a firearm, and is paying $11.2 million in restitution in installments.
On Tuesday, she wore a jail uniform with her hair in a braid. She nodded as her attorney described the proposed conditions of her release in the hearing held via videoconference.
Meister argued Fisher was actually trying to control her husband at the time of his death, in part by telling his parole agent that he'd threatened to harm or kill her, which would be a violation of his supervised release.
In reality, Ronald Fisher had been covering her expenses and she was worried he'd leave town and take his money with him, including a briefcase with about $186,000 worth of Iraqi currency, said Meister, who didn't explain why the man had that foreign money.
Meister said Emilee Fisher raised the threats allegation as "leverage" to keep her husband from leaving, but later retracted it.
Tangaro rejected the idea, saying any retraction was due to her fear of her husband, who Tangaro said had brutally attacked and raped her client in the past.
Emilee Fisher has not yet entered pleas to murder, first-degree felony, in addition to five counts of discharge of a firearm, felonies ranging in severity; and possession of a firearm by a restricted person, a third-degree felony.
