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Show Fisher Sentenced to One Year In County Jail PANGUITCH Judge K.L. Mclff sentenced the final two defendants in the North Star case on Dec. 19 in 6th District Court in Panguitch. North Star counselor Craig Fisher, 22, who had been found guilty of neglect and abuse of a disabled child, a third degree felony, at his October trial in Richfield will be the only North Star defendant to spend time in jail. Fisher, weeping, was sentenced to one year in jail with a review set for April 3. Mclff authorized Garfield County to use Fisher on its road crew while doing his jail time. He said he didn't want Fisher sitting in jail watching videos. He also ordered 36 months probation and 720 hours of community service for Fisher following his release from jail., along with a $2,400 fine. His co-worker Eric Henry, who was not represented by counsel, signed a nine-month diversion agreement with the court under which he agreed to not to work for pay with youth . and to commit no crime. At the end of nine months, either Henry or the state may move for dismissal. Charges had originally been filed against two owners and seven North Star counselors seven months after 16-year-old Aaron Bacon died from perforated ulcers while enrolled in the program. Fisher was the only one of the nine to elect to go to trial, with charges either dismissed or plea agreements reached for the eight others. State's attorney Craig Barlow praised Garfield County Attorney Wallace Lee for having the "courage" and "decency" to pursue prosecution of the North Star case and "the humanity to make sure that thiscase was properly handled and brought to conclusion. "But for Mr. Lee this case would have never been tried," Barlow said, "it would probably never have been investigated ..." Barlow said he felt the county owes Lee "a debt of gratitude." In making his recommendations to Judge Mclff before sentencing, Barlow said he didn't know why Fisher failed to provide proper food and care for Bacon and that his actions were neither "benign" nor "inadvertent." "The abuse was purposeful," Barlow said. In asking for jail time for Fisher, Barlow said, "if the punishment that is imposed is not perceived as punitive as punishment punish-ment then I think much of the value is lost" He said he didn't feel that Fisher himself would feel punished if he didn't spend some time in jail. The court-ordered evaluation of Fisher by Adult Probation and Parole's Reid Bean recommended probation with six months jail time. Barlow said the state's prosecutors prose-cutors were not recommending "months and months and months" of incarceration for Fisher but "if he doesn't spend some time in jail," Barlow said, "the Bacons will not feel and perceive that there has been punishment in this case." Before imposing sentence on Fisher, Judge Mclff said he thought jurors in Fisher's Richfield trial were "very perceptive." A letter he had received from a woman juror who had served at Fisher's Richfield trial said they found no evidence that Fisher intended young Bacon's death. The letter said that they the jurors didn't think the defendant ought to be imprisoned but that he ought to be held accountable. Judge Mclff ordered Fisher to begin his jail sentence on Dec. 27. Fisher's attorney Kent Winward filed for a stay of execution on Dec. 20 citing six separate points and Winward's likely success of winning win-ning on appeal, but the judge disagreed disa-greed and denied the stay. Subsequently, Subse-quently, Winward filed notice of appeal in Sixth District Court on the judge's denial of the stay but he is also appealing the final judgment and sentence. |