Fisher facing felony assault charge from 2009 incident

Aaron Michael Fisher is now facing a felony assault charge from a sodomy incident of a 5-month girl in 2009. He was previously charged with two counts of forcible sodomy but was released by judge's order in 2015 after arguing his rights to a speedy and fair trial were violated.

On Nov. 16, Miller County Prosecuting Attorney Benjamin Winfrey filed the class A felony first degree assault charge involving serious injury against Fisher for the alleged crime on or about Oct. 28, 2009, which is the same date as the sodomy incident of the infant.

Winfrey also filed a Sept. 8 probable cause statement on Wednesday that addressed the medical treatment of the 5-month-old girl who had suffered internal bleeding, head injuries and hemorrhages, as well as sexual abuse after further examination on Oct. 28, 2009.

Fisher, now 28 and was residing in Brumley at the time of the alleged crime, was charged the same day in 2009, with two counts of forcible statutory sodomy of the 5-month-old girl. Conviction of the crime carried a punishment of life in prison, without the possibility of parole.

According to the Sept. 8 probable cause statement, Fisher allegedly admitted to Miller County law enforcement officers he sodomized the infant. He also said the infant "wouldn't stop crying after he sodomized her, so he hit her in the head with his fist as hard as he could," the statement said. Fisher said he wanted the infant to die.

"(Fisher) did commit the felony of first degree assault by knowingly causing (the infant) serious physical injuries by striking her," the probable cause statement said.

The statement also said Fisher posed a risk to the community, as he allegedly also seriously assaulted his mother, who had been residing with him, which caused her to previously flee the state. Fisher was noted as a possible flight risk because he lived most of his life in Michigan and most recently in Ohio. His address is currently in Toledo, Ohio, according to court records.

A warrant for Fisher's arrest has been issued with conditions of a $100,000 bond, no contact with the victims, and his placement on a GPS monitoring device.

After Fisher's initial arrest on the two sodomy charges in 2009, he had been held without bond in the Miller County Jail or the state prison from 2011 until his release in 2015. He also served a four-year sentence on a separate case for causing damage to the county jail.

On Jan. 13, Missouri's Supreme Court assigned Cole County Presiding Circuit Judge Pat Joyce as a special judge to Fisher's case after Miller County circuit judges - Stan Moore and Kenneth Hayden - removed themselves from it.

Joyce's order in late October 2015 listed six different times since 2010 when Fisher's case was set for trial, then continued without any trial being held.

Joyce's decision was "with prejudice," meaning the state cannot refile the sodomy charges against Fisher unless the appeals court in Kansas City or the state Supreme Court overrule Joyce's ruling.