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Updated: 5:01 p.m. Thursday, Jan. 31, 2013 | Posted: 12:49 p.m. Thursday, Jan. 31, 2013
By Mark Gokavi
Staff Writer
The man who pleaded no contest for robbing a Miami Twp. Walgreens and firing at a police officer with an AK-47 on Oct. 8, 2011, received a sentence of 50 years on Thursday.
Michael E. Fischer, 42, of West Carrollton, was sentenced for five felonies in the courtroom of Montgomery Common Pleas Judge Mary Wiseman. Fischer also must pay court costs to be determined and restitution of $6,025.18 for damages to the police cruiser.
“We’re thrilled. We’re absolutely thrilled,” prosecuting attorney Tracy Ballard Tangeman said. “It was the maximum that could have been given under the law following merger.”
Police reports show Fischer entered the Walgreens wearing camouflage and was armed with knives, a handgun and a AK-47 assault rifle. He pointed weapons at two employees, demanded and received three bottles each of Oxycontin and morphine and fired one shot at an employee.
Fischer then exited the store and shot six times at Miami Twp. officer David Ooten, with one bullet striking the headrest of the driver’s seat in the police car the officer was driving and another hitting the driver’s seat-belt strap. Ooten returned fire, hitting Fischer twice.
In explaining why consecutive sentences were imposed for aggravated robbery two counts of felonious assault, kidnapping and vandalism including firearms specifications, Wiseman said Fischer had at least six other criminal convictions and rattled off the list of weapons in Fischer’s control at Walgreens. They included the AK-47, a loaded .40-caliber pistol in a holster, a clip for the pistol with 14 rounds, four AK-47 magazines carrying 30 rounds each, three knives in his pockets and a fourth around his neck and two boxes of 20 rounds each of .223 caliber ammo used in AK-47s.
In Fischer’s vehicle, authorities also found a hatchet, a 12-gauge shotgun with a round in the chamber and four more in the magazine, two loose rounds of .223 ammunition and 15 rounds of 12-gauge shotgun shells.
“On Oct. 8, 2011, my problems became the problems of others,” Fischer said before sentencing. “I lost control of my mental faculties. I snapped. That was not the real me.
“To the defenseless ladies and gentlemen that I put in danger, especially the ladies behind the counter at the drug store and the police, for what it’s worth, I apologize and I hope you may forgive me one day.”
Tangeman noted that Fischer was found competent and sane by two psychologists. Jennifer Ooten, the wife of the officer targeted, addressed the court as her husband sat in the gallery, calling Fischer a coward: “In my mind, the longer that you are incarcerated, the safer my family, friends, neighbors and even complete strangers are,” Ooten said.
Wiseman noted that in the pre-sentencing investigation report, Fischer felt he was “getting screwed by the system.” Wisesman said Fischer also stated he feels bad for the victims in the pharmacy and thinks he should have died. “However,” Wiseman said. “When questioned about shooting at the police officer, (Fischer) stated, ‘He’s nothing special just because he’s a police officer.’ “
Before sentencing, defense attorney Marshall Lachman told Wiseman: “I ask the court to take into consideration that nothing, really, in Michael’s life, up until that October day, matches what he did on that day.”
After the sentence was announced, Lachman said he would appeal.
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