3 held to grand jury in scalding

Mdre Whitehead told Danville police Detective Robert Ladd that Damarintae “Mickey” Fischer invited him to Tiffany Jackson’s Sixth Street apartment on Oct. 10.

Once inside, Ladd testified Wednesday in Boyle District Court, Whitehead said he was accused of stealing an Xbox gaming system belonging to Fischer, then was scalded with hot water, pistol whipped, kicked, and had a pistol pointed at him.

Whitehead said he was robbed of $125, two new pairs of shoes and a watch before being pushed out the back door “and left to find medical assistance on his own,” the detective said.

Ladd was the only witness called during the preliminary hearing for Jackson, 26, Fischer, 23, and Fischer’s mother, Caprice Fischer, 38, who are charged with assault, robbery and kidnapping in the incident.

Ladd’s testimony was enough to convince Judge Jeff Dotson there was probable cause to send the cases of all three defendants on all three charges to a Boyle County grand jury over the protests of defense attorneys. Dotson also kept the defendants’ $300,000 bonds the same, saying they posed a danger to others if released, and they were returned to the Boyle County Detention Center.

Under questioning from Assistant Commonwealth’s Attorney Lynne Coleman, Ladd said he first interviewed Whitehead, 20, at Ephraim McDowell Regional Medical Center, where he was being treated for severe burns to his face, shoulders and chest, and one of his eyes was swollen shut. The interview lasted only about 10 minutes because pain medication Whitehead had received rendered him unable to continue.

The detective interviewed Whitehead a second time after he was released from the hospital. He is badly scarred and has been told by doctors he may not regain the use of his eye, Ladd said.

According to Whitehead’s version, Mickey Fischer was the main aggressor, though all three played a role in assaulting and robbing him, and preventing him from leaving, Ladd testified.

After arriving at the apartment, Whitehead said Caprice Fischer confronted him about the Xbox. He was then ordered to the kitchen, where Mickey Fischer threw a pot of boiling water in his face.

Mickey Fisher struck him several times with a pistol, cocked the gun and pointed it at him, Whitehead told the detective. Jackson and Caprice Fischer kicked him while he was prone on the floor.

Jackson used her cell phone to record a video of some of the incident, Whitehead said. Ladd said the phone has been taken into evidence.

Ladd said he also interviewed Willa Ford, who told him that her sister, Caprice Fischer, called her to say Mickey Fischer was going to hurt Whitehead.

When Ford arrived on the scene, she said she saw all three defendants surrounding Whitehead in the living room and wouldn’t let him leave. They told Ford not to call police as she left, but Ford called 911 to report the incident.

Mickey Fischer has not made a statement to police, Ladd said. Jackson and Caprice Fischer both maintained in interviews at the jail that Mickey Fischer poured the water on Whitehead and threatened him with the gun. The two women denied they played an active role in the assault, robbery or kidnapping, Ladd said.

A search warrant was executed on Jackson’s apartment and two pairs of new shoes, which Whitehead said he had purchased earlier that day, and a watch were recovered, Ladd said. The $125 in cash Whitehead said was taken from him was not found, and the handgun allegedly used in the assault hasn’t turned up, either, Ladd testified.

No wet rags or other evidence suggesting that water had been cleaned up were found in the apartment, and the only sign of a struggle was a sheet that had been used to divide two rooms had been torn down, the detective said.

In arguing against probable cause being found against Jackson, public defender Jenny Sanders said it appeared that the assault of Whitehead was to “punish” Whitehead for allegedly taking the Xbox, not physical force used to rob him. W.L. Wilson, who represents Caprice Fischer, said his client was not an active participant in any of the charges.

“She just walked into a situation and got caught up in it,” Wilson said.