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Deschutes DA weighs charges in deadly La Pine stabbing

KTVZ

A dispute involving three La Pine neighbors led to a fatal stabbing Wednesday and the arrest of the third man on assault, burglary and conspiracy charges. Deschutes County District Attorney John Hummel said late Wednesday the killing may have been in self-defense and may not lead to criminal charges.

Sheriff’s deputies, Oregon State Police and La Pine Fire paramedics were called to a property on Dustan Road for a reported stabbing around 4:25 p.m. on Tuesday, said Lt. Tim Leak.

They arrived to find James Joseph Drake Jr., 46, having suffered several stab wounds. Deputies and medics tried to perform life-saving measures, but Drake died at the scene, Leak said.

The lieutenant said there had been altercations earlier in the day between Drake and his next-door neighbors, 54-year-old Albert Thomas Reisert and 44-year-old Mark Patrick Fisher.

Hummel said Reisert lives in a trailer on Dustan Road, near the other two men, and that Drake and Reisert had a dispute earlier in the day outside the trailers over inappropriate dumping of wastewater.

“Fisher and Drake come in and are like, ‘You’re trashing the neighborhood,'” Hummel said after reviewing what the men told detectives. “They were being aggressive. Reisert felt threatened.”

The district attorney indicated the three had been drinking that afternoon.

Later Tuesday, after that confrontation broke up, Drake became “physically aggressive,” the prosecutor said. Reisert left the area and went home and into his trailer, followed by Drake and Fisher.

Fisher’s girlfriend, Valerie Michaeux, said Drake went over there to make amends with Reisert however police say otherwise.

Drake “gets in Reisert’s face,” Hummel said after reviewing the detectives’ interviews, and “Reisert is backing up down the hallway of his trailer.”

Reisert got back to his bedroom and landed prone on the bed, at which point Drake reportedly began assaulting Reisert, with “Fisher supporting Drake in the assault,” the DA said.

At that point, Reisert grabbed his knife and stabbed Drake several times, once in his neck.

Fisher was arrested on charges of first-degree burglary, third-degree assault and conspiracy to commit assault.

“They’re dropping up charges on my old man and I don’t think this is right,” Michaeux said.

Hummel noted that Reisert had injuries from the apparent assault. He said Reisert was interrogated by detectives and took him through a walk-though of his trailer.

The DA also said another witness confirmed Reisert’s description of what took place. So far, Fisher is the only person charged in the connection with the incident.

“He’s (Reisert) not been charged, but I’ve not made a final decision on whether to present the case to a grand jury,” Hummel told NewsChannel 21 on Thursday.

Micheaux said she was in her house while her boyfriend, Fisher, and friend Drake were in Reisert’s trailer.

“Jimmy died right there in my arms, trying to stop the bleeding,” she told NewsChannel 21 on Wednesday.

Micheaux said Drake had three wounds, on his neck and side.

“I had to get him down on the ground to stop the bleeding, and I couldn’t do it — he died.”

Police were called, but Drake died at the scene.

“It shouldn’t have ever took place,” Micheaux said.

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