Hummel: No charges in fatal La Pine stabbing

Deschutes District Attorney John Hummel announced Thursday he has “cleared Albert Reisert of suspicion” and will not pursue any criminal charges against him in the Aug. 18 stabbing death of James Drake in La Pine.

“Reisert was being assaulted in his house by James Drake and stabbed him to protect his life,” Hummel said. “Reisert’s decision was justifiable under Oregon law and not only reasonable, but darn near unavoidable.”

Mark Fisher was present with James Drake at the time of the stabbing and was arrested that day for aiding Drake in the assault on Reisert that led to the stabbing, Hummel said. He earlier confirmed the three men had been drinking earlier in the day.

Hummel said further investigation and consideration of the evidence led him to charge Fisher with third-degree assault for another incident — not the assault in Reisert’s house.

Earlier in the day, Fisher and Drake mutually assaulted Reisert outside of Reisert’s house, the DA said, and it is this incident that Fisher is being charged for.

Hummel explained his reasoning: “It’s clear that Fisher and Drake assaulted Reisert outside of Reisert’s home. It’s also clear that later in the day, Drake assaulted Reisert inside Reisert’s home while Fisher was an observer.”

“However, the evidence is murky as to whether Fisher at all aided, directly or indirectly, Drake in this final assault on Reisert,” he said. “Therefore, Fisher is charged for his involvement in the first assault, but not for the second.”

Fisher was arraigned Thursday on the third-degree assault chargeoday on the charge of Assault in the Third Degree. The case will soon be presented to a Deschutes County Grand Jury for consideration. Fisher’s next court hearing is September 24, 2015 at 9:00 at which time he will be arraigned on an Indictment if the Grand Jury returns one.

Hummel praised the work of the Deschutes County Sheriff’s Office deputies and detectives: “From August 18 th until today Deschutes County Sheriff’s Office deputies and detectives have been working hard to determine the truth in this case. I joined the team during their interrogation of Albert Reisert and was impressed with the skill and commitment they brought to that job. Deschutes County residents are well served by their Sheriff’s Office.”

Hummel concluded by extending sympathies to the family of James Drake: “Everyone involved in this investigation extends our sympathies to the family of James Drake. I determined Albert Reisert’s actions to be justifiable, but justification does not equate to joy. A man who was loved lost his life. Our thoughts are with his family as they struggle with their loss.”