LIVINGSTON COUNTY – The former assistant Boy Scout leader who pled guilty to using a child in a sexual performance was sentenced to state prison on Tuesday.
Daniel Fisher, 26, was sentenced to 3 to 9 years in prison for felony Use of a Child in a Sexual Performance.
“As a Scout Leader, [Fisher] built up trust and confidence, groomed the victim, and abused that trust,” said Assistant District Attorney Joshua Tonra. “He used bizarre explanations including the mafia and the FBI. I have great concern for Mr. Fisher moving forward. The pre-plea investigation shows little acceptance of responsibility.”
Fisher admitted in December to enticing a 14 year old boy to perform sex acts on himself over a video chat on the internet.
Tonra added that the victim’s family desired the maximum possible prison sentence and a lifetime order of protection. However, a lifetime order of protection is not legal in this case.
The minimum sentence in this case was 1 to 3 years, and the maximum sentence was 5 to 15 years.
“The tradeoff with this sentence is that the victim did not have to testify at Grand Jury,” said Tonra. “He didn’t have to bare his soul to the public and re-live what he has already had to go through.”
Fisher’s attorney, Chief Public Defender Marcea Clark Tetamore, noted for the record that it was Fisher’s decision to plead guilty and spare the victim Grand Jury testimony.
Fisher asked through Tetamore if his two cell phones, kept by the District Attorney’s Office as evidence, would be returned to him after the 30-day window in which he can appeal the sentence.
Tonra said that he would not commit to that and would follow the normal course of business for the DA’s Office in regards to releasing evidence after a case.