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Resolution for former Iron County deputy facing child porn charges

Published: Saturday, Aug. 21 2010 10:43 p.m. MDT

David Russell Fischer

Iron County Sheriff

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CEDAR CITY — A former Iron County sheriff's deputy charged with 10 counts of child pornography-related charges has reached a "diversion agreement" with prosecutors.

The agreement — made in 5th District Court Tuesday — will allow David Russell Fischer, 33, who now lives in South Jordan, to avoid court litigation for the 10 counts of sexual exploitation of a minor, a second-degree felony, if he undergoes a psychosexual evaluation and any treatments the evaluation recommends, said Beaver County Attorney Von Christiansen.

"There is enough evidence to support the charges, in my opinion, but I do have some concerns about the evidence in the case," Christianson said. "If he (undergoes the evaluation) successfully, I've agreed to dismiss the case, but if he fails to get the evaluation or if he drops out of treatment, then we're right where we left off."

The charges stemmed from pornographic photos of minors that Fischer downloaded onto his computer between April 1 and April 9. Fischer's attorney, John Anderson, said his client "categorically denies" the charges but said the agreement, which he called "not typical at all," allowed for a quick resolution to what he felt was a weak case.

"We believe that there is basically no basis to the charges and that ultimately they would be dismissed anyway," Anderson said. "This is risk management and a way to resolve the case for everybody in a way that makes sense."

Christiansen made it clear that despite his concerns about the evidence, his office will pursue the case should Fischer fail to follow through on his part of the agreement.

"He has an opportunity here and if he fails to do that, then we start the case up again," Christianson said. "Now it's up to him."

According to Iron County Sheriff's Sgt. Jody Edwards, Fischer was employed with Iron County up until March when he was let go due to some "policy and ethics violations."

"He was released before," Edwards said. "It didn't have anything to do with these charges. We just had some serious ethical concerns and had to let him go."

e-mail: emorgan@desnews.com

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