A sheriff’s deputy accused of groping and fondling 13 women he encountered while on the job must stand trial on all 15 charges arising from the allegations, a Vista judge ruled Wednesday.

Superior Court Judge Daniel Goldstein’s decision came after a roughly four-day preliminary hearing for Deputy Richard Fischer,who has pleaded not guilty to the charges — nine felonies and six misdemeanors.

Many of the charges are related to assault and battery under the color of authority.

The women, Goldstein said, “were put into a position where they could not adequately fight him off.”


In a few instances, the alleged fondling happened during hugs initiated by the defendant, according to testimony. Many of the women initially agreed to his request, but said they quickly became uncomfortable.

During one back-and-forth discussion with the judge, one of Fischer’s attorneys said women didn’t have to let the deputy into their homes or agree to his request for hugs. Goldstein responded that “the gravity of the offense is psychological coercion.”

“There is a tremendous amount of ability to exert coercion by the mere status (of being a law enforcement officer),” the judge said. “If a plumber asks for a hug, (a woman) is not going to feel the same psychological coercion.”

Aside from the criminal case, the victims are suing the county in civil court. On Wednesday, during his closing arguments to the judge, Fischer attorney Richard Pinckard questioned the credibility of the accusers.


Pinckard said their testimony “was exaggerated for the purpose of bolstering their lawsuits.” He called it “a money grab.”

As of early May, the county had reached settlements totaling more than $900,000 with four of the accusers. The remaining claims are unresolved.

Fischer, 32, has been on unpaid leave from the Sheriff’s Department since February.

As a sexual-misconduct case deepens within the San Diego Sheriff’s Department -- a 10th women has come forward with a legal claim against the county -- three alleged victims are raising questions about why the accused lawman has not been arrested.


In ordering Fischer to stand trial, Goldstein noted similarities in the allegations and circumstances, including the ages of the victims — many were in their 50s — and that they were vulnerable, “down on their luck,” when they encountered Fischer.

Some of the women met Fischer after calling 911 to report crimes such as domestic violence. Others had been stopped by the deputy for a variety of reasons, such as a busted tail light.

The accusers also had similar descriptions of the deputy’s alleged behavior, according to the testimony.

In some instances, Fischer would return to a woman’s home long after the official business had ended and ask to use the restroom, then ask to hug them, the accusers said. He also asked some of them if they were alone in the home.


Goldstein said the deputy’s actions appeared “designed more to assess vulnerability than to engage in a lawful investigation.”

One of the women testified that Fischer and another deputy had come to her San Marcos home in the middle of the night at the request of her father, who lived out of state and was worried about her welfare. After the deputies left, she went back to bed.

A knock on the door awakened her an hour later. It was Fischer, she said, asking to use her bathroom.

Before he left, he’d told her she was “hot” and hugged her twice. After the second time, she “knew something was wrong,” she said. She declined his request for a third hug and told him to leave. She said he did not grope her.


Her accusations kicked off the investigation into Fischer last fall.

In making his ruling, the judge said he’d never seen so much corroborating evidence introduced at a preliminary hearing — “It’s uncanny, actually,” he said — including evidence from a tracking device that put the deputy’s car in the places when and where victims had said incidents had happened.

Also, some accusers had made statements — including in text messages shown in court — to friends and family about their encounters with Fischer soon after they happened.

Goldstein also said he appreciated that “with everything going on in the world” prosecutors opted to address the charges in a preliminary hearing, which is open to the public. The other option would have been to take the case to a grand jury, a closed-door proceeding, and one that doesn’t allow defense attorneys cross-examine witnesses.


Sexual assault has become a topic of national conversation in recent months, including accusations against high-profile men and the #MeToo movement.

Goldstein added that Fischer’s case includes the topic of the unlawful use of authority, and “the last thing the public would want” is for the proceeding to be done in private.

In ordering Fischer to stand trial, the judge noted that the standard of proof at a preliminary hearing is far lower than it is at trial, which requires prosecutors to prove their case beyond a reasonable doubt.

Fischer faces 14 years, eight months if convicted.


teri.figueroa@sduniontribune.com


(760) 529-4945

Twitter: @TeriFigueroaUT