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Former San Diego sheriff's deputy who sexually assaulted women while on duty returned to prison after error in custody credits found

According to the DA's office, Fischer's release in 2020 was based on "miscalculated credits" that were later found resulting in his return to prison in November 2021

SAN DIEGO COUNTY, Calif. — An ex-San Diego County sheriff's deputy who pleaded guilty in 2019 to criminal charges for sexual misconduct involving 16 women he came into contact with while on duty was returned to prison last month, the San Diego County District Attorney's office confirmed to News 8 on Monday. According to the DA's office, Fischer's release in 2020 was based on "miscalculated credits" that were later found resulting in his return to custody. 

Richard Fischer was sentenced in December 2019 to 44 months behind bars followed by 16 months of post-release supervision. He was released on May 15, 2020 after serving only six months. At the time, the DA's office said he received custody credits under the law and was not released early.  

One of Fischer's victims, who asked to be identified only as K.H. told News 8 at the time of his release that she was stunned. 

"There’s just no justice, there’s just no justice," she said in May 2020. "How dare anybody just let this guy walk around?" 

K.H. was among the women who testified against Fischer in court. More than a dozen women accused him of misconduct while on the job. 

New information indicates that the custody credits were miscalculated from time counted as house arrest. A representative of the DA's office said once the error was determined their office filed a motion to vacate a previous agreement and "correct the error." A judge granted the motion, according to the DA's office, and 949 days of custody were reinstated. Fischer was then ordered back into custody. 

Fischer - a former U.S. Marine - plead guilty to sexually assaulting women while on duty between 2015 and 2017 in North and East San Diego County. The victims said Fischer groped, hugged or tried to kiss them.

Fischer entered his plea in September 2019 to four felony counts of assault under color of authority, two misdemeanor counts of assault under color of authority, and one misdemeanor count of false imprisonment. All 16 victims were included in the charges to which Fischer admitted.

He initially faced 20 felony and misdemeanor charges and was looking at potentially more than 25 years to life.

According to the San Diego County Sheriff's jail log, Fischer was booked back into the Vista Detention Center on Nov. 21, 2021. The DA's office said his release date is now anticipated as March 2023. 

As part of his original plea deal, Fischer will not have to register as a sex offender and will also not be eligible for parole.

The full statement from the San Diego County District Attorney's Office can be seen below: 

"Former Sheriff’s Deputy Richard Fischer was inaccurately awarded custody credits for time that was counted as house arrest under the law. During the height of COVID when the courts were mostly closed, the  DA’s Office was contacted by the defense regarding Fischer’s credit calculation. A stipulation was entered into between the DA’s office and the defense based on the miscalculated credits. When the DAs office determined an error had been made and the credits awarded to Mr. Fischer in the stipulation were not accurate, the DAs Office filed a motion to vacate the previous agreement and correct the error. The judge granted the DA’s motion which resulted in the reinstatement of 949 days of custody. As a result, Fischer was ordered back into custody and is serving his local prison sentence at the Vista Detention Center. His release date is anticipated to be in March 2023."

WATCH RELATED: Former San Diego Sheriff's deputy's victim stunned over his release from custody - May 2020


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