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Soldier Gets Light Sentence
for Part in Winchell Murder


Compiled by GayToday


Fort Campbell, Kentucky—Specialist Justin R. Fisher, 26, wept openly in a military court as he apologized to the family of Private First Class Barry L. Winchell, for the part he'd played hiding bloody artifacts following the gay soldier's brutal beating death last year.

He followed this apology with an impromptu address to the dead man: ""Barry, I hope you can hear me…I'm sorry for the part I played in this. I know you are now in a better place. I hope you know that if I could go back to the morning it happened, I would have changed it all.''
privatewinchell.jpg - 6.88 K A soldier who hid evidence in the murder of PFC Barry Winchell (above) was sentenced to 12 1/2 years in prison

Previously Fischer had been charged with goading the actual murderer to commit the act. By means of plea bargaining, however, he was able to erase charges of premeditation and of being an accessory to murder. He was therefore sentenced to twelve and a half years in prison for lying to Army investigators about his involvement in the murder, which included the washing of a bloody bat that had been used against the murdered man as he slept.

Fischer will be eligible for parole in four years. He will be imprisoned at Fort Knox, Kentucky.

Winchell's mother and stepfather denounced the verdict. They could not understand, said Pat and Wally Kutteles, why the Army at first had charged Fisher to stand trial after he admitted to goading Pvt. Calvin N. Glover, 19, to murder their son and had then eliminated the most serious charges.

Fisher had supplied Glover, a minor under Kentucky law, with beer the murderer had been drinking into the wee hours of the morning on which he attacked Barry Winchell. The accused man's mother, Connie Butler, broke into tears telling how she'd divorced her abusive husband in 1987, blaming him for parental mismanagement.

He'd always seemed disappointed in their accused son's social, athletic and scholastic performances, she said.

Justin was "just not being the man" that her former husband had wanted him to be, she cried "He just could not get up to that standard for him.''

Related Stories from the GayToday Archive:
Murdered: Private First Class Barry Winchel

Murdered Soldier's Killer Says He Used Baseball Bat

Private Calvin Glover: Guilty of Premeditated Murder

Related Sites:
Servicemembers Legal Defense Network

GayToday does not endorse related sites.

A Nashville-based defense psychiatrist, Keith Caruso, told the court he'd diagnosed Specialist Fisher as an alcoholic with a cross-dressing fetish.

Though he harbored no homosexual inclinations, Fischer was given to wearing women's lingerie under his clothing and had found that his fetish not only aroused him but that it had made him feel more comfortable as well.

Fischer's fetish had apparently developed as he grew up among three sisters vying for the attentions of their mother. He'd hoped to be "one of the girls,'' the psychiatrist said.

C. Dixon Osburn, co-executive director of the Service Members Legal Defense Network, called Fischer's light sentence "a travesty."

"We're left with huge questions about why Ft. Campbell cut this deal," he said.

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