Darian Patrick Fischer

CUSTODIAL DEATH REPORT Agency Information CDR Number: 22-1328-UF Version Type: AMENDED Report Date: 6/8/2023 2:32 PM Status: Submitted Agency/Facility Information Texas Department Agency Name: Agency Address: PO BOX 4087 Of Public Safety Agency City: Austin Agency State: TX Agency Zip: 78773 Director Information Director Salutation: Director Director First Name: Steven Director Middle Name: C Director Last Name: McCraw Joanne Reporter Name: Reporter Email: [email protected] Scarbrough Decedent Information Custodial Death Report :: Page 1 of 7 --- PAGE BREAK --- Identity of Deceased First Name: Darian Middle Name: Patrick Last Name: Fischer Suffix: Date of Birth: 12/19/1975 Sex: Male Black or African Race: American Age At Time Of Death: 46 Date/Time of Custody (arrest, incarceration) (mm/dd/yyyy hh:mm AM/PM): Date/Time of Custody or 9/23/2022 8:16 AM Incident: Date/Time of Death (mm/dd/yyyy hh:mm AM/PM): 9/23/2022 11:00 Death Date and Time: AM Manner / Cause of Death Has a medical examiner or coroner conducted an evaluation to determine a cause of death? Medical Examiner/Coroner Yes, results are Evaluation?: available What was the manner of death? (select only one) Homicide (includes Custodial Death Report :: Page 2 of 7 --- PAGE BREAK --- Manner of Death: Justifiable Homicide) Medical Cause of Death: Medical Cause of Death: Multiple gunshot wounds Had the decedent been receiving treatment for the medical condition that caused the death after admission to your jail's jurisdiction? Medical Treatment: Not Applicable If death was an accident, homicide or suicide, who caused the death? Law Who caused the death?: enforcement/correctional personnel If a weapon caused the death, what type of weapon caused the death? (Hold CTRL to select all that apply) Type of weapon that caused Firearm, death?: unspecified Was the cause of death the result of a pre-existing medical condition or did the decedent develop the condition after admission? Not Applicable; cause of death was Pre existing medical accidental injury, condition?: intoxication, suicide or homicide If death was an accident, homicide or suicide, what was the means of death? Means of Death: Firearm Custodial Death Report :: Page 3 of 7 --- PAGE BREAK --- Location / Custody Information Where did the event causing the death occur? Street Address: US 287 MP 274 City: Chillicothe County: Hardeman Zip: 79225 What location category best describes where the event causing the death occurred? Location Category: Roadway/highway/street/sidewalk What type of custody/facility was the Decedent in at the time of death: Pre-Custodial Use Type of Custody: of Force Specific type of custody/facility: Specific Type of Custody/Facility: Custody of Law Enforcement Personnel during/fleeing arrest What was the time and date of the deceased's entry into the law enforcement facility where the death occurred (mm/dd/yyyy hh:mm AM/PM): Entry Date Time: Entry Date Time N/A: Where did the death occur? Death Location: Scene of incident Custodial Death Report :: Page 4 of 7 --- PAGE BREAK --- General Information Did any other law enforcement agencies respond to calls for service related to this incident? Other Agencies Respond?: Yes What were the most serious offense(s) with which the deceased was (or would have been) charged with at the time of death? Offense 1: Attempted Capital Murder Offense 2: Aggravated Assault with a Deadly Weapon Offense 3: Evading Arrest Not filed at time of Were the Charges:: death What were the types of charges or reason for contact? (Hold CTRL to select all that apply) Violent Crime Type of Offense: Against Persons At any time during the incident and/or entry into the law enforcement facility, did the decedent display or use a weapon? Decedent display/use of Yes, mark all that weapons: apply Decedent Display or Use Discharged firearm Weapon Details: At any time during the incident and/or entry into the law enforcement facility, did the decedent: Custodial Death Report :: Page 5 of 7 --- PAGE BREAK --- Attempt to Injure Others?: Yes (select all that apply) Attempted to injure law enforcement Ways Decedent Attempted To personnel; Injured Injure Others: civilian(s) or other inmate(s) At any time during the incident and/or entry into the law enforcement facility, did the decedent: Appear intoxicated (alcohol or Unknown Make suicidal statements?: Unknown drugs): Exhibit any mental health Unknown Exhibit any medical problems?: Unknown problems?: At any time during the incident and/or entry into the law enforcement facility, did the decedent: Barricade self or initiate Resist being handcuffed or Yes No standoff?: arrested?: Physically attempt/assault Gain possession of officer's Yes No officer(s): weapon: Verbally threaten other(s) Escape or attempt to No Yes including law: escape/flee custody: Attempt gain possession No officer's weapon: Was the deceased under restraint in the time leading up to the death or the events causing the death? Under Restraint: No Summary of Incident Summary of How the Death Occurred: (max. 30,000 characters) Summary: On September 23, 2022, at approximately 7:00 a.m., troopers with the Texas Department of Public Safety heard radio traffic from Hardeman County that police were pursuing a suspect, later identified as Darian Patrick Fischer, in a truck tractor semi-trailer. The pursuit was initiated after the suspect shot an occupant of Custodial Death Report :: Page 6 of 7 --- PAGE BREAK --- the truck. Troopers responded and joined the pursuit outside of Chillicothe, Texas. Shortly after, the suspect stopped. He then exited on the passenger side of the truck and began shooting at law enforcement. The troopers and other officers returned fire, striking the suspect. The suspect died at the scene. No law enforcement were injured during this incident. Custodial Death Report :: Page 7 of 7