Moers dismisses charge against Evansville man confronted by 'predator catchers'
EVANSVILLE — A sex solicitation case spearheaded by the non-profit group Predator Catchers Incorporated fell apart this week after Vanderburgh County Prosecutor Diana Moers publicly questioned the methods of “vigilante groups.”
The Vanderburgh County Sheriff’s Office arrested 26-year-old Erik W. Fischer on one preliminary count of child solicitation, a Level 4 felony, Sunday after members of Predator Catchers Incorporated, which is based in Indianapolis, publicly confronted Fischer and accused him of attempting to meet a 14-year-old girl for sex.
The 14-year-old girl in question did not actually exist, according to the group and sheriff’s office detectives. A member of Predator Catchers Incorporated (PCI) had posed as a minor online in an attempt to seek out adults who may be looking to victimize children – a practice the group regularly employs, according to its website.
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Monday afternoon, a Vanderburgh County judge determined there was probable cause to charge Fischer with the offense and ordered him to be held at the county jail on a $50,000 bond. In an affidavit, the sheriff’s office wrote that it had reviewed digital evidence compiled by PCI which allegedly showed Fischer sending sexually charged messages to PCI’s “decoy” social media profile.
Detectives also said Fischer admitted he traveled to a CVS Pharmacy in Evansville on Saturday night for the purposes of meeting up with a girl he believed to be 14.
But, according to court records, prosecutors filed a motion to dismiss the case without prejudice Wednesday, a move Circuit Court Judge David Kiely signed off on.
Moers pens public letter, says investigation is 'ongoing'
That same day, Moers published a letter to social media titled, “Vanderburgh County Prosecutor Expresses Concerns Over Vigilante Groups.” The letter began by asking “all citizens to reach out to law enforcement immediately if they suspect illegal activity.”
Moers would go on to state in the letter that such groups “cannot be condoned by the Office of the Prosecutor for many legal and safety reasons.”
“Actions by private, untrained – and sometimes armed – individuals who confront others pose a serious risk to the community, themselves, and can undermine legitimate investigations and cases which they are not privy to,” she wrote. “There are local, state and federal investigations that the public is not privy to which can be thwarted by an unknowing civilian’s involvement.”
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Friday afternoon, Moers told the Courier & Press she considers the investigation to be "ongoing." She declined to comment on the specifics of the case.
Out of two dozen public comments posted to the Vanderburgh County Prosecutor’s Facebook page, only one seemed to agree such vigilante groups pose a threat. Some commenters went so far as to accuse the prosecutor’s office of protecting “child lovers.”
The social media response is, perhaps, symbolic of the entire episode: PCI’s video footage of their confrontation with Fischer has garnered more than 17,000 views on YouTube as of Friday. Hundreds of comments posted to the video express a spectrum of reactions, including one which reads, “Catching (pedophiles) is a SPORT Now… ?”
Sheriff voiced his own concerns
Moers isn’t the first Vanderburgh County official to express their consternation with PCI and other such groups. Robinson told the Courier & Press on Monday he had “concerns about vigilante groups” confronting criminals “without the proper training.”
“You might be able to do something like this 99 times and not be physically assaulted, shot or killed,” he said. “But eventually, it’s going to happen to you.”
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According to Robinson, PCI gave law enforcement no prior notice they planned to travel to Evansville and publicly confront Fischer Saturday night outside the Weston Road CVS Pharmacy.
Deputies first became involved in the situation, he said, when a store employee dialed 911 to report “disorderly conduct” as PCI members livestreamed video of their confrontation with Fischer from the drug store’s parking lot.
Robinson also said his deputies did not arrest Fischer solely based on PCI’s allegations. Robinson said deputies conducted their own investigation after it was made aware of the group’s claims, which included interviews with Fischer, who allegedly incriminated himself.
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In video footage posted by PCI, Fischer can be heard telling a VCSO deputy moments into their first interaction that he had been “doing some things online that I shouldn’t have been doing.”
“This has to do with a juvenile?” the deputy responds. Fischer then appears to say, “Yes, sir.”
Friday afternoon, Robinson told the Courier & Press he is "proud of the work our office did on this case."
"Ultimately though, the prosecutor has the sole responsibility to decide whether the state stands a substantial chance of prevailing at trial," he said. "I will be meeting with Diana soon to discuss this case and our options going forward."
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In her letter explaining the rationale behind dismissing the case against Fischer, Moers said there are “myriad of nuances to the law from investigation, arrest and prosecution that involve years of technical, tactical and legal training.
“What the public sees on social media and television is dramatized, incomplete, over-simplified and often inaccurate.”
She also told Vanderburgh County residents they have a “fighter in their corner.”
According to court records, Kiely ordered Fischer to be released from custody Wednesday. The case against him was dismissed “without prejudice,” meaning prosecutors could refile charges at a later date.
Houston Harwood can be contacted at houston.harwood@courierpress.com.
This article originally appeared on Evansville Courier & Press: Diana Moers asks for dismissal of charges against Erik Fischer
