"The worst thing that could happen in this case is that the sentence doesn't reflect what the defendant has done from age 16 to 20," Marshall said. ". . .Drinking and numerous driving offenses . . . sooner or later, these two things were going to be combined and tragedy would happen."
Marshall discussed some of Emel's past offenses, including Emel's March arrest for possession of cocaine and drug paraphernalia.
The drug arrest occurred three months after Emel killed Fisher.
"If Emel isn't eligible for the statutory maximum sentence . . . then nobody is," Marshall said.
Emel's attorney, Joseph Amendola, asked Judge Kistler to consider a combination of rehabilitation and prison time for Emel.
"Yes, Emel will be thrown in with rapists, armed robbers . . . but I dare say, I don't know how that will help his rehabilitation," Amendola said.
Amendola said the death of Fisher was a sufficient "wake-up call" for Emel.
But Marshall argued that Emel was still decisively negligent, even after killing Fisher.
"The wake up call, if any, was after he was caught drinking the second time and with cocaine in the hotel room," Marshall said. "A long prison sentence will speak volumes for Mr. Emel."
After arguments from both attorneys, Emel spoke to the judge and court, describing his remorse for his actions that led to and followed Fisher's death last Jan. 7.
"I apologize to the court and apologize to anyone who knows or is related to Mr. Fisher," Emel said. "For what it's worth . . . I'm sorry."
Kistler said Emel was not an eligible candidate for boot camp because it could interfere with the mandatory legislative sentence for homicide while driving under the influence.
"It is clearly evident to me that this is a pattern.
This was not a momentary lapse of judgment," Kistler said.
Emel has 30 days to appeal the sentence. Amendola said an appeal has not yet been discussed with Emel and his family.
Emel and several local businesses, including Damon's Restaurant, 1031 E. College Ave., were charged in a wrongful death suit filed by Fisher's sister, Carla Manley.
The suit claims that the co-defendants, who served Emel alcohol, are partially responsible for the driving accident that killed Fisher.