10/28/2026
JURY FINDS MIDLOTHIAN MAN GUILTY OF DEADLY CONDUCT
Ellis County and District Attorney Lindy Beaty announced that on September 23, 2026, 33-year-old, Nathan Keller Fisher, from Midlothian, was convicted of Deadly Conduct following a jury trial in County Court at Law No. 3.
What began as a driving disagreement ended with a handgun pointed at an 18-year-old. Evidence was presented that Fisher walked down a shared alley in Midlothian and confronted victim, an 18-years-old male, and his girlfriend about the victim’s driving. The confrontation became quickly heated, Fisher shoved the victim, then walked back to his own property. However, Fisher quickly went to his truck and retrieved a loaded handgun. The victim’s great-grandmother went to speak with Fisher, and in response, the victim approached to make sure everything was okay.
Video of the encounter showed Fisher standing with the handgun as the victim approached his great-grandmother. After a brief argument, Fisher extended his arm, took an aiming position, and pointed the handgun at the victim while the victim’s girlfriend stood in between them.
For the jury, there was not an issue of self-defense. Instead, the question to be answered was “Did Fisher knowingly point a fi***rm at or in the direction of the victim?”. After hearing all the evidence, the jury found Fisher guilty.
The case was tried by Assistant District Attorneys Joshua Atilano and Christopher Schwieg. Following the guilty verdict, the parties agreed to a maximum term of probation and with the agreement for Fisher to forfeit the fi***rm involved in the offense. Fisher also pleaded true to a prior conviction, Driving While Intoxicated 2nd, increasing the consequences he faces should he fail to successfully complete probation.
Reflecting on the case, lead prosecutor Joshua Atilano said: “Like many proud Texans and members of our Ellis County community, I own and carry a fi***rm. The Second Amendment is a fundamental right, but this case was never about the right to own or carry a gun. It was about what you choose to do with that gun. Using a fi***rm to settle a verbal dispute is not just wrong, it can be criminal. Self-defense was not a factor here, and there was no legal justification for pointing a gun at another person out of anger.”
The Ellis County & District Attorney’s Office thanks the Midlothian Police Department for its work on this case, the witnesses who came forward and testified, and DA Investigators Steve Adams and Lena Aguayo for their assistance in preparing the case for trial.
We also thank the citizens who served on the jury. Jury service is an important part of our justice system, and we appreciate the time and attention they gave to the evidence presented in this case.
