Accused drive-by shooter beats state for second time

Accused drive-by shooter Deonray Fisk leads the state of Tennessee by a score of 2-0 after he avoided a felony drug conviction, meaning he has sidestepped two convictions in as many months.

Fisk, 27, is awaiting trial on attempted murder charges for opening fire in late 2005 on four men on Sparta Highway in a drive-by style shooting which left one man wounded.

Meanwhile, Fisk, while waiting his trial, picked up a pair of charges while being held at Warren County Jail, charges which he has beaten, leaving him waiting only on his trial for the drive-by shooting.

The latest win came when Circuit Court Judge Bart Stanley threw out an indictment charging possession of drugs within a penal institution against Fisk, reinstating his earlier misdemeanor sentence for the crime issued in General Sessions Court. Fisk was found in possession of a quantity of drugs, found during a shakedown of his jail cell. He was then prosecuted for the drugs, at which time he entered a plea to the misdemeanor in General Sessions Court.

However, the plea was thrown out when it was determined the possession was a felony since it happened inside the jail. He was then sent to Circuit Court where Judge Stanley last week found the felony charges were not well taken, re-establishing Fisk?s misdemeanor plea.

The end result is that Fisk has already flattened the misdemeanor drug time while waiting on his drive-by shooting trial.

It was also during his time waiting on trial he was charged with assaulting a jailer. However, a jury, which viewed a video tape of the incident, found there was no evidence of assault and acquitted Fisk.

While leading the state 2-0, Fisk could still face 15 to 25 years in prison on each of his four attempted murder charges. He remains held at Warren County Jail in lieu of bond.