County Still Mulls Drive-By Shooting Charges

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Back on Nov. 20, deputies arrested 40-year-old Show Low resident Jack Fisher after he allegedly fired his 9 mm handgun out the window as he drove along Highway 260 near Star Valley.

Gila County Sheriff Sgt. Craig Smith and Deputy David Horning arrested three suspects in the shooting outside the Pizza Hut at 113 N. Highway 87 in Payson.

Nearly a month later, the county attorney has yet to decide what charges, if any, to file in connection with the incident.

Meanwhile, Fisher posted a $15,000 bond the day of his arrest. Police had sought misdemeanor charges of misconduct with a weapon in the incident. Although a Web site run by the state Supreme Court indicated Fisher has pleaded not guilty to those charges, Gila County Attorney Daisy Flores said she has not yet decided on what charges to bring. She could not account for the information on the court Web site.

Deputies also arrested, on charges related to the same incident, the other two people in the car with Fisher, Anna Avena, 51, and Charles McDowell, 27, of White Mountain Lake.

McDowell and Avena were released on their own recognizance the same day that Fisher made bail.

A representative with the Gila County Sheriff's Office said McDowell was only a passenger in the SUV and did nothing wrong, so police never sought charges.

The county attorney has not decided whether to bring formal charges against Avena either and her case is also still under review, said a spokesperson for the county attorney's office.

Deputies recommended charges of misconduct involving weapons and theft be brought against Avena.

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