DATE: Saturday, November 22, 1997           TAG: 9711220357

SECTION: LOCAL                   PAGE: B1   EDITION: FINAL 

SOURCE: BY LIZ SZABO, STAFF WRITER 

DATELINE: CHESAPEAKE                        LENGTH:   66 lines

CHESAPEAKE JUDGE SENDS MURDER TRIAL TO GRAND JURY WITNESS SAYS PIZZA DELIVERY MAN KILLED BOSS, WENT PARTYING.

After he killed his boss over a deposit bag filled with money, Chanello's pizza delivery driver Forrest ``Chuck'' Fisher III and a female friend bought cocaine and partied until dawn, that friend testified in court Friday.

Fisher, 20, of the 1200 block of Dewberry Drive in Chesapeake appeared in General District Court on one charge each of capital murder, attempted capital murder, use of a firearm in commission of murder and use of a firearm in attempted murder, and two counts of armed robbery.

A judge forwarded Fisher's case to Circuit Court, where a grand jury will hear the case in January.

A friend of Fisher's, Andrea Allen, who witnessed the July 13 shootings, said she fled from the pizza store after the shootings, but later met Fisher. The two bought drugs from a man named ``Bubba'' then joined 20 other youths at an all-night party in Greenbrier.

Allen said she did not realize until after the crime that Fisher had used her gun, a .38-caliber revolver. Fisher had helped her clean the gun earlier in the day, she testified, and she had not seen it since she put it away, loaded, in her bedroom.

Allen was not employed at Chanello's, but had been keeping Fisher company as he made his deliveries, Allen said. Another former employee, Lisa Marie Martin, 19, of the 2400 block of Queenswood Drive in Portsmouth, was also at Chanello's that night, talking to assistant manager Jeremiah ``Jay'' Stephenson, 21, of the 500 block of Mount Vernon Ave. in Portsmouth.

The shootings occurred after Fisher returned from his last delivery, when all four were present.

Fisher, who had been reprimanded earlier by managers for failing to wear a Chanello's hat, wore dreadlocks in his hair and cut-off shorts, and had a tattoo on his leg and a pierced tongue, Martin said. Fisher confronted Stephenson as he prepared the night deposit of $1,500. Fisher fired once at close range at Stephenson's face, but the gun did not go off, Martin said. The men then struggled and Fisher shot again, this time fatally wounding Stephenson.

Fisher then turned the gun on Martin, she said.

Fisher shot her twice. She sustained bullet wounds to one hand and both sides of her head, which doctors told her indicates that she had tried to turn away and cover her face before the second shot, Martin said.

In court, she pointed out the scars on her hand, temple and above her ear.

Martin said she passed out after the second shot. When she regained consciousness, she called 911. Fisher, Allen and the money bag were gone.

The state has no evidence Fisher actually took the money bag, which has not been found, said defense attorney Robert Morecock. When questioned by Morecock, Allen denied planning a robbery with Fisher.

But fearing that police might search her house, Allen said she asked another friend to dispose of the murder weapon, some marijuana and drug paraphernalia, she testified.

Chesapeake police arrested Fisher in a sting operation hours later, after Martin identified him as the shooter, police said. Police contacted Fisher and told him his two co-workers were dead and asked him to help identify the bodies. Police then staked out an area where they suspected Fisher might be and took him into custody. ILLUSTRATION: Color Photo

Police arrested Forrest ``Chuck'' Fisher III after a shooting victim

identified him as the gunman,

police said. KEYWORDS: MURDER SHOOTING TRIAL

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