The arrest of Marquise Jarvis Whitemore, 30, of Roanoke Rapids, came after the sheriff's office was following up on a report of a careless and reckless driver around 9 p.m., Chief Deputy Scott Hall said in a statement.
Corporal Josh Langley located a vehicle matching the description on a parking lot off Highway 903 just outside Halifax.
Langley could reportedly smell the odor of marijuana coming from the vehicle as he approached the driver.
Through further investigation Langley located heroin, cocaine and marijuana in the vehicle and arrested and charged Whitemore. He faces charges of possession with the intent to sell and deliver heroin; possession with the intent to sell and deliver cocaine; possession of cocaine; maintaining a vehicle for a controlled substance and possession of marijuana.
He has a July 27 court date on Saturday's charges.
A May 2 court date on the charges in Fishel's death at the intersection of Tenth Street and Becker Drive passed and the case remains pending in court, the Halifax County clerk's office confirmed this afternoon.
A grand jury in March of 2015 determined Whitemore caused the death of the 25-year-old Fishel “while engaging in the offense of impaired driving. The impaired driving was the proximate cause of death.”
The indictment also notes Whitemore had a previous impaired driving conviction within seven years of the December offense, that conviction occurring in Virginia Beach in September of 2010.
A request for a search warrant filed at the time of the crash backs up statements made by Roanoke Rapids police, which say Whitemore was shot in the leg while in the parking lot of an East Tenth Street business. He was treated and released.
Investigator Frankie Griffin's search warrant affidavit says Whitemore then got into a Toyota Avalon to drive himself to the hospital and he approached the intersection of Tenth Street and Becker Drive “in a careless and reckless manner.”
His vehicle went into the path of multiple vehicles, coming to rest on its drivers side.
The document says Whitemore was carried to the hospital and at the time before Fishel's death later that evening, the case was considered an attempted murder. There was a strong odor of marijuana coming from the vehicle, the affidavit said.
Investigator Jeff Davis of the Roanoke Rapids Police Department said this afternoon he is still awaiting a state Highway Patrol reconstruction team report on the crash which claimed Fishel's life.