Deliezha Gravely habitual offender trial remains on track
Dec. 13—PRINCETON — A trial remained on track Monday for a Mercer County man facing the possibility of spending 15 years to life in prison after being charged last September as a habitual offender.
Deliezha D. Gravely, 27, of Bluefield was brought before Circuit Court Judge William Sadler for a decision conference. The conference was held to decide whether two his past convictions were qualifying offenses under the Habitual Offender Act. Gravely was charged Sept. 15 as a habitual offender.
Assistant Prosecuting Attorney Lauren Lynch, who represented the state at Monday's hearing, said later that Judge Sadler looked at two charges.
"The defense had filed a motion for a determination of whether there were certain previous convictions that would qualify as qualifying offenses under the Habitual Offender statue," Lynch said. "So there were two specific convictions that he wanted the judge to look at. One was his 2013 conviction for possession with intent to deliver marijuana in North Carolina. and then he had another offense for fleeing from law enforcement while driving under the influence."
Gravely was represented by attorney Robbie Dumapit.
Sadler ruled that the two convictions would qualify as offenses for being a habitual offender, Lynch said. The offenses can be presented at trial later in December.
"Basically, we just have to prove that those convictions belong to him," Lynch said.
Recidivism refers to a person's relapse into criminal behavior, often after being penalized for previous crimes, according to the National Institute of Justice.
"Our recidivism petition is based off of the North Carolina conviction for possession with intent to deliver marijuana, the fleeing from law enforcement while driving under the influence, and then our third conviction for conspiracy to commit robbery and then the final conviction, one we went to trial on back in August, for felon in possession of a firearm; so all four of those felonies," Lynch said.
"Lifetime recidivism carries 15 to life, so he would be eligible for parole after 15 years," she said. "And then he would be on parole for the rest of his life."
In January, Gravely pleaded guilty to conspiracy to commit robbery. He had been charged with first-degree murder and other offenses in the Dec. 22, 2019 shooting death of Edward Earl Duck III of Ohio. Deputies with the Mercer County Sheriff's Department found Duck in a car parked outside a Brushfork Road home while answering a complaint from a male individual who told dispatchers that he had been shot. Duck later died at Bluefield Regional Medical Center.
During his plea hearing on Jan.27, Judge Sadler asked Gravely if he was entering into a best-interest plea because he did not want to risk being found guilty of crimes with higher penalties. Gravely replied this was why he was pleading guilty. Gravely had spent a year in jail and on home confinement since his arrest, and he was sentenced to time served. Conspiracy to commit robbery has a possible sentence of one to five years in prison, according to the West Virginia Code.
Gravely is being held at the Southern Regional Jail.
— Contact Greg Jordan at gjordan@bdtonline.com
Contact Greg Jordan at gjordan@bdtonline.com
