CHARLESTON, W.Va. - Desmond Clark, the man accused of gunning down the 19-year-old mother of his child after she fled into a West Side Taco Bell on July 5, waived his preliminary hearing in Kanawha Magistrate Court on Tuesday.
Clark and his attorney, public defender Theresa Chisolm, signed the waiver on Monday, and Kanawha County Chief Magistrate Joe Shelton made it an official part of the case file on Tuesday.
Clark's case will now be transferred to circuit court, where prosecutors can ask a grand jury to indict him on first-degree murder charges. Clark is being held at South Central Regional Jail without bond.
It is not unusual for defendants facing felony charges to waive preliminary hearings in magistrate court. A preliminary hearing requires the state to produce enough evidence to justify continuing to hold a suspect in jail while charges are pending.
In exchange for Clark's waiver, Chisolm requested discovery from the prosecutor's office, including the police report, all witness statements, any statements made to police by Clark and surveillance video from the Taco Bell on Patrick Street.
Police maintain Clark abducted longtime girlfriend Na'lisha Gravely, 19, on July 5 and shot her while they were together in his car. After she escaped from his vehicle, he allegedly followed her into the restaurant, hopped the counter and shot her six times.
Also Tuesday, police returned a search warrant they served on the house where Clark was arrested following a brief manhunt.
Responding to a tip that Clark was hiding at 1204 Woodland Drive in Charleston, officers approached the two-story house at 12:15 a.m. July 6, Charleston Police Detective J.F. Taylor wrote in an affidavit attached to the warrant.
"As [an] officer knocked on the door, several individuals were seen from the outside windows running thru the house," Taylor wrote. After a few minutes, a woman answered the door.
As he approached the door, Taylor smelled marijuana, he wrote.
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cxape arrest for not calling police to tell them ehere Clark was? Chevy Tahoe, another vehicle, the latest Jordans, nice clothes all the time and NO JOB? Hmmmm Clark must be a magician. He can make himself, Nalisha and charges disappear and make money and drugs appear along with vehicles, he did not acquire legally.
Go ahead public defenders, magistrates, the mayor, the chirf of police and police officers, continue to protect Clark and next time it may be one of your kids he kills. This is sad, very very sad, I pray for all of you that are responsible for this young girl dying. How many more will die from the hands of informants? It is the police who should be solving crimes. Stop making deals with the devil to make your job easier and more profitable for the police.