Submitted: July 10, 2019
REPORT AND RECOMMENDATION THAT DEFENDANT'S MOTION FOR
POSTCONVICTION RELIEF SHOULD BE SUMMARILY DISMISSED.
Matthew B. Frawley, Esquire, Deputy Attorney General,
Department of Justice, Wilmington, Delaware, Attorney for the
Richard Ferry, PA/ DOC, S.C.I. Pine Grove, St. Petersburg,
Florida, pro se.
M. PARKER COMMISSIONER
23rd day of July 2019, upon consideration of Defendant's
Motion for Postconviction Relief, it appears to the Court
FACTS AND PROCEDURAL HISTORY
August 29, 2016, Defendant Richard S. Ferry was indicted on
Burglary Second Degree, Theft of a Firearm, Theft of Property
valued at less than $1, 500, Criminal Mischief, Possession of
a Firearm by a Person Prohibited, Possession of Ammunition by
a Person Prohibited, two counts of Illegal Possession of a
Controlled Substance, and Possession of Drug Paraphernalia.
charges stemmed from a burglary that occurred on July 27,
2016 at a residence in New Castle, Delaware. On the morning
of July 27, 2016, Ferry entered the home of a 47-year-old
victim, in New Castle, Delaware, by breaking through the
basement window. Once inside the home, Ferry entered the
basement where the victim's 26-year-old son resided and
stole his black briefcase containing a Kel-Tec PLR-16 .223
caliber pistol and approximately 500 rounds of ammunition.
The pistol had a fully loaded 100 round drum magazine, a
mount scope, and foregrip.
Shortly after the burglary, a picture of the victim's
uncle, Defendant Ferry, was seen online of him posing with
the stolen gun. The caption under the picture stated,
"Who want it?"
Ferry was arrested. Ferry's friend, Brandi Hitchens, told
police that Ferry had broken into the residence, stole the
gun, sold it, and purchased drugs with the money he obtained.
January 24, 2017, Ferry pled guilty to Burglary Third Degree
(lesser-included offense of Burglary Second Degree), Theft of
a Firearm and Possession of a Firearm by a Person
exchange for the guilty plea, the State agreed to dismiss all
the other charges in the indictment. As part of the plea
agreement, the State agreed to seek to have Ferry declared a
habitual offender pursuant to 11 Del. C. §
4214(c) on only the charge of Possession of the Firearm By a
Person Prohibited. The State further agreed to cap its
sentence recommendation to the minimum-mandatory period of 15
years of unsuspended Level V time.
Prior to sentencing, a pre-sentence investigation was
conducted. Also prior to sentencing, defense counsel
submitted a mitigation report which detailed Ferry's
substance abuse issues, mental health issues, juvenile
delinquency, treatment attempts, and all other aspects of
Ferry's background that the ...