Prosecutor: 3rd murder conviction could send man to prison for life

 UPDATED 1:29 AM EST Mar 02, 2013

He has already spent time in prison, convicted twice for murder, but James Seay was arraigned Friday on a third murder charge.

Last week's arrest of the 68-year-old left many people wondering how could he be free in the first place.

"His criminal record is obviously troubling," said assistant commonwealth's attorney Leland Hulbert.

A not guilty plea on a murder and robbery indictment was entered for Seay on Friday.

He's accused in the beating and stabbing death of 61-year-old Orville Avis at Dosker Manor last Thursday. 

Seay was released from prison in December 2011 after serving time for the 1996 murder of James Stephen Daughterty. 

According to court records, Daughterty was stabbed several times.

Seay was sentenced to 24 years in prison. 

"His 24 year sentence turned into 13, 14, 15 years. That's just the way it happens," Hulbert said.

Seay actually spent only 14 of the 24-year sentence in prison.

"After all the credits and budget restraints, people end up getting out a lot earlier that that big number," Hulbert said.

Seay had only been out of prison four months before killing Daughtery. 

In 1982, he was sentenced to 20 years for the murder of Ronald Gritton. 

Gritton was stabbed and beaten with a brick. In both of Seay's previous murder cases, he admitted to heavy drinking and underwent psychiatric evaluations.  

If found guilty this time, Seay may never go free.

"The case is technically eligible for the death penalty because there was a robbery in the course of the murder," Hulbert said.

Because of the possibility it may turn into a death penalty case, Judge Judith McDonald Burkman decided not to set a trial date.

Seay is due back in court April 10.

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