Eric Hodges a/k/a Pinky v. State of Mississippi;

CourtCourt of Appeals of Mississippi
DecidedNovember 26, 2019
DocketNO. 2018-KA-00527-COA
StatusPublished

This text of Eric Hodges a/k/a Pinky v. State of Mississippi; (Eric Hodges a/k/a Pinky v. State of Mississippi;) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eric Hodges a/k/a Pinky v. State of Mississippi;, (Mich. Ct. App. 2019).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI

NO. 2018-KA-00527-COA

ERIC HODGES A/K/A PINKY APPELLANT

v.

STATE OF MISSISSIPPI APPELLEE

DATE OF JUDGMENT: 03/08/2018 TRIAL JUDGE: HON. JOHN ANDREW GREGORY COURT FROM WHICH APPEALED: BENTON COUNTY CIRCUIT COURT ATTORNEYS FOR APPELLANT: BETHANY ANN TARPLEY WILLIAM D. MASSEY ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS DISTRICT ATTORNEY: BENJAMIN F. CREEKMORE NATURE OF THE CASE: CRIMINAL - FELONY DISPOSITION: REVERSED AND REMANDED - 11/26/2019 MOTION FOR REHEARING FILED: MANDATE ISSUED:

BEFORE CARLTON, P.J., GREENLEE AND TINDELL, JJ.

CARLTON, P.J., FOR THE COURT:

¶1. Eric Hodges was indicted on two counts of manslaughter relating to the ownership of

a dangerous animal under Mississippi Code Annotated section 97-3-45 (Rev. 2014), for the

deaths of Derrick Sanders (Count 1) and David Glass (Count 2). Hodges owned six pit bulls.

On July 4, 2014, Sanders was found dead on Highway 7 near Sexton Road. The body was

found approximately sixty yards from Hodges’s home but not on Hodges’s property. Both

the ears and testicles were missing from the body, and the body was covered with cuts and

what appeared to law enforcement at the time to be an exit wound from a bullet. At that

time, Sanders’s death was believed to be a homicide. ¶2. Approximately six weeks later, on September 20, 2014, Glass was found in an area

just yards from where Sanders’s body had been found. Glass was still alive, but one ear had

been chewed off, and “large chunks of meat” were missing from his body. At that time, law

enforcement video-taped a short interview with Glass about the circumstances surrounding

his injuries. Glass said that dogs were “coming down Sexton Road,” lunged at him, ran at

him, and bit him. He said he did not know whose dogs they were, but he thought the dogs

were “Pinky’s” dogs. Hodges’s nickname is Pinky. Glass died the next morning.

¶3. Due to the proximity and similarities between the two deaths, law enforcement drew

a connection between them. After further investigation, Hodges was indicted on the two

counts described above. A Benton County Circuit Court jury found Hodges guilty on both

counts. The court sentenced Hodges to twenty years in the custody of the Mississippi

Department of Corrections (MDOC), with five years suspended and fifteen years to serve,

on each count. The court set the sentences to run concurrently, with credit for time served,

and placed Hodges on five years’ post-release supervision. Hodges filed a motion for a new

trial, which the trial court denied, and Hodges now appeals.

¶4. On appeal Hodges asserts that (1) his convictions should be reversed and his case be

remanded for a new trial because the jury was not instructed on an essential element of both

of the charged crimes; (2) his convictions should be reversed because there was insufficient

evidence presented on two essential elements of the charged crime or, alternatively, that the

verdict was against the overwhelming weight of the evidence; and (3) his convictions must

be reversed because he received ineffective assistance of counsel. We find that the jury was

2 not instructed on an essential element of the charged crimes—that Hodges had notice of his

dogs’ vicious propensity. Accordingly, we reverse Hodges’s convictions and sentences and

remand this case for a new trial.1

STATEMENT OF FACTS AND PROCEDURAL HISTORY

¶5. On July 4, 2014, Derrick Sanders was found dead. Initially, the Benton County

Sheriff’s Department and the Mississippi Bureau of Investigations (MBI) believed Sanders

had been killed by another person or group of people. Law enforcement continued to believe

this until September 20, 2014, when David Glass was discovered in almost the same location

and with similar injuries as Sanders. Glass was still alive when he was found. He told law

enforcement that he had been bitten by dogs that he believed belonged to Pinky. Pinky is

Hodges’s nickname. Glass died the next day from his injuries.

¶6. Hodges was subsequently indicted on August 29, 2016, on two counts of

manslaughter under section 97-3-45 for the deaths of Sanders and Glass. Both Counts were

identical with the exception of the dates and the names of the victims, and provided as

follows:

That ERIC HODGES . . . of the County and State aforesaid, on or about the 4th day of July, 2014 (Count I) [the 20th day of September, 2014 (Count II)] in [Benton County, Mississippi], and within jurisdiction of this court, did unlawfully and feloniously, own a mischievous animal to wit: vicious dogs, knowing their propensity, wilfully suffer to go at large or kept without ordinary care, and such animal, while so at large, or not confined, did kill

1 This opinion also addresses Hodges’s insufficiency-of-the-evidence argument in the light of Newell v. State, 175 So. 3d 1260 (Miss. 2015), a case in which the Mississippi Supreme Court explained that a challenge to the sufficiency of the evidence should be addressed on appeal, even where the appellate court determines that reversal and remand is warranted based upon an evidentiary error in the trial court. Id. at 1267-68 (¶5).

3 Derrick Sanders (Count I) [and David Glass (Count II)], a human being who shall had taken reasonable precautions to avoid the vicious dogs, in violation of [section 97-3-45]. . . .

¶7. Hodges was tried on February 12 and 13, 2018. The State’s first witness was Chief

Deputy Joe Batts of the Benton County Sheriff’s Department. He testified that he was

dispatched on July 4, 2014 to investigate a dead body found off of Highway 7 and Sexton

Road. Chief Deputy Batts testified that there was only one home in the immediate area. That

home belonged to Hodges. According to Chief Deputy Batts, the body was found about fifty

yards on the east side of that house, between the house and the road. Later at trial, Deputy

Pete Samples, who had taken measurements from the position where Sanders’s body was

found from the Hodges’ home, testified that Sanders’s body was found sixty yards from the

Hodges’ front door. According to Chief Deputy Batts, Sanders’s body was found about 4:50

a.m. MBI Investigator Chad Cummings testified that Sanders’s body had been there “a

couple of hours of when he was found.”

¶8. Chief Deputy Batts testified that the body had numerous injuries, including one injury

that looked like the exit wound from a gunshot. He further testified that “the ears had been

chewed off” and that the body had been castrated, with one testicle found about a yard away

from the body. Additionally, there were scratches and scrapes all over Sanders’s body.

Sanders’s body was also missing both shoes and was only partially clothed. One of his shoes

was found in Hodges’s driveway. Chief Deputy Batts testified that it did not appear to be an

accident and that they believed Sanders had been killed by someone or a group of people.

He testified that he and other deputies spoke with nearby residents to see whether they had

4 heard or seen anything, and no one did. Chief Deputy Batts specifically testified that he

talked with Hodges to see if he had heard anything, and Hodges told him, “He [(Hodges)]

didn’t hear anything, didn’t see anything.”

¶9. Chief Deputy Batts testified that he decided to call the MBI because he believed the

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