Preview:

Final Copy 291 Ga. 413 S11G1820. THE STATE v. HODGES. HINES, Justice. This Court granted certiorari to the Court of Appeals in Hodges v. State, 311 Ga. App. 46 (714 SE2d 717) (2011), to consider whether that Court erred in holding that the defendant should have been allowed to present evidence in support of his justification defense about a previous incident of violence allegedly committed by the victim against third parties, where the defendant claimed that he had heard of the previous incident but did not witness it or have any other evidence in support of the claim. For the reasons that follow, we conclude that the holding was in error, and we reverse the judgment of the Court of Appeals. On February 9, 2006, Mario Hodges shot and killed Rudy Turner. Turner was killed in Hodges's home, where Turner had stayed the night before the shooting. At the time of the incident, Hodges and Turner had been "on-again, off-again" friends for about five years. The two men had fought in the past, and were in a physical altercation over a debt Hodges owed to Turner seven months before the shooting.

Prior to Turner arriving at Hodges's home, he had been staying with mutual friends. Turner asked Hodges to pick him up the night before the shooting because he and the friends had "gotten into a disagreement." Hodges did so, and Turner slept at Hodges's home that night. The next day, Turner was agitated about various people that were indebted to him, including Hodges, and told Hodges that he wanted his money. Turner became angrier as the day went on. He told Hodges that he was "going to get" the people who owed him money, and if they failed to pay, he would "go after their relatives or the people they love." Turner went upstairs to Hodges's home office, where Hodges had a collection of weapons, which included a flail with attached spiked metal balls, a machete, and a large "Arabian knife." Turner brought the weapons downstairs one at a time and made threatening comments and gestures directed at Hodges and the others that owed him money. Hodges instructed Turner to return the weapons each time Turner came down with one and told him to leave the residence. After Turner went upstairs with the machete, Hodges got his shotgun and placed it near his seat. When Turner came downstairs a third time, he was armed with the Arabian knife. Hodges testified that Turner "just snapped," went
2

"berserk,"and approached Hodges who said that he thought Turner meant to harm him. Hodges shot Turner, who turned and ran up the stairs. Hodges said he did not know what weapons Turner had as "he [was] known to carry guns." Hodges also testified that he thought his first shot missed Turner, so he followed Turner up the stairs and shot him a second time. Hodges thought this second shot hit Turner because he fell, but when Turner "made a move" on the floor, Hodges hit Turner with the shotgun, which discharged a third time. The first shot proved to be the fatal strike. Hodges then called 911, reported his location, and told the operator he had shot Turner while defending himself. Two officers dispatched to the scene found Turner's dead body upstairs in Hodges's home. A knife was located about six feet from Turner's body. When interviewed by the police, Hodges waived his Miranda1 rights and told detectives that the incident began when Turner threatened him and Hodges's daughter. A jury found Hodges guilty of involuntary manslaughter as a lesser included offense of felony murder, aggravated assault based upon Hodges firing the second shot, and possession of a firearm during the commission of

1

Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966). 3

aggravated assault. At trial, Hodges presented a justification defense pursuant to OCGA

Download S11G1820. THE STATE v. HODGES.pdf

Georgia Law