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Kenneth Alonzo Hodges, II, entered a plea of no contest to the second
degree murder of Shelly Marie Jackson on Thursday afternoon, December
20, 2007 in Halifax County Circuit Court. His Alford plea of guilty
followed an agreement reached with the prosecution in which he was
sentenced to a prison term of 40 years, with all but 18 of those years
suspended.
Hodges had been convicted by a jury of the September 2002 murder of
Jackson back in Halifax County Circuit Court in February of 2003. But
his conviction was reversed by the Virginia Supreme Court, and the case
was returned for retrial in the local court.
Following a three day jury trial back in 2003, Hodges was sentenced to
32 years in prison on the first degree murder count with another three
years added for the use of a firearm in the commission of murder. That
charge was dropped in the negotiated agreement.
His attorneys, Glenn Berger and William Watson, had subsequently asked
for a change in venue for the second hearing and that trial had been
set for late January in Appomattox. But his guilty plea on Thursday
vacated the change in venue and also waived his right to appeal.
The 28 year old Hodges has been incarcerated since September of 2002
when he was first charged with Jacksonís murder. Giving him credit for
the five years and three months already served, he must now serve
another active term of 12 years and nine months. Upon his release,
according to the order of the Court, he must be of good behavior for 40
years or risk reconfinement for the remainder of the suspended term. He
will be placed under supervised probation for the first three years of
his release and must submit to drug testing.
According to Commonwealthís Attorney Kim Slayton White, who prosecuted
the case, the appellate courtís decision in reversing the jury
conviction would have limited the evidence in a new trial that the
Commonwealth could use against Hodges from his first trial.
ìNo amount of time will ever be sufficient for the taking of the life
of Shelly Jackson,î White stated. ìHowever, after consultation with
members of Miss Jacksonís family (some of whom were present at the
Thursday hearing) and with investigating law enforcement officers, we
determined that a final conviction, without the possibility of a jury
acquittal or a prolonged appeal, would be best for all involved.î She
explained that the final negotiated agreement would be filed under seal
because it contains sensitive information.