Man free following appeal, plea
by Bennett Rolan/Times-Georgian
3 months ago | 973 views | 1 1 comments | 14 14 recommendations | email to a friend | print
A former University of West Georgia student pleaded guilty Thursday to false imprisonment as part of a plea agreement after he filed a motion for a new trial in an aggravated sexual battery case.

Bryant Hodges, 29, of Donalsonville was released from prison Thursday, according to his attorney, John Nuckols Sr.

The case originated in 2002 when Carrollton police recovered a video tape that alledgedly showed three UWG baseball players sexually assaulting a 19-year-old female student.

The men were arrested and tried in 2002 for aggravated assault with intent to rape, but Judge Aubrey Duffey declared a mistrial after a juror made an “inappropriate and inadvertent comment.”

The case was retried in 2005 and Hodges and Michael Perez, now 29, of West Palm Beach, Fla., were found guilty of two counts of aggravated sexual battery. The third man, Barry Sommer, now 28, testified against Hodges and Perez and was sentenced to three years of probation under the first offender status.

Hodges’ original sentence carried a minimum of 10 years in prison and also required him to register for life on the Sexual Offenders Registry. Hodges’ new charge, false imprisonment, carries a sentence of eight years with four to serve. His previous time in prison counted toward his new sentence, leading to his release from prison.

“Everybody involved in the case had a great deal of sympathy for the victim,” Nuckols said. “My client has served four years but has had to live with it since 2002.”

The victim, now 26, has also had to live with the alleged assault for the past seven years, but she said she is finally able to move on.

“I’ve finally started being happy with myself again,” she said. “It’s a huge relief that I’m able to actually put this behind me and move forward. Speaking with Bryant helped with the healing process.”

Pete Skandalakis, the Coweta Judicial Circuit District Attorney, stated that he, the victim and the victim’s family were satisfied with the result.

“All the victim ever wanted was for them to accept responsibility and apologize,” Skandalakis said.

Hodges did apologize, according to the victim, which she accepted.

“I didn’t send them in there to serve 10 years,” she said. “At first I was very angry and wanted someone to pay for what happened. Now knowing that he is truly sorry, I wanted them to let him out early so he could be home for the holidays.”

Nuckols and Skandalakis described both families’ reactions as deeply emotional.

“Everyone around the courthouse was happy about this one,” Nuckols said. “The Hodges family was in tears this afternoon. I know there is going to be a happy reunion in Donalsonville tonight.”

Perez has also filed a motion for a new trial, which is pending. Hodges and Perez requested the new trial based on claims of ineffective assistance of counsel and that Carrollton police exceeded the scope of their search when they originally seized the video tape.

The ineffective assistance of counsel claim was due to the fact that both men were tried together and the police recovered the video during an unrelated and unwarranted search of an apartment.

During the guilty plea Thursday, Hodges did state on the record that if Perez was granted a new trial he would testify that the victim was passed out during the sexual activity and that she did not consent to the acts.
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