Two days before his scheduled sentencing, the defense lawyers for a Gary man convicted of murder and linked to drug trafficking filed a motion that disrupted proceedings, claiming juror misconduct.
“This motion is not filed for the purpose of delay,” said documents filed by Devonte Hodge’s lawyers Adam Tavitas and James Simmons. “This motion is filed based upon newly discovered evidence which requires an evidentiary hearing for the Court to determine the gravity of the alleged juror’s misconduct and if the juror improperly introduced prejudicial information during the jury’s deliberation process.”
Hodge, a.k.a. “Lil Bro,” 33, killed Akeem Oliver, 29, of Gary, after he and alleged ringleader Teddia “Teddy” Caldwell feared Oliver was giving information to the cops on a prior murder, according to court records.
Hodge was convicted in August of conspiring to distribute and possess with intent to distribute controlled substances, including cocaine and heroin, and using a firearm to commit murder.
Defense lawyers allege a licensed Illinois investigator received information on Feb. 11 that a juror misled the court during voir dire, the preliminary process where potential jurors are questioned.
The investigator, Mortimer Smith, spoke with others who had direct knowledge of the misconduct, according to court documents. The documents allege that the juror had information regarding Hodge and the crime that might have been used during deliberation.
It is unclear what information the juror possessed, according to court documents.
“The allegations of this juror’s misconduct, if true, is profoundly disturbing and may require a new trial,” Tavitas and Simmons said in the document.
A response is needed to the defense’s claims before Hodge’s case can continue to move forward.
Hodge and a second man shot Oliver inside a vehicle on Oct. 8, 2016, near the area of 20th Avenue and Virginia Street in Gary. Oliver’s brother also was injured in the shooting, documents show.
The second man, identified as A.F., was later killed in a Dec. 8, 2016 shootout, records state.
A federal indictment showed Oliver helped Caldwell and others dump drug ring “associate” Isaiah “Drizzy” Edwards’ body after he was murdered on June 26, 2016.
Later in September 2016, Oliver called Caldwell from Lake County Jail, wanting bail money and funds to get a lawyer. The next month, Hodge and Caldwell were discussing at “Da Wash” that Oliver was feeding incriminating information on Edwards’ death to the police.
Hodge was one of nine people named in a 19-count indictment in 2018 for a drug ring linked to two murders.
According to documents, Caldwell admitted leading a cocaine ring from 2016 to 2018, which sold drugs out of his home, in the 2500 block of Jefferson Street, and car wash business, Da Wash, located at Broadway and East 20th Place.
He pleaded guilty in August 2022 and is awaiting sentencing later this year.
The group is also linked to the July 28, 2017, shooting death of businessman Kevin Hood, 43, of Gary.
Caldwell admitted he conspired with Taquan “Boonie” Clarke, Devontae “Lil Cuz” Martin and another unnamed person to rob Hood of a “large amount” of cocaine and money while splitting the proceeds, according to his plea agreement.
Hood was killed during a robbery outside his business, Shine On Hand Car Wash, near 15th and Massachusetts streets, according to Gary police. Clarke and Martin were convicted in 2023.
