State charge dropped in Anderson Co. deputy's death - FOX Carolina 21

State charge dropped in Anderson Co. deputy's death

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Deputy Devin Hodges (Source: ACSO) Deputy Devin Hodges (Source: ACSO)
ANDERSON, SC (FOX Carolina) -

An attorney for a man charged in the death of an Upstate deputy said he received a letter Monday indicating a state charge has been dropped.

Joseph Fleming, 37, was arrested in August after investigators said he was operating a boat when an incident happened, resulting in the death of Anderson County deputy Devin Hodges. Officials said Fleming was attempting to do a maneuver when all of the occupants were thrown from the 19-foot Pioneer boat, leading to Hodges' drowning.

Fleming, an employee of the Army Corps of Engineers, was charged with reckless homicide.

Beattie Ashemore, an attorney for Fleming, said he received a letter from the 11th Circuit Solicitor's office indicating that state charges had been dismissed against his client.

The solicitor's office on Tuesday released a letter sent to the presiding judge in the case dated September 15. In it, the solicitor's office stated they will not be able to prosecute the case due to the Supremacy Clause, a section of constitutional law which limits the abilities of states to prosecute federal workers for state law infractions that occur during the course of federal workers' duties.

The United State's Attorney's Office confirmed they received a letter by way of courtesy copy from the solicitor regarding the case. A spokesperson for the office said they are aware of the referral for the case to be reviewed by the U.S. Attorney and declined to comment further.

PREVIOUS COVERAGE: Sheriff's Office releases statement after DNR charges man in boat accident death of Anderson Co. deputy

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