NASHVILLE, Tenn. (WTVF) — Mindy Dodd was nowhere near the crime scene in 1999. Yet she ended up with a longer sentence than the convicted killer.
"I was at work the night my co-defendant killed the victim," Dodd testified to the Tennessee Senate Judiciary Committee.
Dodd was sentenced to life in prison for conspiring to murder her husband, Henry Dodd, who was also her stepfather. She told lawmakers that Todd had sexually abused her from a young age and had threatened her mother to divorce him so he could marry Mindy.
So how did Mindy “conspire” to kill her husband? Her nephew, James Smallwood—the man who actually killed Henry—had told Mindy he wanted to commit the murder, and she didn’t alert authorities. "Survivors like me should not be serving life sentences for something we didn’t do, just because we didn’t stop it," Mindy told lawmakers.
Mindy received a longer sentence because Smallwood took a plea deal, while she went to trial and was convicted. Ultimately, Gov. Bill Lee commuted her sentence in 2021. Mindy will remain on probation for the rest of her life.
So why was Mindy punished so harshly for a crime she didn't specifically commit? Some state lawmakers call it "Tennessee's Guilty By Association Law."
Tough on crime or way too far?
Under Tennessee's felony murder law, accomplices to crimes can often receive the same—or even harsher—punishments than the person who actually pulled the trigger. "If you commit or attempt to commit a dangerous felony like robbery, or burglary, or kidnapping or carjacking, and someone dies during that crime, you’re responsible for that death, whether or not you pull the trigger," explained Stephen Crump, a former District Attorney who now leads the Tennessee District Attorneys General Conference.
Crump argues the law is fair and serves as a deterrent. "When criminals join forces to commit dangerous felonies, they share the acts and the risks. They don’t get to pick and choose which parts of the crime they own after the fact," Crump testified.
But State Sen. Raumesh Akbari (D-Memphis) who also serves as Senate Minority Leader, says not every case is that simple. She raised several hypothetical scenarios where an alleged accomplice could have no way of knowing their actions would lead to someone's death. "For me, I felt like this needed a deeper dive," she told her fellow lawmakers.
A rare summer study
The bill was discussed Thursday during a “Summer Study,” a process that typically sends a proposal into legislative purgatory, with little chance of further review. This session was a notable exception.
State Sen. Kerry Roberts (R-Springfield) thanked the Senate Judiciary Committee for actually meeting on this topic. "I’m glad we’re having this conversation, I really am," he told the panel.
Roberts says he's conflicted on the issue, agreeing with some of Crump’s points while also reflecting on stories he’s heard from inmates affected by the law. "I was young, I was dumb and I was in the car when he killed someone. And I didn’t know he was going to kill someone," he said.
Not all Republican colleagues agreed, saying the state of Tennessee needed to remain tough on crime. "I don’t understand. This seems to be a solution in search of a problem," said Sen. Brent Taylor, (R-Memphis). "I think this is a waste of oxygen someone else could be breathing.
Because this was a summer study session, lawmakers did not take a vote. But legislation could be filed next year. Sen. Akbari floated ideas such as reclassifying the law as second-degree murder or requiring prosecutors to prove intent to kill.
If a bill is ultimately filed, we will let you know.
Do you have more information or insight about this story? You can email me at Chris.Davis@NewsChannel5.com.
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