New trial sought in '94 killing Web posted Friday, June 4, 2004 By Sandy Hodson | Staff Writer An Augusta man ordered freed from prison Tuesday by a federal judge is instead in the Richmond County Jail. District Attorney Danny Craig requested the transfer before Charles "Jeff" Mitchell Jr. could be released from prison. He intends to retry Mr. Mitchell for murder, he said. Mr. Mitchell was tried in 1995 along with his brother, Michael Stephen Mitchell, and convicted of voluntary manslaughter in the Oct. 2, 1994, death of Danny Hucks, 22. While Jeff Mitchell's appeals in state court ultimately proved unsuccessful, he convinced the federal court that his attorney for his state court appeal proved ineffective assistance of counsel. Nearly three years ago, U.S. District Judge Dudley H. Bowen Jr. ordered a new state court appeal or Mr. Mitchell's release from prison. In January, the Georgia Court of Appeals ruled Mr. Mitchell wasn't entitled to a second appeal. On Tuesday, Judge Bowen ordered Mr. Mitchell's conviction vacated and called for his immediate release. Mr. Craig said that because Judge Bowen didn't grant an acquittal to Mr. Mitchell, he should be retried on murder charges in Mr. Hucks' death. According to news reports at the time, Stephen Mitchell and Mr. Hucks met up for a fight at the gravel pits off New McDuffie Road. Before the night ended, Stephen Mitchell had shot Mr. Hucks twice, and he and Jeff Mitchell and Kyle Spell had thrown Mr. Hucks' body off the dam into Thurmond Lake. Mr. Spell pleaded guilty to aggravated assault and served five years in prison. Both Mitchell brothers were sentenced to 25 years in prison for manslaughter and weapon convictions. Jeff Mitchell also faces a criminal charge in Effingham County for crossing a guard line with contraband, said Sheriff Jimmy McDuffie. Mr. Mitchell is to return there for a court hearing later this month. Staff Writer Tim Cox contributed to this article. Reach Sandy Hodson at (706) 823-3226 or sandy.hodson@augustachronicle.com. Charles "Jeff" Mitchell Jr.: Augusta man is in Richmond County Jail. © 2004 The Augusta Chronicle. All rights reserved. Read our privacy policy. Contact the webmasters.