The appellate judges rejected the argument made by Shaheed Ervin that he had received ineffective legal assistance before pleading guilty in connection with the 2006 fatal shooting of Brian Hodges
Shaheed Ervin NEWARK -- A state appellate panel on Monday upheld the conviction of a man serving an 18-year prison sentence for killing another man in a 2006 shooting at a Newark bar.
The appellate judges rejected the argument made by Shaheed Ervin that he had received ineffective legal assistance before pleading guilty in 2008 in connection with the fatal shooting of Brian Hodges, 20, of Irvington.
Ervin, 29, formerly of Newark, claimed his attorney "failed to prepare for trial" and "that he was otherwise forced to plead guilty," according to the appellate decision.
But the appeals court noted that, when Ervin entered the guilty plea, he "indicated to the judge he was guilty and stated at the plea hearing that he wanted to avoid additional prison time," the decision states.
"Defendant also testified at the plea hearing that no one threatened or coerced him to plead guilty, he was doing so voluntarily, and he was satisfied with the legal services of his plea counsel," the decision states.
The appellate panel also dismissed Ervin's claim "that if he had met with plea counsel more frequently, namely more than three times, the result would have been different," according to the decision.
"However, defendant produced no competent evidence to demonstrate with 'reasonable probability' that the result would have been different," the decision states.
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The shooting occurred on April 24, 2006 at the Oasis Bar on South Orange Avenue in Newark, where another fatal shooting occurred about a year ago.
At the time, police said Hodges and his friend, Eddie Grady, had just finished a game of pool when the gunman entered the bar and opened fire. Hodges was struck in the upper torso and died at the scene.
Police said officers found Grady outside the bar with gunshot wounds to the right hand and left leg. He survived his injuries.
Ervin was later arrested at his Pomona Avenue home, police said. Police at the time did not disclose a motive in the shooting.
Ervin pleaded guilty on Sept. 9, 2008 to aggravated manslaughter, aggravated assault and unlawful possession of a weapon. When he pleaded guilty, Ervin "testified he walked into a bar and fired five shots using a 357 revolver," according to the appellate decision.
"He admitted during the hearing that he knew by firing the gun there was a probability of death," the decision states.
On Nov. 7, 2008, Superior Court Judge Michael L. Ravin sentenced Ervin to the 18-year prison sentence recommended by prosecutors under a plea agreement. Ervin will be eligible for parole in January 2024.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.
