FOR IMMEDIATE RELEASE
NEWS ADVISORY
June 18, 2018
Steve Marshall
For More Information, contact:
Mike Lewis (334) 353-2199
Alabama Attorney General
Joy Patterson (334) 242-7491
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ATTORNEY GENERAL STEVE MARSHALL ANNOUNCES ALABAMA SUPREME
COURT DENIES APPEAL OF JACKSON COUNTY CAPITAL MURDER
CONVICTIONS AND SENTENCE OF DEATH
(MONTGOMERY) – Attorney General Steve Marshall announced the Alabama Supreme
Court has denied a petition for writ of certiorari seeking to appeal the capital murder
convictions and sentence of death of James Ben Brownfield. Brownfield, 43, of
Scottsboro, was convicted in Jackson County Circuit Court in 2004 for three counts of
capital murder in connection with the murders of his sister, Brenda McCutchin, his
brother-in-law, Latham McCutchin, and Brenda’s three-year-old grandson, Joshua
Hodges.
Evidence presented at trial established that after consuming Xanax pills on the night of
December 23, 2001, Brownfield, became enraged with his sister, Brenda Whitehead
McCutchin, over drugs and money. While Brenda and her grandson, Joshua Dewayne
Hodges, were sleeping in their bed, Brownfield decided to kill his sister and her
estranged husband, Latham Durwood McCutchin. Brownfield took a claw hammer
into the room where Brenda and Joshua were sleeping and hit Brenda with it. Joshua
awoke crying, and Brownfield began hitting both Brenda and Joshua with the claw
hammer. Brenda suffered approximately twenty forceful blows to the head and other
injuries to her body. Joshua suffered approximately sixteen blows to the head and other
injuries to his body. Both Brenda and Joshua died from multiple blunt-force injuries.
Before he left Brenda’s house, Brownfield attempted to burn the house with kerosene
and a cigarette.
After killing Brenda and Joshua, Brownfield took the claw hammer and a set of clean
clothes and drove across town to the residence of his brother-in-law, Latham Durwood
McCutchin. Brownfield initially pretended that this was a friendly visit with Latham,
but once inside the residence, Brownfield subdued Latham by hitting him with his fists
and the hammer. Latham suffered numerous injuries including ten forceful blows to the
head with the claw hammer. Later, Brownfield stabbed Latham in the heart and cut his
throat with a knife. Latham died from multiple blunt-force injuries.
The Jackson County District Attorney’s office prosecuted the case. Brownfield was
found guilty and a Jackson County jury recommended that Brownfield be sentenced to
death for his capital murder convictions. The trial judge followed the jury’s
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recommendation and sentenced Brownfield to death. Brownfield’s subsequent
attempts to have his convictions and sentence reversed on appeal have been rejected by
the courts. The Attorney General’s Capital Litigation Section has handled Brownfield’s
cases during the appeals process, including Brownfield’s present petition to overturn
his convictions. The Alabama Supreme Court denied that request in a decision issued
Friday, June 15.
Attorney General Marshall commended Assistant Attorney General William Dill of the
Attorney General’s Capital Litigation Section for his successful work in this case.
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