ENGLEWOOD, Colo. — A former administrator for Cherry Creek Schools District was arrested after he allegedly forced himself on his neighbor, a 70-year-old woman who was recovering from surgery and lived in the same condominium building.
Hodges was arrested on Friday on a charge of crimes against an at-risk adult with sexual contact, which is a class 6 felony.
Brien Hodges, 55, is an administrator for the Cherry Creek School District, though the district told Denver7 he was placed on administrative leave pending the outcome of the case on Saturday. He was terminated on Tuesday, the district said. According to his LinkedIn account, he works as the director of department grants management.
According to Hodges' arrest affidavit, the crime, which did not involve Cherry Creek Schools, happened Nov. 11, 2021 around 6 p.m. at a private residence in a high-rise condominium in Englewood.
However it wasn't until March 28 that an officer was dispatched to the Englewood Police Department's public lobby to meet with the 70-year-old woman, who wanted to report the alleged unlawful sexual contact.
Between that interview and a subsequent one the following day, the woman told police the following:
She had just arrived home to her condominium — a tight community she loves — from the hospital that day in November 2021 after a critical first step of a two-part surgery, according to the arrest affidavit. She had wires attached to her body, which were connected to two small medical devices she carried in her hand. She said her doctor had told her to be careful not to damage the devices, as she could suffer from serious medical issues.
She had lived alone for about seven years after separating from her husband, who still cares for her even though they don't live together, she said.
When she arrived home, she was hungry, but could not cook so she left her residence to go to the parking garage to get food. However, she then realized in the parking lot that she could not drive, so she headed back inside. In the elevator back up to her condo, the doors opened and one of her neighbors, identified as Hodges, stepped in, according to the arrest affidavit.
He left on the 10th floor, where he lives, and the woman continued up to the 12th floor.
About 10 minutes later, she saw Hodges had texted her saying he had left a hot meal at her front door.
The woman said she was very grateful for the meal.
Later that day, Hodges texted her again saying he had a "treat" for her. The woman said she knew it was his birthday that day and assumed he meant he had a birthday cake, according to the arrest affidavit. When he knocked on her door, she opened it slightly and accepted the birthday cake with one hand while holding two medical devices in the other hand. She said Hodges then opened the door all the way and walked into her residence without her consent, according to the arrest affidavit.
She said as soon as he handed her the cake, his "tongue was in her mouth," the affidavit reads. He pushed the woman backward as he kissed her and put his hands up her shirt, it reads. The woman said she tried to step away but could not due to the surgery and the multiple wires and medical attachments on her body.
She said Hodges never showed that he had any weapons and did not say anything.
The woman told police she believed he had closed the door, but at some point, one of her close friends came to her door, either rang the doorbell or knocked, and opened it and gasped, according to the arrest affidavit.
The woman said Hodges stopped the advancements and she could see his penis was erect through his clothing, according to the arrest affidavit.
She said her close friend walked into the home and Hodges left.
In the days after the incident, she confided in a friend, her daughter-in-law, and the building security officer. She told the security officer not to tell anybody. The woman said her daughter-in-law, who was very upset, wrote a note to Hodges and left it on his front door. The woman did not say what it said.
The woman told police that about two weeks after the incident, she saw Hodges and his wife in the building lobby, but they just passed by each other, according to the arrest affidavit.
As she described the events to police, officers said they noticed the woman was "visibly upset and crying," according to the arrest affidavit. She said she had never had any sort of relationship with Hodges aside from saying hello in passing, and the encounter was against her consent. She explained that she had driven to the police department numerous times before to report the incident, but always left before speaking with anybody until she finally stepped inside on March 28, according to the arrest affidavit.
At the time of the first interview, she said she only wanted to report what had happened and did not want Hodges to be charged.
She refused police's victim assistance resources or mental health counseling, but the officer gave her a Victim's Rights Act brochure and business card with the case number. The officer completed a report with the Colorado At-Risk Elder System. After this, the woman agreed to the second interview.
At that time, she showed police the text exchange with Hodges, which is below.
The woman told police she was sexually assaulted by a boyfriend in college and since separating from her husband, she has not had any desire for a romantic relationship.
When asked for more information about Hodges, the woman told police he moved into the building with his wife about five years ago. They also have a daughter in her 20s. She said he is a member of the HOA Board of Directors and "is a person of influence in the building," according to the arrest affidavit. She said Hodges is usually charismatic and friendly, but since the incident, he had seemed to avoid all contact with her.
On March 31, police spoke with the friend of the 70-year-old, who had come to her home while Hodges was in the condo. The friend said she knocked on the door and was surprised when Hodges opened it, according to the arrest affidavit. She said her friend put down a cake and said, "Brien was just leaving." The friend said Hodges wiped his mouth and left and the woman invited her friend inside. The following day, the woman told her friend what had happened, according to the arrest affidavit.
Later that same afternoon, police went to the condominium and took photos of the inside of the 70-year-old woman's unit.
After that visit, police contacted the security officer for the building. The man said the woman had told him what had happened. He added that Hodges had offered him a piece of cake on Nov. 11 as well.
He said that the woman had told him she was "taken aback" and "felt violated" but didn't want him to report the issue, according to the arrest affidavit. She told him she was not ready and did not want it to get out due to embarrassment, the security officer told police.
Police contacted Hodges on March 31 over the phone.
In the beginning of the conversation, police explained their reason for calling and Hodges asked for more details. He then said he brought the woman birthday cake, but did not text her. They talked for a few minutes after he gave her the cake and then another neighbor came to check on the woman and he left, he told police. He said he handed the cake to the woman from outside her doorway, according to the arrest affidavit.
Hodges repeatedly denied going into the woman's condo and said he was at the doorway when the neighbor came by. When police described what that neighbor had told investigators, Hodges said "it did not happen that way to his knowledge," according to the arrest affidavit. He denied that anything physical happened between him and the woman.
He said he did not tell the woman he was bringing the cake and when police asked about the text exchange, he claimed to not remember it. Police said they had the text exchange between the woman and Hodges, but he again said he doesn't remember the texts, according to the arrest affidavit.
He told police "it is crazy" that he'd try to kiss the woman, it reads. He added that he had received a note that told him to stay away from the woman.
Hodges and police went back and forth multiple times on the texts and what the woman and her friend had told police versus what Hodges was claiming. This part of the conversation continued for about four pages in the affidavit.
Police then explained that the case would be referred to the District Attorney's Office to determine if the criminal charge of unlawful sexual contact against an at-risk adult, which is a felony, would be appropriate.
A few days after the interview with Hodges, police spoke with the 70-year-old woman's daughter-in-law, who recalled what she was told about the incident, including that Hodges texted the woman saying he'd come back and finish what he started. The daughter-in-law said she lives nearby, so she comes to the building several times a week. She added that she left an anonymous note on Hodges' door telling him to stay away from her mother-in-law.
Hodges was arrested on Friday.