That's what the attorney for the 21-year-old charged with first-degree murder and nine other crimes said Tuesday during a bond hearing in Radford Circuit Court. Hodge didn't touch the gun, didn't say a word and didn't take anything from the apartment shared by Brian Keith Gray and Forrest Hart, defense attorney Richie Davis said. But those facts didn't matter to Circuit Judge Brett Geisler, who denied bond for Hodge.

"What I do know is that he was present," Geisler said as he made his ruling.

Gray, 25, died in the May 4 shooting from head and stomach wounds from a .40-caliber pistol. Hart was shot in the back and survived.

Police allege Aamir Darrin Lewis Brown, 18, of Radford went to the apartment at 606 Downey St. and bought a small amount of marijuana from Hart and Gray. Hart told police that Brown returned, with Hodge and armed, about 20 minutes later.

"They barged in and essentially robbed these two men, yelling 'Where's the pot? Where's the pot?'" Radford Commonwealth's Attorney Chris Rehak argued in court Tuesday.

Brown and Hodge became suspects in the case days after the shooting, but only Brown was taken into custody and charged with capital murder. Hodge walked free throughout the summer months, agreeing to speak with investigators about the case five times, he testified.

Rehak called that decision "a gamble," saying that completing the investigation and using any evidence Hodge could provide outweighed any threat Hodge - alleged to be "the doorman" during the shooting - posed to the community.

"The time for that risk is over," Rehak told the court. "Mr. Hodge can no longer offer any help to us."

Hodge caused no problems during the summer and never refused to talk with police, Davis said. And Hodge had repeatedly denied knowing that a robbery was planned, he said.

"The question is whether or not this was even a robbery or if my client knew it was a robbery," Davis said.

The answer will ultimately be up to a jury to decide.

On Sept. 15, a Radford grand jury charged Hodge with first-degree murder, two counts of robbery, burglary with a deadly weapon, aggravated malicious wounding, two counts of conspiracy and three firearms charges. He is charged as an accessory in everything but the conspiracy charges.

Jurors also charged Brown with capital murder, two counts of robbery, burglary with a deadly weapon, attempted capital murder, aggravated malicious wounding, two counts of conspiracy and seven firearms-related charges.

Rehak said he has not decided if the cases will be tried together or separately.

Davis said he and Hodge are not waiving the right to have a speedy trial, meaning the case must be heard before Feb. 14. No trial dates have been set.