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Judge dismisses case against Thomas Lewis after court finds he is stabilized in group home; family advised to seek probate guardianship
Summary
Clayton County State Court dismissed charges against Thomas Lewis after the state moved to nolle prosequi because Lewis appears to lack requisite mens rea and is stabilized in a group home; the judge advised family to pursue guardianship or conservatorship through probate court to secure services and continuity of care.
Clayton County State Court Judge Tammy Long Hayward dismissed a pending criminal case against Thomas Lewis on Oct. 21 after the prosecutor told the court the state would move to nolle prosequi because Lewis is stabilized in a group home and the state questioned whether he has the mental capacity required for prosecution.
The state indicated Lewis is receiving medication and therapy in a residential program and that, based on the facts and his clinical status, prosecutors would not pursue the matter. Defense and family members told the court Lewis is living in a group home in Jonesboro, attending an adult day program and receiving regular therapy; his caregiver and family described ongoing cognitive and medical needs.
Judge Hayward asked family and lawyers to work with probate court to explore guardianship or conservatorship so they can manage Lewis's medical care and applications for appropriate Medicaid waivers. The judge noted probate can provide legal authority to access medical records, manage benefits and apply for services Lewis needs; she instructed counsel and the family to follow up with the probate court for next steps.
The court said it would not take further action unless something changed in Lewis's circumstances. No sentence, fines or probation conditions were imposed because the state moved to dismiss the charged matter.
