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Judge grants immunity to defendant in self-defense finding
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Summary
Clayton County State Court granted immunity to Kevin Colmenares, finding evidence he used force in self-defense. The court dismissed the charges after the state presented no testimony to contradict the defendant’s account and the judge found the preponderance standard met.
Judge Tammy Long Hayward granted a motion for immunity on April 13, 2026, and dismissed criminal charges against Kevin Alberto Karry Colmenares after finding the defense met the preponderance-of-evidence standard for a justification claim.
Defense attorney MJ Tortorello argued Colmenares acted in self-defense during a physical altercation and presented testimony that the defendant called police, remained on scene and volunteered for arrest to prevent the complainant from being jailed. The state presented no witness testimony to contradict those accounts. Citing OCGA 16-3-21 and related justifications, the judge concluded the defense showed the defendant acted to defend himself and granted immunity, resulting in the defendant’s release.
The judge told the courtroom that the testimony presented "has not been contradicted" and that under the legal standard for immunity the evidence favored the defense. The court’s decision means the prosecution cannot proceed on the dismissed counts in this matter without new, admissible conflicting evidence.
The ruling ends the matter in state court for Colmenares; the solicitor’s office said it would reserve rebuttal but offered no testimony during the hearing. The court advised counsel it would enter a written order formalizing the dismissal.
