NASHVILLE, Tenn. (WTVF) — A Davidson County judge says she was "absolutely devastated" when she learned a man released from jail after being declared mentally incompetent to stand trial had been charged with aggravated rape.
Judge Melissa Blackburn oversees Davidson County's mental health court and said Carl Hamilton, 34, was released last month because Metro did not have a treatment program for him.
A Vanderbilt doctor determined Hamilton was not competent to stand trial on a series of misdemeanor charges — including criminal trespassing at the apartment complex where the rape happened.
Not competent means he did not have the mental capacity to assist with his own defense.
But the doctor also determined "it is possible that he (Hamilton) could be restored to competency with appropriate treatment."
NewsChannel 5 Investigates asked, "Why didn't he get treatment?"
Judge Blackburn responded, "There is no jail-based competency program in place either inside the jail or outside the jail."
NewsChannel 5 Investigates asked, "So all you could do was release him?"
Judge Blackburn said, "All you can do is release him at that point and that's what happened."
The day after Hamilton was released, he was arrested for aggravated rape and kidnapping involving an Amazon delivery driver at a Nashville apartment complex.
Hamilton has a long criminal history. He has been arrested nearly one hundred times in Davidson County. In 2020, he pleaded guilty to kidnapping a woman and served two years of his six-year sentence.
In March of this year, he was arrested for criminal trespassing, public intoxication, and drug paraphernalia use.
A doctor interviewed him, and found he was "not competent to stand trial at the time of the evaluation."
"They were misdemeanor offenses. They were not violent offenses. The District Attorney's office eventually nollied his cases, which put him back on the street," Judge Blackburn said.
If it sounds familiar it should.
NewsChannel 5 Investigates reported Johnson Lloyd was arrested in Bowling Green last December and charged with raping a hotel employee.
Days earlier, he had been released from the Davidson County jail because a doctor said he was not competent to stand trial.
"We don't have the means to provide training for Mr. Hamilton or those like him," Judge Blackburn said.
Lawmakers passed Jillian's Law, which goes into effect this July which Judge Blackburn said should make a difference.
It's named for Belmont student Jillian Ludwig, who was shot and killed while walking in a park. The man who shot her had been released from jail after being found too intellectually disabled to understand the charges against him.
Jillian's law requires that people found mentally incompetent must receive treatment and the court must keep track of their progress.
Judge Blackburn said if someone like Hamilton were arrested now she would likely have them sit in jail until the new law takes effect. She said there is still a need for services like housing and follow-up care once people struggling with mental illness are released.
She is hoping Metro will step up with more money in its next budget.
