NASHVILLE, Tenn. (WTVF) — A judge has reversed his decision in a violent assault case after questions raised by NewsChannel 5 Investigates.
Specially appointed judge Max Fagan ruled in February to "nolle prosequi" or end prosecution against four men charged with a felony in the beating of a juvenile in a motel parking lot nearly two years ago.
Judge Fagan made the ruling after prosecutors in District Attorney Glenn Funk's office provided little information about the case and did not argue in favor of prosecuting the case.
But in March, after NewsChannel 5 Investigates started asking questions, Judge Fagan reversed his ruling and put the four cases back on the court docket.
The mother of the juvenile victim in the case told NewsChannel 5 Investigates she was never notified about the February hearing in which the charges were dismissed.
Anna Jimenez said the four men who attacked her son nearly two years ago should face consequences.
Judge Fagan's reversal is not the first time this case has taken a dramatic turn.
Last year NewsChannel 5 Investigates revealed the four men arrested had their cases transferred to a rarely used court for non-violent offenders called CARES Court.
The court was set up by Judge Rachel Bell.
Jimenez can't believe this case has taken so long and had so many turns.
"My child gets beaten so bad he is not a normal child to me anymore, not a normal child," Jimenez said.
NewsChannel 5 Investigates asked, "You think he still thinks about the attack?"
Jimenez responded, "Yes... He thinks about it all the time."
In May 2021, witnesses called 911 to report a brutal beating in a motel parking lot.
"They're beating him. They're beating someone to death," one caller told the operator.
Judith Edwards worked at the motel which caught the beating on its security cameras.
"And I was screaming. I'm calling the police telling them they are killing this kid. They are going to kill him," Edwards said last year.
Video shows Anna Jimenez's 17-year-old son was driven to the parking lot by his cousin.
After her son got out of the car, an older man started punching him, then at least three others joined the attack.
Jimenez's son was repeatedly punched, kicked and even slammed to the pavement.
"They start just beating him, beating him and beating him," Jimenez said.
Police arrested four men after the attack.
Donta Holt, Kenneth Smotherman, Ched Smotherman and Corey Moseley were all charged with a felony.
But as we first reported after the arrest, Corey Moseley's father donated $500 to Judge Rachel Bell's re-election campaign.
His father, Ronald Moseley, gave another $500 to District Attorney Glenn Funk's campaign.
Their cases were transferred to the CARES Court, which allows them to eventually wipe the arrests off their records.
NewsChannel 5 Investigates asked Jimenez, "Why do you think they aren't in jail?"
Jimenez responded, "I guess they got more money than us or something's going on."
A spokesman for District Attorney Glenn Funk said Funk did not know about the campaign contribution until our questions.
The spokesman said the case is being prosecuted by an Assistant District Attorney.
Jimenez said she never agreed to reduce the charges and allow the defendants to go into CARES Court, but as we previously reported court records indicate she gave permission.
A handwritten notation indicates the prosecutor "spoke to the victim's mother."
"They never asked me about it none of the way. They called me and told me they had changed the charges to something else," Jimenez said last year.
NewsChannel 5 Investigates asked, "And if they had asked you what would you have said?"
"No," Jimenez responded.
None of the judges in Davidson County wanted to touch the controversial case after Judge Bell recused herself, so former Robertson County Judge Max Fagan was appointed to hear the case.
We obtained audio of the hearing Judge Fagan held in February.
He asked lawyers for both sides for information about what a CARES Court even was.
"What is a CARES Court?" Judge Fagan asked.
He did not get much information.
"Let's establish that we are in General Sessions Court, because I don't know what a CARES Court is," Judge Fagan said in the hearing.
He then asked prosecutors what they wanted to do with this case. But they did not have much to say.
"If your honor chooses to dismiss this, the state is ultimately going to defer to the court," the prosecutor on the case said.
With little information to go on, the judge issued the order to "Nolle" the cases, meaning they were dismissed unless prosecutors wanted to bring them back.
The judge wrote on the final order that prosecutors "expressly consented" to "whatever" the court decided. That same day the four men went to have their charges expunged - and the arrests erased from their records.
Jimenez said she learned about the hearing only after we told her about it.
NewsChannel 5 Investigates asked, "Did you know anything about a hearing?"
Jimenez responded, "No."
She was upset prosecutors did not mention the video of the beating or try to push the case forward.
But she was even more upset hearing defense attorneys talked about her and told the judge she was motivated by politics. A defense attorney told the judge she changed her mind about the case to hurt Judge Bell's re-election campaign.
"Mom was in agreement, but when elections start going on, mom comes out of agreement," the defense attorney told the judge in the hearing.
Jimenez responded, "I don't give a crap about all of that. I ain't care about none of that. I just want justice for my child."
We asked District Attorney Glenn Funk's office why the cases involving these four men had been nollied.
A spokesperson responded that whatever happened in court "did not end the state's ability to prosecute." After still more questions, Judge Fagan issued a "New Order." He "rescinded" his previous ruling and put the cases back on the docket.
"If it had been my way all four of them would be in jail — if it had been my way," Jimenez said.
Jimenez believes the District Attorney Glenn Funk's office would have dropped the cases long ago if we hadn't kept asking questions.
She wants Funk to recuse himself just like Judge Bell did because he took a campaign contribution from the suspect's father.
NewsChannel 5 Investigates asked, "You think if your son did this...?" Jimenez responded, "He'd be in jail."
She wants to see the justice system work for people like her who don't contribute to campaigns.
NewsChannel 5 Investigates asked, "What message does it send if they get away with this?"
Jimenez said, "That everyone else can do it too. Beat on somebody's kid then go on with your life like nothing happened."
District Attorney Glenn Funk's office said in a statement that General Funk "knows of absolutely no connection between a donor and a defendant in this case. Therefore, there is no need for recusal."
His office did not address whether Jimenez was contacted about the February hearing in front of Judge Fagan, but did say she was told about the reduced charges and the cases being transferred to the CARES Court.
His office said Jimenez is among the witnesses who have been subpoenaed to attend the next hearing in this case, which is set before Judge Fagan on April 28.
