Crime

Records: Bibb inmate not given proper treatment, housing must go to another facility

Records: DBHDD declared Nasir Armstrong incompetent but returned the disabled man to the Bibb County Jail where he lacked medication, mental health care.
Records: DBHDD declared Nasir Armstrong incompetent but returned the disabled man to the Bibb County Jail where he lacked medication, mental health care. Getty Images/iStockphoto

Bibb County Superior Court records from Tuesday show that a disabled, incarcerated man at the Bibb County Jail was not given the proper medication and treatment for a possible mental health condition, and Georgia’s behavioral health department hadn’t made efforts to find him proper housing.

Nasir Jylnn Armstrong, 23, has been facing charges of child molestation and rape since 2022. But his case has not been tried as the Department of Behavioral Health and Developmental Disability declared him to be incompetent to stand trial due to his aggression, irritability and mood, as well as a developmental disorder, court records show.

Although the behavioral health department said Armstrong would not regain competency in the foreseeable future, they did not diagnose the 23-year-old with a mood disorder — despite being prescribed Risperal, an antipsychotic medication — and declared he was ineligible for continued inpatient treatment, court records showed.

As a result, he was returned to the Bibb County Jail in January 2025, where he remains, according to court records and Bibb County Sheriff’s Office inmate search.

Court records also showed that, due to not being diagnosed with a mental disorder, he had not been receiving mental health treatment or medication at the jail.

Judge Connie Williford, who is currently presiding over the case, called the actions from the behavioral health department and the Bibb County Jail infirmary “untenable, indefensible and constitutionally infirm,” according to court records from Tuesday.

“The Defendant stands presumed innocent under both the United States Constitution and the Georgia Constitution,” Williford said. “He cannot be tried, he cannot plead guilty, and he cannot be restored to competency. Yet he remains incarcerated in a troubled county jail, an environment wholly inappropriate for an individual with profound intellectual disability, and arguably a mental health mood disorder, and no adjudication of guilt.

“This prolonged detention, absent any realistic path toward adjudication or placement, offends fundamental principles of due process.”

Psychiatrist concerned about Armstrong being in jail

The behavioral health department found Armstrong was “incompetent to stand trial and (recommended) inpatient hospitalization for competency restoration,” court records show. After two years of attempts to restore his competency, by Oct. 4, 2022, the behavioral health department determined there was no reasonable probability of restoration and did not qualify for continued treatment.

“According to the (final) report, (Armstrong’s) clinical condition was due to developmental disorders … rather than psychosis,” Williford said. “While the defendant had been prescribed Risperdal, an antipsychotic medication, on a daily basis for the management of challenging behaviors such as aggression, irritation, and mood, (Armstrong) was not diagnosed with psychosis.”

The decision to not diagnose Armstrong was challenged in a court hearing Monday where psychiatrist Dr. John Palmer said “one could argue that if he is prescribed a psychiatric medication for aggression, irritability, and mood, then perhaps he has a mood disorder,” court records showed.

“I don’t know why that diagnosis wasn’t given, but it is a reasonable question,” Palmer said.

Armstrong continued to act aggressively, including two incidents where he exposed himself to others, while hospitalized at the West Central Georgia Regional Hospital, according to court records.

Armstrong was still ordered to take Risperdal after being remanded to the Bibb County Jail. However, Palmer testified that, despite the prescription, Armstrong had no “mental health diagnosis on record at the jail and is not receiving any mental health treatment or medication,” according to court records.

Palmer also said he was concerned about Armstrong being released to the jail, a non-secure facility, given his disability.

Though the behavioral health department said there was a “moderate risk for future violence if (Armstrong) was placed in an inpatient commitment setting and a moderate to high risk for future violence if Defendant was placed in an appropriate, highly-structured outpatient setting,” Armstrong remained in jail.

Carol Love, of the behavioral health department, said in the court hearing Monday that it would take a year for Armstrong to apply for a Medicaid waiver to be placed in a community home, and that there are a limited number of homes that accept sexual offenders.

‘Constitutionally unacceptable’

Despite the behavioral health department’s ruling on Armstrong’s condition, Williford said the department made no meaningful effort to secure an appropriate setting for him since his return to jail.

She ordered Armstrong be returned to the West Central Georgia Regional Hospital or another appropriate inpatient facility. In the meantime, DBHDD was ordered to diligently obtain a Medicaid waiver that would secure housing that meets his needs. The department would also need to provide periodic reports of its progress in securing housing for Armstrong.

Lastly, Williford said Armstrong should not return to jail under any circumstances, emphasizing that “continued incarceration of this Defendant in a county jail is constitutionally unacceptable and will not be permitted to persist under the guise of administrative inertia,” court records show.

Alba Rosa
The Telegraph
Alba Rosa, from Puerto Rico, is a local courts reporter for The Telegraph in Macon, Georgia. She studied journalism at Florida International University in Miami, Florida where she graduated Magna Cum Laude in December 2023. Other than journalism, she likes to make art, write and produce music and delve into the fashion world.
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