Image Credit: Nashville.gov & Google Earth
The Tennessee Conservative [By Olivia Lupia] –
A Somalian national with an ICE detainer who was arrested after raping an unconscious woman, who later died, multiple times on the steps of a Nashville church may be institutionalized instead of facing harsher penalties after a new Tennessee law went into effect last year.
Jillian’s Law, which went into effect July 1, 2024, is intended to close loopholes for repeat offenders by mandating that any criminal defendant who is determined to be incompetent to stand trial be committed to a treatment facility and be entered into a National Instant Criminal Background Check System, preventing them from purchasing or owning firearms.
An offender who is judicially committed under this law is to remain committed until the competency of the person to stand trial is restored. If competency can’t be restored but the person no longer meets the standard, the court with criminal jurisdiction over the charges will approve a mandatory outpatient treatment plan that accounts for the “safety of the community”.
39-year-old Mohamed Mohamed is a Somali migrant who came to the U.S. under the Obama administration.
Before the Nashville rape incident over the summer, Mohamed had been previously arrested at least 15 times since 2015. The dozens of charges from drugs to indecent exposure to criminal trespass were all dismissed.
In 2023, a sexual battery charge against him was retired as he was found incompetent to stand trial. A charge being retired means it was put on hold but can be brought back up by the District Attorney’s office, and he reportedly does have one conviction for public indecency.
It is likely Mohamed is an illegal alien as ICE generally files detainers against potentially dangerous aliens who have been arrested by another law enforcement agency or are removable from the U.S.
In that scenario, Jillian’s Law, intended to help safeguard against offenders like Mohamed being released on grounds of mental incompetence to stand trial, could possibly hinder immigration enforcement efforts as the alien would potentially be remanded to the custody of the mental health facility should the law be found to apply.
Currently, Mohamed remains in the Davidson County Jail on a $300,000 bond with an immigration detainer and is scheduled to appear in court for the four rape charges on January 7, 2026.
In the meantime, the District Attorney’s office said a mental health evaluation has been ordered, though there has not been a date set for the evaluation yet.
While they could not comment directly on the case, the DA’s office generally said the determination of if Jillian’s Law will be applied will depend on whether doctors find not just incompetence but if the person is committable, meaning able to be recommended to a mental health facility. The office also added that there are not enough beds to use Jillian’s law on every suspect and that they can challenge mental health evaluations.
Advocates and community members have expressed outrage that Mohamed had been allowed back onto the streets so many times, saying that if he had been forced to stay behind bars for his previous offenses, the rape of which he is accused never would have happened.
Attorney Ben Raybin said since the string of offenses is mostly misdemeanors, it is unlikely Mohamed will receive harsh penalties. Additionally, he said those charges are more susceptible to dismissal and that there could also not be enough evidence for the charges to stick.
“The issue is that the criminal justice system is really not well-suited to deal with that,” said Raybin.
Victim advocate Verna Wyatt said the fact that charges are misdemeanors shouldn’t matter if the suspect has a pattern of endangering the public.
“It’s infuriating that we allow people like him to get to the point where there is now an outrage. Look at these cases on an individual basis and look at the perpetrator, look at their background and decide in the interest of the general public,” she stated.
Congressman Andy Ogles commented on the case via social media, “Every judge and prosecutor who let him off the hook was a DEMOCRAT. As long as local liberals are running things in Middle Tennessee, we are at war. The state should impeach all of the judges. Sene the [National] guard to Nashville.”
About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
