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Agencies Argue Over Who Should Care for Retarded Inmate
By Associated Press
Published: 01/03/2003

Two South Carolina state agencies are arguing in court over who should treat a mentally retarded man recently released from prison after serving about 15 years for killing a man with an ax.
Lawyers for James E. Thurmond, 44, say he is severely mentally retarded, putting his mental age at 6 years, 10 months, and saying tests showed his IQ was between 41 and 64.
The state Disabilities and Special Needs Department, which mainly treats the mentally retarded, says it doesn't have any secure places for Thurmond.
The agency says the North Augusta man is mentally ill and mildly retarded.
Mental Health Department experts testified Wednesday that Thurmond is mentally retarded but not mentally ill, although Thurmond lived for at least 12 years at its facilities.
Probate Judge Jacqueline Belton is expected to rule later.
Thurmond pleaded guilty but mentally ill to manslaughter in the 1987 death of John Henry Scurry, 33, who was hit several times in the head with an ax while sleeping in his home.
Since his release from prison on Dec. 7, Thurmond has been living at a Laurens County center for the mentally retarded operated by the state mental disabilities department.
Circuit Court Judge Henry McKellar last year ruled that Thurmond was unfit to stand trial on an attempted sexual assault charge because he was mentally retarded. He ordered the disabilities department to take Thurmond when he completed his manslaughter sentence, pending a probate court hearing.
At Wednesday's hearing, department experts testified their facilities don't have locks or bars - in compliance with federal law - and they can't protect Thurmond from himself or others.
'He would be the one who would need the tightest security of anyone in our facilities,' said Dr. William Green, the department's psychiatric services director.
Green said Thurmond threatened a staff member at the Whitten Center, where he lives. Another witness said that Thurmond had more than 80 disciplinary infractions in prison.
Thurmond was guarded by several state constables and Richland County sheriff's deputies.
Thurmond's brother, Lewis, attended the hearing and said he can't understand why no one wants to take his brother, who has been institutionalized since he was about 10 or 11.
'There should be some place for him,' he said.


Comments:

  1. hamiltonlindley on 02/04/2020:

    It is inspiring to read how this website shows empathy to inmates and prison guards and their shared story. If you want to read more about how empathy affects your world, read Hamilton Lindley blog where he discusses the importance of being empathetic.


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