By DON FLETCHER
News Staff Reporter
The case against an Atmore man arrested nearly two years ago and charged with several crimes related to an alleged domestic violence incident, was dismissed nearly a year ago after the woman who accused him refused to pursue the charges, court documents indicate.
Hartwood Oliver McMillan III was arrested June 28, 2023, after Atmore police responded to a complaint from a woman at a residence on U.S. 31.
According to police reports, which were published in the “Felony arrests” section of the July 4, 2023 edition of Atmore News, McMillan was initially charged with one count each of domestic violence (strangulation), first-degree sexual abuse, first-degree false imprisonment, third-degree domestic violence (assault) and third-degree domestic violence (second-degree criminal mischief).
According to records on file with the county clerk of court’s office, the case (CC2023-273) was dismissed almost a year later to the day, when District Attorney Steve Billy filed a motion to nol pros (abandon prosecution) on June 26, 2024.
The DA cited three grounds for the dismissal: (a) the victim did not wish to prosecute; (b) the state cannot establish a prima facie case (a legal claim that has enough evidence to support a judgment or trial) without the victim’s testimony, and (c) justice would be best served by abandoning the criminal prosecution.
Circuit Judge Todd Stearns approved the motion, and all charges were dropped against the Atmore man, who said he had been trying since then to have the dismissal published.
“She was trying to take my kids away from me,” McMillan said of the woman who filed the complaint. “I just wanted people to know that those charges were thrown out, to make sure my name was cleared.”