VCU students familiar with the case say Fuller should be held responsible regardless of his medical condition. Our legal expert says the decision to withdraw charges against Fuller isn't something the prosecution took lightly.
"I guess he can't stand trial if he has a brain injury, but he should still at some point be held responsible," said VCU senior Ashley Hirmer.
"There's a certain set standard like the law and it should be abided by regardless of his condition," said Jon Moxley, VCU senior.
Fuller is now in a psychiatric ward. Only months ago, he was in the hospital reportedly in a coma from a diabetic episode. Chesterfield Prosecutor David Rigler says Fuller's brain injury stems from that illness.
Rigler says a letter from Fuller's physician stated Fuller's condition limits his cognitive ability and the former VCU police chief would need long term care. Prosecutors withdrew the sex crime charges. A surprising move says legal analyst Steven Benjamin with Fuller being a public figure, but certainly not uncommon.
"It's not enough that they can sit there and breathe and blink their eyes. They've got to be in touch with reality capable of understanding the proceedings and making decisions that have some grounding in reality," said Benjamin.
Fuller was accused of soliciting sex online under the name "hot cop" with a Chesterfield detective posing as a 14 year old girl.
"I just think that yeah he definitely be held responsible for what he's done." Moxley said.
Which is still a possibility.
"If there were ever a restoration of competency then of course the charges could be reinstituted so this is not a binding action." Benjamin said.
But Rigler says its unlikely Fuller will recover.
"I would expect they will be checking on this as well," he said.
Fuller's medical records submitted as evidence have been sealed. We tried to reach Fuller's attorney for comment but our calls were not returned.