The battery and assault case against Oz Nesbitt, Sr., the Post I County Commissioner, is "still under investigation," according to the prosecuting attorney assigned to the case.

Henry County Solicitor General Charles Spahos was assigned to prosecute the case after Rockdale County District Attorney Richard Read recused himself from the case.

"We’re actively investigating as we speak," said Spahos.

The charges are currently not filed in the Rockdale County court system nor assigned a case number. If charges are filed, it would be in the Rockdale County court circuit, according to Spahos.

He said he was recently assigned the case within the last 10 days. He pointed out having a conflict-of-interest situation creates a delay because of the need to reassign cases.

Nesbitt was charged with a simple assault misdemeanor and a battery misdemeanor after a May 9 incident where he became embroiled in an argument with his wife. Nesbitt reportedly punched the windshield of her car and his wife pulled off the windshield wipers of his car. He was bonded out of Rockdale County Jail for $2,500.