"Actually, according to Lawrence vs. Texas, the US Supreme Court has ruled it is NOT a crime and thus he should NOT be charged under the statute that has been nullified by SCOTUS."

This is a another case of law enforcement not caring about the law, but their own narrow views. Tommy should be able to sue the county and the DA for bringing the charges. Apparently there is some ulterior motive for arresting someone for a law that was already ruled unconstitutional. Sue them and recover damages for unlawful arrest.