He is accused of making an attempt to kill his household by driving their Tesla off a cliff. If convicted on tried homicide costs, he might have confronted life in jail. As an alternative, he’ll skip the trial altogether and get two years of psychological well being therapy at residence.
Dr. Dharmesh Patel is the primary high-profile defendant charged with *attempted-murder* to get Psychological Well being Diversion underneath California’s not too long ago revised regulation. His case is fueling a authorized debate and elevating questions on the capitol.
The unthinkable captured the nation’s consideration
A Tesla plunged greater than 250ft off a cliff at Satan’s Slide on a winding stretch of Freeway 1 in Northern California. The story initially captured the nation’s consideration as a result of the household of 4 inside survived. First responders mentioned it was “nothing in need of a miracle.”
Extraordinary footage captured by rescuers confirmed what gave the impression to be Patel sticking his head out from the sheared-off prime of the household Tesla as rescuers labored to free his spouse and trapped kids, a four-year-old boy and nine-year-old lady.
They used ropes to tug the 2 kids up the cliff, and helicopters hoisted the dad and mom out.
Then, the information broke that police had been charging Dr. Patel with tried homicide and little one abuse.
Prosecutors say he later admitted to deliberately making an attempt to kill his household the day he drove his spouse and two younger kids off the cliff. Therapists testified that Dr. Dharmesh Patel was having paranoid delusions about Jeffrey Epstein, the fentanyl disaster, and he feared that his children may very well be intercourse trafficked. They mentioned he informed them he wished to guard his household from a worse destiny.
Therapy as an alternative of trial
If any one in all them had died that day, Dr. Patel can be standing trial for homicide.
As a result of they survived in opposition to all odds, he is going through tried homicide costs as an alternative – and that makes him eligible for Psychological Well being Diversion underneath California regulation.
As an alternative of going through seven years to life in jail, the Pasadena physician will get two years of psychological well being therapy whereas residing at residence together with his dad and mom within the Bay Space suburb of Belmont.
If he completes a two-year program, Dr. Patel’s document might be cleaned. Legally, it will likely be as if the crash by no means occurred.
Ought to tried homicide defendants be eligible for diversion?
“Physician Patel did all the things he might to hold out a homicide,” argued San Mateo County District Legal professional Steve Wagstaffe. “It was simply that they survived the crash of the automotive.”
Wagstaffe mentioned he helps diversion in lots of instances however not for folks charged with tried homicide. He opposed Psychological Well being Diversion for Dr. Patel.
“I am more than pleased to take that gamble whenever you’re coping with low-level kind of offenses,” Wagstaffe mentioned. “We do not assume for against the law like tried homicide, that diversion out of the system, which means no accountability, no punishment ought to exist.”
A newly revised regulation makes extra Californians eligible for diversion. Defendants not must show a recognized psychological sickness was a “important issue” inflicting them to commit the crime.
Judges should now presume practically any one in all these a whole lot of listed psychological problems was liable for practically any crime.
The checklist of eligible “psychological problems” ranges from Patel’s analysis – main depressive dysfunction – to ADHD, erectile dysfunction, anorexia, substance use dysfunction, and intoxication.
“Diversion packages have been confirmed over and over to have significantly better outcomes than conventional prosecutions in the case of (stopping) new crimes,” mentioned Mona Sahaf, a prosecution reform advocate.
Sahaf is the director of the Reshaping Prosecution Initiative on the Vera Institute of Justice, which frequently advocates for felony justice reform.
She factors to nationwide research that present prosecutor-led diversion tremendously diminished recidivism and the speed of rearrests after finishing diversion.
Nonetheless, our latest CBS Information California investigation discovered a scarcity of dependable knowledge inspecting the success charges of California’s diversion packages underneath the not too long ago revised legal guidelines. The state eliminated its success-rate knowledge from the general public portal following that report.
“Actually, the headline right here is that an individual’s getting the therapy they should make it possible for they could be a secure, thriving member of their group. And that that is aligning with the desires of the survivors of this crime,” Sahaf mentioned.
She factors to emotional testimony from Dr. Patel’s spouse asking for diversion as an alternative of trial.
“I actually miss my finest buddy … my companion in life,” Mrs. Patel mentioned.
Mrs. Patel described how a lot her children miss their father and she or he famous that her husband by no means had an episode like that earlier than. She argued, “(His) psychological well being therapy … won’t solely restore him again to himself however … will restore the well being and well-being of (their) total household.”
By all accounts, Dr. Patel was a loving father and upstanding physician earlier than his sudden psychological sickness prompted him to drive his household off a cliff.
Docs say, if correctly medicated, he might return to that life.
“A diversion program is likely to be the best possible antidote to creating positive that this individual by no means commits against the law once more,” Sahaf mentioned.
The 2-year Psychological Well being Diversion program
“I’d additionally disagree that you just’re not being held accountable in diversion,” Sahaf mentioned. “You need to undergo a really rigorous program with numerous necessities, many, many extra necessities certainly than being charged and put into jail,”
In Patel’s case, he should put on an ankle monitor and keep confined to his mother or father’s home apart from weekly visits to court docket, medical doctors, and therapists. He’ll be examined to make sure he is not utilizing leisure medicine or alcohol and that he’s taking his prescribed treatment.
He turned over his driver’s license and passport and, for now, he cannot see his spouse and children, follow drugs, or personal a gun.
“What do you say to the argument that he is precisely the kind of individual that ought to get psychological well being diversion?” we requested Wagstaffe.
“No one noticed it coming. So how are we going to know sooner or later whether or not it is coming?” he mentioned. “How do we all know he will keep on treatment after two years?”
Wagstaffe additionally worries that Patel was misdiagnosed.
He is being handled for main despair dysfunction, however medical doctors for the prosecution argued he has Schizoaffective dysfunction – which requires a unique therapy that they are saying Patel opposed.
“You need to have the correct treatment,” Wagstaffe mentioned. “That is why we predict that the court docket ought to solely take the possibility, gamble, in instances the place you are a minimal hazard to the general public.”
What occurs after two years?
Wagstaffe notes psychological well being diversion packages run a most of two years.
“If psychological well being diversion had been for 20 years, 30 years, that may be a unique consideration. The utmost – the court docket has no discretion – is 2 years. That is nowhere close to sufficient to find out whether or not any individual has actually modified,” Wagstaffe added.
In Patel’s case, the medical board might try and revoke his license. However, legally, in two years, Patel can return to working towards drugs, driving, and even proudly owning a gun.
“He would be the identical as you, me, and each different law-abiding citizen on the market in our group,” Wagstaffe mentioned. “On the finish of two years, Mr. Patel can exit, on day one, and buy a gun.”
Wagstaffe’s workplace sponsored a invoice, which is now state regulation, that prohibits gun possession in the course of the two-year psychological well being diversion interval.
“Initially it was a lifetime ban that we proposed,” Wagstaffe mentioned. “They’d not even let it get to a vote within the committee until we agreed to water it down … We determined to take that as a result of that is higher than nothing.”
Wagstaffe factors to a dichotomy underneath California regulation.
“If any individual has a psychological sickness and commits an tried homicide, on the finish of the 2 years, we’ll allow them to purchase a gun,” Wagstaffe mentioned.
That is as a result of on the finish of diversion, the costs are dropped. There is not any felony and no document of against the law.
“But when it is any individual who has no psychological well being points – [and] they stole $1,500 price of products, a felony – they’re prohibited from possessing the gun the remainder of their life. There is not any logic.”
Questions on the Capitol
The DA is amongst many who argue Psychological Well being Diversion shouldn’t be allowed in instances of tried homicide.
On the state capitol earlier this yr, a bipartisan invoice with widespread assist throughout the legislature would have added tried homicide to the brief checklist of costs – homicide and intercourse crimes – that aren’t eligible for diversion.
Protection attorneys and reform advocates opposed the invoice, arguing that it’s unhealthy coverage to categorically exclude one kind of offense. “We would like the best choice to be out there in each single case, it doesn’t matter what the costs,” defined Shahf.
Nonetheless, the invoice had 17 bipartisan co-authors and unanimously handed the Meeting Public Security Committee, which is understood for killing tough-on-crime laws.
“It’s terribly exhausting to get, pro-criminal justice payments out of the general public security. And this one flew by,” Wagstaffe mentioned.
However the remainder of the Meeting by no means bought the possibility to vote as a result of the Appropriations Committee killed the invoice by holding it the so-called “suspense file.”
“I discover that as anti-democratic, and I do not assume the general public in the event that they knew it, would discover that acceptable,” Wagstaffe mentioned.
The suspense file is the place even in style payments can go to die with no public vote.
On this case, the committee evaluation advised the invoice was too costly – highlighting how a lot it will price the state yearly ($133k) to ship somebody to jail for tried homicide as an alternative of diversion.
Besides, their evaluation fails to say how a lot it at present prices ($123k+) to place the identical individual by diversion for a yr.
Our CBS Information evaluation of state knowledge discovered that final yr alone, California spent an estimated $67 million on individuals who failed to finish Psychological Well being Diversion packages and had costs reinstated anyway.
Within the first quarter of 2024 yr, state knowledge indicated the failure price jumped to greater than 50%.
Neither the Appropriations Committee Chair, Assemblymember Buffy Wicks, nor her committee workers responded to repeated requests for remark.
“Poster little one” for each side of the diversion debate
Patel is the primary high-profile tried homicide defendant to get Psychological Well being Diversion for the reason that invoice died.
“For us, he is the poster little one. We are going to use him in our efforts to try to convey that invoice again,” Wagstaffe mentioned.
However Patel can be the so-called “poster little one” for the opposite facet.
“Sadly, so many individuals imagine that punishment is the way in which to ensure folks do not commit any crimes. However that is not what the proof reveals,” Sahaf mentioned.
Dr. Patel’s protection lawyer declined an interview, however they hope Patel would be the mannequin for a way psychological well being diversion is meant to work — even for these charged with tried homicide.
CBS Information California Investigates
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