LOS ANGELES, CA — Deputy District Attorney Michelle Humphrey this week objected here in a pre-trial hearing at the Airport Courthouse of Los Angeles County Superior Court to an argument by Deputy Public Defender Romina Aghai to grant the accused “own personal recognizance (OPR) diversion.”
The DDA’s argument was presented despite acknowledging the accused suffers from schizophrenia.
During the pre-trial hearing, the court noted the accused’s prior sentencing charges. DDA Humphrey said on Jan. 13 of this year, the accused showed up at the driveway of the victim’s mother’s house despite not being allowed on the property. When the accused discovered he was prohibited, he sexually assaulted the victim and proceeded to threaten the victim.
DDA Humphrey quoted the accused’s threats: “I’m gonna murder you, I’m gonna f–k you.”
DDA Humphrey described a different case where after a slight altercation with a worker, the accused attempted to stab the victim. The victim escaped and ran inside an ARCO.
DDA Humphrey, after referencing these incidents, charged the accused was a danger to the community and highlighted the accused preyed only on vulnerable women.
DPD Aghai explained the accused is 35 years old and was diagnosed with schizophrenia in 2005. DPD Aghai argued the accused has been living with uncontrolled schizophrenia since then and turned to illicit drugs beginning in 2007.
The DPD Aghai added the accused’s drug abuse worsened shortly after the accused’s brother attempted suicide, turning to crack, meth, and heroin.
The DPD acknowledged the accused has prior convictions, but for some, the accused was found incompetent due to his mental illness. DPD Aghai argues the accused has not been properly medicated.
With both the DDA and DPD’s statements, Judge Lana S. Kim said she wants the accused to begin therapy, but disagreed with OPR diversion, although noting she will agree to OPR if the accused participates in a full service partnership program (FSP).
Judge Kim provided words of encouragement to the accused, adding she understands why he turned to illegal drugs because he was in pain, but argued the accused has to act differently.
Judge Kim concluded that if he is successful in FSP, the accused will be granted OPR for 24 months.
