By Jenny Zhao
YOLO COUNTY, CA — In a case raising broader questions about access to mental health diversion in serious criminal matters, a Yolo County judge on Monday heard arguments over whether a man, diagnosed with a mental illness, should be allowed treatment instead of incarceration under California Penal Code §1001.36.
Deputy Public Defender Sarah MacDonald argued that the accused meets all legal criteria for diversion: he has a qualifying diagnosis, is actively participating in therapy, and has no history of serious or violent offenses.
But Deputy District Attorney Melinda Aiello opposed the motion, citing the severity of the alleged domestic violence and questioning the sufficiency of the psychological evaluation used to support the request.
The man is charged with inflicting corporal injury on a spouse or cohabitant in an incident that allegedly occurred in April 2024. An additional sentencing enhancement has been filed for aggravating circumstances. He has been out on bail after posting a $30,000 bond and is complying with court-imposed conditions, including a protective order.
MacDonald told the court that his mental illness was a significant factor in the alleged conduct and that diversion would address the root causes of his behavior more effectively than traditional prosecution.
She noted that the statute was designed to provide treatment rather than punishment when public safety can still be assured.
Aiello challenged the credibility of the psychological report submitted by the defense, saying it lacked clear analysis connecting the diagnosis to the alleged behavior. She also argued that the nature of the charge made diversion inappropriate.
Judge Catherine Hohenwarter did not immediately rule on the matter and said the hearing would resume during the afternoon calendar due to time constraints.
