WOODLAND, Calif. — A Yolo County Superior Court judge tentatively found an accused eligible and suitable for mental health diversion Friday despite objections from the prosecution, which relied on more than decade-old convictions and the nature of the current allegations to argue the accused was not an appropriate candidate for treatment.
During a preliminary hearing held Friday in Yolo County Superior Court, Deputy District Attorney Aimee Carrazco opposed the motion for mental health diversion on behalf of the accused, citing convictions from 2010 and 2013 to argue he was “eligible but not suitable,” despite the court tentatively finding him eligible for diversion.
The accused is facing felony violations including obstructing or resisting and resisting an executive officer (PC section 69), attempting to remove a firearm from a peace officer (PC section 148(d)), battery against a cohabitant (PC section 243(e)(1)), and resisting or obstructing a public officer (PC section 148(a)(1)).
Deputy District Attorney Carrazco acknowledged that the accused meets eligibility requirements for mental health diversion but argued he is not a “suitable candidate.” Carrazco referenced the “prior conviction from 2010” and the “prior conviction from 2013 for a felony PC section 245(a)(4),” asserting that the accused’s criminal history weighed against suspending the case for treatment.
DDA Carrazco furthered her argument by describing the current allegations as involving combative conduct toward officers and characterized the proposed treatment plan as “very bare bones.”
Carrazco also argued that the “nature of this case,” specifically the combativeness of the accused’s conduct, makes the accused unsuitable for mental health diversion.
DDA Carrazco continued to state the treatment plan for the accused was focused on maintaining sobriety and was “not thorough enough” for the charges faced.
Under the current plan, the accused is attending Alcoholics Anonymous meetings and must maintain sobriety.
Deputy Public Defender Ron Johnson responded that the convictions cited by the prosecution were more than a decade old and emphasized that the accused “has no strikes in his history, much less super strikes.”
Johnson informed the court that the accused continues to see a psychiatrist and has made progress in treatment, arguing that the court should not “second-guess” the treating psychiatrist’s recommendation when considering whether to suspend proceedings for diversion.
DPD Johnson also asserted that the accused’s criminal record is insignificant, bearing only misdemeanors and infractions, and argued that the accused is unlikely to commit a super strike.
Johnson responded to Carrazco’s concerns about the treatment plan by confirming that he is open to creating a new treatment plan.
He also reminded the court that the accused sees a psychiatrist regularly and that the current plan is less intensive as recommended by the psychiatrist based on the progress the accused has made.
After considering the parties’ arguments, Judge Clara M. Levers stated the court had considered the accused’s criminal history but did “not find that he would pose an unreasonable risk.”
The court noted that the accused “has responded to treatment” and tentatively found him eligible and suitable for mental health diversion despite the prosecution opposing the request by citing charges made more than a decade ago.
Judge Levers added that the accused must continue to see the psychiatrist regularly and attend anger management.
Judge Levers continued the matter for submission of a more detailed treatment plan before issuing a final ruling on whether criminal proceedings will be suspended for diversion.
The accused remains released on $10,000 bail pending that decision.
The final ruling on the diversion will take place April 3, and the next court hearing is scheduled for 9 a.m.
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