SAN FRANCISCO — A San Francisco County Superior Court judge on Monday granted an accused individual’s request for mental health diversion while also imposing a firearm prohibition after prosecutors argued the accused posed a danger to the community.
In a mental health diversion hearing, Judge Julia V. Cervantes granted the accused’s request for mental health diversion and imposed the firearm prohibition after Assistant District Attorney John Delgado argued the accused represented a danger to the community.
In August 2025, the accused allegedly acted as a getaway driver in an armed robbery. The accused has been charged with felony robbery, felony elder abuse and felony assault.
The accused’s criminal defense attorney, Melissa S. Lubin, petitioned for mental health diversion on behalf of the accused, which would pause criminal proceedings while the accused participates in court-approved mental health treatment. If successfully completed, the charges may be dismissed.
Although ADA Delgado did not file a written opposition before Monday’s hearing, he presented an oral objection to the request for mental health diversion.
ADA Delgado said he opposed the diversion, arguing the accused represented “a danger to the community.”
Lubin responded by noting the accused was only 19 years old and had no prior criminal history.
“I do believe he’s ready to get sober and recover,” Lubin said.
ADA Delgado then asked the court to impose a Prohibited Person Relinquishment Form to prohibit the accused from owning or possessing firearms, citing the presence of a replica handgun at the scene of the alleged offenses.
Lubin responded by arguing that a firearm restriction was unnecessary because the accused was not alleged to have come into contact with the replica handgun during the alleged offenses.
Judge Cervantes ultimately granted the accused mental health diversion and imposed a firearm prohibition.
The accused is scheduled to return to court for a progress report hearing on Aug. 14, 2026.
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