SAN DIEGO, CA– Deputy Public Defender Joseph Arnold requested to move the preliminary hearing for the accused out 60 days to allow for a mental health treatment plan to take effect, but only won part of his request here late last week in San Diego County Superior Court.
Deputy District Attorney Benjamin Barkley opposed, saying mental health diversion should be terminated, and Judge Saba Sheibani—granting Arnold’s request for the hearing delay—said she will most likely not approve mental health diversion for the accused in the future.
Public Defender Arnold explained the accused is currently in custody after an incident that occurred while the accused was in review for another case.
The new incident occurred at the treatment program the accused was previously a resident of when the accused allegedly set a room on fire in which he and others in the program were living. The preliminary hearing for this incident was originally set to take place on July 18.
DPD Arnold argued that moving this preliminary hearing out 60 days is necessary so the accused has time to get back into a treatment plan to address his mental health issues, emphasizing the hearing should be delayed because of the circumstances the incident caused for the accused.
DPD Arnold added because the accused lost his lease as a result of the incident, he has been prevented from having access to his previous medication and treatment plan.
However, DDA Barkley asked the mental health diversion be terminated because this incident “would be a new strike,” adding mental health diversion should not be granted “given he put others in harm” when the accused set the room he and others were living in on fire.
Judge Sheibani granted DPD Arnold’s request to delay the preliminary hearing and moved it to Sept. 6, but added, “it is highly unlikely that I will grant mental health diversion on this new case.”
