A doctor accused of driving his Tesla off a cliff near Pacifica in a desperate bid to kill his family has asked to be placed in a mental health program, one that could allow all of the felony charges against him to be dismissed.
Dharmesh Patel’s request came as his attorneys claimed during a hearing Friday that the Southern California radiologist suffers from major depressive disorder, according to San Mateo County District Attorney Steve Wagstaffe.
Such a diagnosis is key to enter into a statewide diversion program created to prevent incarcerating a person for their mental illness. At a July 31 hearing, a judge is expected to lay out the process for the 42-year-old to seek entry into the diversion program. It is a process that can take months.
Patel’s claim offered a new glimpse into his possible mental state on the day that authorities say he tried killing his family by driving their Tesla Model Y into the Pacific Ocean.
Investigators say Patel purposefully drove his family off a cliff on Jan. 2 near Devil’s Slide along Highway 1, sending the car plunging 250 feet onto a rocky beach. Patel suffered injuries to his leg and foot, while his wife suffered more severe injuries. Their 7-year-old child was seriously injured and their 4-year-old survived with only bruises. Both children were released from the hospital within a month of the crash.
Patel later pleaded not guilty, claiming the family’s Tesla had been experiencing tire issues. He allegedly told investigators that he stopped three times at gas stations that day to put air in his left-rear tire while driving to the Devil’s Slide area. He added that the car’s tire-pressure sensor light had turned on beforehand, authorities say.
Patel’s wife told investigators that her husband was “depressed,” according to court documents. The records show she told a California Highway Patrol officer that, “He’s a doctor. He said he was going to drive off the cliff. He purposely drove off.”
Witnesses told authorities that the car never appeared to brake as it flew off the highway — accounts that were bolstered by video from the Tom Lantos Tunnels, court documents show. Investigators also say the Tesla’s self-driving features did “not appear to be a contributing factor” in the incident.
State legislators in 2018 established the mental health diversion program as a way for eligible defendants to see their cases dismissed if they successfully complete a rigorous and lengthy treatment program.
To be eligible for the program, defendants must be diagnosed with a mental illness that has a direct connection to their alleged crime. The mental illness also must be treatable within the duration of the diversion program, which is two years for felony cases and one year for misdemeanor cases.
People accused of serious felonies, such as murder, are ineligible for the program. However, the charges that Patel faces — which include attempted murder — are eligible.
Each year, “hundreds” of people apply to enter the program in San Mateo County, and the majority of them are granted admission, Wagstaffe said.
State lawmakers intended for the program to give people with treatable mental illnesses a second chance, said Steven Clark, a Bay Area attorney and legal analyst.
“We’d rather treat them, give them a fresh start in life, as long as they’re not a future danger to the community,” Clark said. “That’ll be the biggest hurdle for the defense — the danger to the community argument that the DA is likely to make, or potentially will make.”
Wagstaffe said that “obviously, we would have preferred Mr. Patel to have to face the charges and be held accountable, if appropriate.” But he acknowledged that state law allows defendants to seek diversion in cases such as this.
Patel’s attorney, Joshua Bentley, declined this newspaper’s request for a comment.
Even if Patel does win entry into the program, it appears unlikely he will be able to practice medicine while receiving treatment under court supervision.
In June, a judge granted a request by the Medical Board of California to bar Patel from practicing medicine while he awaits trial on the charges. In court filings, regulators argued that Patel represented “an alarming danger to the public” in light of an “impairment of cognitive abilities needed to safely practice medicine.”
On Friday, a statement from the medical board said that the court’s order ensured that Patel could not practice medicine “under any circumstances” while the case remained open.
“The prohibition on practicing medicine will continue until the order is modified by the court or the criminal case against him concludes,” the board’s statement said.
Source: www.mercurynews.com