Ritu Jha-
A judge has ruled that an Indian American physician who tried to kill his family by driving them off a seaside California cliff will avoid criminal prosecution because he was depressed.
Dharmesh Arvind Patel was released from jail July 8 after San Mateo Superior Court Judge Susan Jakubowski determined he met the criteria for a mental health diversion under California law.
San Mateo County District Attorney Stephen Wagstaffe was “not pleased” with the decision, he told indica in an email.
“He will be living with his parents at their home in Belmont,” Wagstaffe said. “He is not allowed to leave their home except to go to visits with his treating psychiatrist or to go to court. No theaters, restaurants or anything else.”
On Jan. 2, 2023 the 42-year-old Pasadena radiologist was driving his Tesla home with his wife Neha Patel, and two children, aged 7 and 4, on the Pacific Coast Highway after a vacation with extended family in Dublin, California.
After leaving the Lantos Tunnel, Patel drove the car uphill at “Devil’s Slide,” turned off the highway onto the dirt area and then turned over the cliff and dropped 250 feet into the rocks and surf below. All four miraculously survived and were air-lifted to Stanford Hospital.
The motive then was unclear. However, Neha told the emergency worker after she was rescued that her husband “did it on purpose.” But she changed her story during the court proceedings, saying she doesn’t want Patel charged and that their children are missing him.
Jakubowski ordered Patel to appear again for Mental Health Diversion Review proceedings on July 15.
Patel is supposed to start treatment later this week. He goes back to court next week and once a week until the court decides to reduce the court appearances.
Patel has pleaded not guilty to attempted first-degree murder, domestic violence and child abuse. His attorney, Joshua Bentley, a year ago filed a motion for mental health diversion “pursuant to Penal Code section 1001.36”, and indicated the qualifying mental illness is a major depressive disorder.
Wagstaffe said the 2019 law signed by Governor Jerry Brown has a flaw.
“We fought it that they shouldn’t be including attempted murder, domestic violence crimes, and they did not listen to us,” Wagstaffe said. “As to my feeling, we continue to believe that cases like this one should not be eligible for mental health diversion. But at this point California law allows it and Mr. Patel escapes accountability for his effort to murder his wife and two little children.”
Judge Jakubowski has ordered Patel to be placed on supervised release with GPS monitoring and he may not practice medicine. Patel may not receive visits from his wife or children until the judge decides whether it is appropriate.
