By Ritu Jha-
California-based Indian American doctor Dharmesh Patel, who remains in custody on no-bail status for driving his Tesla off a cliff and allegedly trying to kill his wife and two children, will soon be released from the San Mateo County jail San Mateo Superior Court judge ruled on June 20. As per the ruling, Patel will stay with his parents and receive mental health treatment.
The doctor was found eligible and suitable for Mental Health Diversion by San Mateo County District Attorney Judge Susan Jakubowski. However, San Mateo County District Attorney Stephen Wagstaffe told indica over phone: “We did not agree with the judge and diversion should be denied.”
Patel, 42, a radiologist residing in Pasadena, Southern California, was driving his Tesla home with his wife Neha Patel, and two children, aged 7 and 4, on Highway One Southbound 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 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”.
The doctor was charged with attempted first-degree murder and child abuse, along with domestic violence and child abuse. He pleaded not guilty and his attorney approached for court saying Patel’s defense attorney Joshua Bentley, on July 7 last year, made a motion for mental health diversion “pursuant to Penal Code section 1001.36”, and indicated the qualifying mental illness is a major depressive disorder.
Dharmesh Patel has pleaded not guilty to attempted murder
Judge Jakubowski, who was hearing the mental health diversion case in front of Patel on June 20, stated that after reviewing all the evidence, she had concluded that proper diagnosis for the defendant’s mental illness was major ‘depressive disorder’, which is a qualifying mental disorder under the statute.
The Judge noted that it is presumed that a qualifying mental disorder has the required nexus to the criminal conduct.
Judge Jakubowski also ruled that the defendant will remain in the county jail for several weeks, for what was called a “bridging period”, before being released in the community as suggested by the defense doctors.
As per the order, the defendant will return to court once a week for progress reports. The defendant will be on GPS monitoring and must continue to reside in San Mateo County at his parents’ home in Belmont. He must not leave San Mateo County, and for two months can leave his residence only to attend court or treatment sessions. He must test twice weekly to show medication compliance, must abstain from alcohol and drugs, search and seizure, possess no weapons, must not drive, and must surrender his driver’s license and passport to the court.
According to current law, Patel can walk free after mental health treatment.
“Disappointed”: San Mateo County District Attorney
The decision of Judge Jakubowski was not welcomed by San Mateo County District Attorney Stephen Wagstaffe. He told indica, “We are disappointed in the decision but it was within the judge’s discretion. She has a choice to make. She gave him a pretty big break. He could have gone to prison for many many years.”
“Now, he has no conviction on his record if he succeeds, I am disappointed on that…but this is how the system works,” Wagstaffe said. “He [Patel] will in two to three weeks walk free and has to go through treatment while living at his mother’s house.”
When told there was no bail amount set, Wagstaffe agreed and laughed. “He will be released without bail,” the DA said.
“This is because Governor Jerry Brown passed the Mental Health Diversion Court program Bill AB 1810 in 2019. There is no diversion here and I know, as District Attorney, we fought and he shouldn’t be including attempted murder, domestic violence crimes, and they did not listen to us,” Wagstaffe cited.
Adding on, he said that Judge Jakubowski was working just within the law.
The DA also expressed concern about the message the judgment sent out to the society. “We are recognizing that other people with high profiles may take advantage of this… And so, I do worry about its impact on the people watching the case.” He added that such a case could take place again.
Wagstaffe said Patel’s defense attorney, Bentley, brought two witnesses to testify: psychologist Dr. Mark Patterson and psychiatrist Dr. James Armontrout, on April 24. “Our prosecutor argued and she [Judge Jakubowski] decided to go the other way.”
Both Dr. Patterson and psychiatrist Dr. Armontrout had the same conclusion: that the defendant suffered from major depressive disorder, it is in remission and he would do well in mental health diversion. Patterson told the court that Patel grew increasingly delusional and overwhelmed by headlines from around the world, such as the war in Ukraine and the U.S. fentanyl crisis. Patterson said that Patel’s delusions revolved around a fear that his children would be kidnapped and molested.
Patel, who had pleaded not guilty, earlier gave excuses to investigators that the sensor on his Model Y Tesla car indicated it had low tire pressure, as he was driving his wife and two children on the Pacific Coast Highway on January 2 this year. He further told the investigators that he was trying to stop to check the tires when the vehicle tumbled down the cliff overlooking the ocean, court documents released on Wednesday said.
When asked, Wagstaffe on Neha’s change in statement told indica, “I have heard the wife was under pressure and we have a concern on that and it’s very common in such types of cases.”
Speaking about Judge Jakubowski and whether she was under pressure as well, Wagstaffe said, “We don’t know… but that is one of our concerns.”
Wagstaffe stated that Patel, who used to work as a radiologist at Providence Holy Cross Medical Center in Los Angeles, and lost his medical license after the incident, can go back to medical practice after two years. However, he said it is also upto the California Medical Board to take a call on the matter.
Sharing further on the ruling, Wagstaffe told indica,“It is not a good message to the community when people do such violent acts like this…”
The next hearing under Judge Jakubowski is on July 1. Patel will remain in custody on no bail status.
