Dharmesh Patel and his lawyer Joshua Bentley in the courtroom during Patel’s trial in Redwood City, California, Thursday, Feb. 9, 2023. Patel is charged with attempted murder after driving his Tesla car, with his wife and two children inside, off a cliff.
A Pasadena radiologist accused of pushing a family member off a cliff on Highway 1 last year in an apparently mentally unstable state appears on the brink of entering a mental health diversion program that could force prosecutors to dismiss the criminal case against him altogether.
Dharmesh Patel, 43, could be released this summer for the first time in nearly 18 months after San Mateo County Superior Court Judge Susan Jakubowski ruled Thursday that he meets the eligibility criteria for a diversion program. The program, enacted by state lawmakers in 2018 as a way to stem the rise of mental illness in prisons and jails, typically dismisses cases and provides treatment for the underlying conditions behind a defendant’s arrest.
The sentence allows Patel to be released this summer to live with his parents in San Mateo County while he undergoes a two-year treatment program overseen by the director of the Stanford University Forensic Psychiatry Fellowship. If he successfully completes the program, prosecutors will dismiss all charges against him, including three counts of attempted murder.
In imposing the sentence, Jakubowski said Patel was “by all accounts a kind and loving” person and would be better off living at home and receiving treatment rather than awaiting trial in a prison cell.
“He wishes to continue his psychiatric treatment,” Judge Jakubowski said in imposing the sentence. “I believe the court recognizes the importance of him being open.” He also appears to have a strong support system in place to help him recover, the judge added.
Patel was ordered to appear in court on July 1 to discuss his release. Until then, he will be held without bail in the San Mateo County Jail.
The judge said before Patel is released she must undergo a two- to three-week “bridge” programme, which will include regular medical checks to ensure her release from prison goes smoothly.
If the judge ultimately approves his release, Patel will be barred from contact with his wife and children under a protective order signed by the judge. He will also be required to wear a GPS device and will not be able to leave San Mateo County except to receive medical treatment. He will not be able to undergo any medical procedures while in the program.
Patel sat in court Thursday in a red-orange prison uniform and appeared to wipe tears from his cheeks after the verdict. Members of his family hugged each other in the courtroom. After the verdict, one relative said he was “pleased with the outcome,” but declined to be named. Other family members declined to comment.
Ms Patel’s lawyer, Joshua Bentley, declined to comment after the hearing.
The judge’s decision capped a three-day hearing in April and May that included a challenge to opinions about Mr Patel’s mental state and an impassioned plea from his wife, a radiologist, that “we need him in our lives”.
Patel was indicted on three counts of attempted murder in early 2023 after prosecutors allege the Southern California radiologist drove his family’s Tesla off Highway 1 and down a 330-foot cliff onto the rocky shore north of Half Moon Bay.
Psychologists later testified that the accident appeared to have been a desperate attempt by Dr. Patel to kill his family. The radiologist thought it would be better for his children, ages 4 and 7 at the time of the accident, to die than to be forced into sex trafficking by a mysterious kidnapper with ties to suspected sex trafficker Jeffrey Epstein. His fears were all rooted in delusions, which also had links to the country’s fentanyl crisis and the war in Ukraine, according to court testimony.
But exactly what caused his psychosis was a subject of intense debate among the clinicians who examined him.
In the weeks and months after the accident, multiple psychologists diagnosed Mr. Patel with severe depression, with one clinician basing his diagnosis on 18 tests he administered and multiple conversations with him and his siblings.
Yet another psychologist – the only clinician called to testify by the prosecution – argued that Patel suffered from schizoaffective disorder. This new diagnosis came just days before Patel’s trial was to begin, raising concerns that she was not receiving proper treatment and was not ready for release.
“The scariest thing is that no one saw this coming,” San Mateo County Deputy District Attorney Dominic Davis said last month in arguments against Patel’s release, noting that Patel appeared to be “able to hide his symptoms,” which “exponentially increases his risk.”
“Ultimately, with a mental health diversion, we would not have the capacity to act in time if Ms Patel were to become confused and suffer a psychotic episode again,” she added.
On Thursday, Judge Jakubowski expressed skepticism about the idea that Patel was suffering from anything other than severe depression.
The prosecutors’ portrayal was at odds with an emotional plea from Mr Patel’s wife, who argued that “without him we are not a family.” In pleading for her husband’s release, Neha Patel stressed that she would “not hesitate to seek help if necessary” under a treatment plan that relies in part on Dharmesh Patel’s family reporting any signs of further mental instability to the court.
“No witnesses have testified that Mr Patel poses any risk to the community,” Bentley added at last month’s hearing. Frankly, he said, the doctor is “a decent person with no criminal record.”
To be eligible for a diversion program, a defendant must have been diagnosed with a mental illness that is directly related to the charge, and the mental illness must be treatable within the duration of the diversion program. Diversion programs last two years for felonies and one year for misdemeanors.
People accused of serious crimes like murder are not eligible for the program, but Patel is eligible because he has been charged with attempted murder and other offenses.
