The California doctor who is accused of purposely driving his Tesla off a 250-foot cliff with his family inside has asked a court to give him a mental health diversion.
Lawyers claim Dharmesh Patel – who plummeted his family off Devil’s Slide in Pacifica while his wife and two kids were with him – has major depressive disorder.
In California, a mental health diversion allows a defendant to seek treatment and potentially have their charges fully dismissed if they complete their program.
It is the latest attempt by Patel, 42, and his legal team to avoid serious consequences as he had previously pled not guilty, claiming his Tesla had tire issues.
At the time of the January crash, Patel’s wife told first responders that he had done so on purpose. Patel, his wife, and their two children all survived.
Dharmesh Patel, the California doctor accused of purposely driving his Tesla off a 250 foot cliff with his family inside, has asked a court to give him a mental health diversion
At the time of the January crash, Patel’s wife, Neha Patel, told first responders that he had done so on purpose. Patel, his wife, and their two children all survived
Patel plunged his family 250 feet off Devil’s Slide in Pacifica, California on January 2
The Southern California radiologist and his attorney made the announcement Friday during a hearing in San Mateo County, District Attorney Steve Wagstaffe said.
If the mental health diversion is granted, he would have to provide evidence of a history or a diagnosis with the mental health disorder that connects to the crime.
The diversion is part of a new statewide program that is focused on preventing defendants with mental illness from being incarcerated.
The illness must be treatable within the duration of the diversion which would be two years in Patel’s case since he is facing felony charges.
Defendants facing misdemeanor cases have a one-year duration for the treatment. At a July 31 hearing, a judge will lay out the process for him to seek rehabilitation.
The process can take months, the Mercury News reported, and hundreds of people apply for the program each year in San Mateo County.
Wagstaffe said the majority of requests for the diversion are granted.
If the mental health diversion is granted, Patel (pictured) would have to provide evidence of a history or a diagnosis with the mental health disorder that connects to the crime
Patel is speculated to have performed a sharp turn before reaching the Tom Lantos Tunnel, which is where the Tesla veered off the road, first onto a dirt area and then down the cliff
Neha Patel, the doctor’s wife, told investigators after the crash that her husband was depressed and that he had stated his intention to plummet the group.
Court records show Neha, 41, 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 backed that story up and said that they did not see the car attempt to stop as it flew off the cliffside and down on to a rocky beach.
Patel survived with only minor injuries to his leg and foot while Neha had more serious injuries from the crash.
The couple’s seven-year-old child was seriously injured and their four-year-old made it out with just bruises. Both children were released from the hospital within weeks.
The radiologist had initially claimed that he was not guilty and that his Tesla had been experiencing tire issues on the day of the crash.
He said he had stopped three times at gas stations to put air in the tires and that the tire pressure light had turned on just before they went off the cliff.
Dharmesh Patel stands in an orange jumpsuit in a San Mateo County courtroom
Neha Patel (pictured) told investigators after the crash that her husband was depressed and that he had stated his intention to plummet the group
In June, the doctor was banned from practicing medicine after being called ‘an alarming danger to the public,’ by the medical board.
The ban – as of July 9 – is not permanent and could be revoked if he is released.
Patel has been in the custody of the San Mateo County’s Maguire Correctional Facility since his arrest.
At the time, the Mercury News reported that the Medical Board of California successfully applied to ban him from practicing medicine if he is released on bail.
Regulators argued that the ban was necessary because Patel had an ‘impairment of cognitive abilities needed to safely practice medicine.’
In a statement issued on Friday to the Mercury News, the medical board said Patel could not practice ‘under any circumstances’ with the case still open.
‘The prohibition on practicing medicine will continue until the order is modified by the court or the criminal case against him concludes,’ the statement read.
Despite Neha’s insistence that her husband intentionally drove their family off a cliff, Patel’s defense attorney said that she did not want her husband prosecuted.
The lawyer’s statements were rebuffed by Wagstaffe who said that Neha’s statements following the crash support the attempted murder charges.
‘She said very simply this was not an accident. We do believe the evidence establishes the necessary intent to kill,’ Wagstaffe told the San Francisco Chronicle.
Patel has limited time with his family as the legal proceedings continue. He is next scheduled to go before a judge in San Mateo County on July 31.
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