Suspected driver who nearly killed cyclist in Sacramento seeks mental health diversion
There's another roadblock in seeking justice for a woman who was hit and nearly killed while riding her bike in Sacramento.
The crash happened at J and 24th streets in midtown in August 2023.
CBS News Sacramento first spoke with the victim, Sherry Martinez, when she was in her hospital bed recovering with four broken ribs, a broken collar bone, a concussion, a collapsed lung and a bruise on her thigh that still has not gone away.
The suspected driver, Kaleb Taubman, was not officially charged with felony assault with a deadly weapon and a hit-and-run until late 2024.
Martinez said Taubman tried to plead it was a misdemeanor and now he is claiming he had a mental health disorder that caused him to hit Martinez while she was on her bicycle.
"All this energy and time we have put in to get justice and it's just going down the drain," Martinez said.
Martinez calls this a get-out-of-jail-free card.
"Driving is a privilege, not a right," said Martinez. "You shouldn't be able to just hit people and not have consequences or be held accountable in any way."
Attorney Jusin Ward, who is not related to this case, said people have long been found not guilty by reason of insanity. He said this program is a similar version, but it happens before trial, significantly saving court resources and time.
"For people who believe that suspects or defendants could be gaming the system, they have to have a diagnosis from a trained, qualified medical professional," said Ward.
The mental health diversion program covers 300 disorders, ranging from anxiety to neurological conditions.
A judge must grant them mental health treatment for around one to two years, with court check-ins every few weeks. Only then will they avoid jail and their charges will be dismissed.
"If they don't comply, they will be convicted or they will have to face the charges in trial," Ward said.
Sacramento County District Attorney Thien Ho calls the mental health diversion program "a dangerous loophole in our criminal justice system, turning accountability into a mockery."
Violent offenders, who commit attempted murder and child abuse, are exploiting this program and getting let off. Time and again, we see defendants gaming the system instead of facing justice."
Taubman is currently out on bail but is scheduled to be back in court on February 9.
Martinez said she hopes lawmakers will hear her plea to change this law that she feels is blocking justice in her case.