The California doctor accused of deliberately driving his Tesla off a 75-foot cliff with his family inside has asked a court to give him a mental health distraction.
Lawyers claim that Dharmesh Patel – who crashed his family from Devil’s Slide in Pacifica while his wife and two children were with him – has a major depressive disorder.
In California, a mental health distraction enables a suspect to receive treatment and they may have their charges completely 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 pleaded not guilty, claiming his Tesla had tire problems.
At the time of the January crash, Patel’s wife told first responders that he had done this on purpose. Patel, his wife and their two children all survived.
Dharmesh Patel, the California doctor accused of deliberately driving his Tesla off a 75-foot cliff with his family inside, has asked a court to give him a mental health distraction
At the time of the January crash, Patel’s wife, Neha Patel, told first responders that he had done this 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 Jan. 2
The Southern California radiologist and his attorney made the announcement Friday at a San Mateo County hearing, District Attorney Steve Wagstaffe said.
If the mental health distraction is allowed, he would have to provide evidence of a history or diagnosis with the mental disorder related to the crime.
The diversion is part of a new statewide program aimed at preventing the incarceration of defendants with mental illness.
The disease must be treatable within the duration of the diversion, which would be two years in Patel’s case, as he faces felony charges.
Defendants facing felony cases have a one year term for hearing. At a hearing on July 31, a judge will outline the procedure for him to seek rehabilitation.
The process can take months, the Mercury News reported, and hundreds of people enroll in the San Mateo County program each year.
Wagstaffe said most diversion requests are granted.
If the mental health distraction is allowed, Patel (pictured) would have to provide evidence of a history or diagnosis with the mental disorder associated with the crime
Patel is said to have made a sharp turn before reaching the Tom Lantos tunnel, where the Tesla went 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 had declared his intention to plummet the group.
Court records show Neha, 41, telling a California Highway Patrol officer, “He’s a doctor. He said he was going to drive off the cliff. He drove away on purpose.’
Witnesses backed up that story, saying they didn’t see the car trying to stop as it flew off the cliff onto a rocky beach.
Patel survived with only minor injuries to his leg and foot, while Neha suffered more serious injuries from the crash.
The couple’s seven-year-old child was seriously injured and their four-year-old escaped with bruises. Both children were released from the hospital within weeks.
The radiologist had initially claimed he was not at fault and that his Tesla had tire problems on the day of the crash.
He said he stopped three times at gas stations to pump air into the tires and the tire pressure light came 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 had declared 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 – from July 9 – is not permanent and could be lifted if he is released.
Patel has been in custody at San Mateo County’s Maguire Correctional Facility since his arrest.
At the time, Mercury News reported that the Medical Board of California had successfully filed an application to ban him from practicing medicine if he is released on bail.
Regulators argued the ban was necessary because Patel had a “impairment of the cognitive skills necessary to practice medicine safely.”
In a statement released Friday to Mercury News, the medical board said Patel could “under no circumstances” practice while the case was still open.
“The prohibition to practice medicine will remain in place until the order is changed by the court or the criminal case against him is completed,” the statement said.
Despite Neha’s insistence that her husband deliberately drove their family off a cliff, Patel’s attorney said she did not want her husband prosecuted.
The lawyer’s statements were rejected by Wagstaffe, who said Neha’s statements after the crash support the attempted murder charges.
“She said very simply that this was not an accident. We believe the evidence demonstrates the necessary intent to kill,” Wagstaffe told the San Francisco Chronicle.
Patel has limited time with his family as the court proceedings continue. He will next appear before a judge in San Mateo County on July 31.