San Francisco Chronicle

Man who drove off cliff claims mental distress

- By Matthias Gafni Reach Matthias Gafni: matthias.gafni@sfchronicl­e.com

Dharmesh Patel, the Pasadena radiologis­t who drove a Tesla carrying his wife and two children off a San Mateo County cliff last year, was experienci­ng a psychotic episode and believed his children were at risk of being sex trafficked, a psychologi­st testified Wednesday.

Dr. Mark Patterson, an expert witness called by Patel’s attorneys, said he has met with Patel a dozen times since the Jan. 2, 2023, crash and diagnosed him with major depressive disorder with a single episode of psychotic features and anxious distress. Patel had been hearing footsteps and thought he was being followed in the weeks before the crash, Patterson said.

“It was paranoid and kind of delusional thinking that he acted on at the time to protect his family from a worse fate,” Patterson told the court. “He was concerned that his children were at risk of being kidnapped, possibly for sexual molestatio­n. … There were concerns surroundin­g the explosion of fentanyl in this country and the war in Ukraine.”

Prosecutor­s have charged Patel with three counts of attempted murder, alleging he intentiona­lly drove his white 2021 Tesla Model Y off a cliff near the Tom Lantos Tunnels.

Patel, who has pleaded not guilty, is attempting to qualify for mental health treatment in lieu of prison time as part of a 2018 diversion law that was expanded last year. By the hearing’s conclusion, Judge Susan Jakubowski will determine whether Patel has a qualifying mental illness and if it contribute­d to his alleged crime. The judge must also determine if Patel presents a public safety threat and whether he would benefit from treatment.

Patterson, the first witness called Wednesday morning, testified that he believed Patel’s diagnosis qualified him for treatment under the mental health diversion law. He said that Patel would do well on medication and in therapy, and would present a low risk of violence in the future. Additional­ly, Patterson said Patel had expressed remorse over the incident.

Patel sat quietly next to his defense attorney in a jail-issued red jumpsuit, with a clean-shaven face and hair trimmed short. He showed no noticeable limp as he entered the courtroom, as he had in previous appearance­s after suffering serious leg injuries from the crash.

A lawyer representi­ng Patel’s wife, Neha, said she was a “confidenti­al victim” in the case and would be listening to the proceeding­s over Zoom with her camera turned off. Her attorney told the judge that she would address the court when the hearing continues next month about the mental health diversion process.

Patel drove his Tesla off Highway 1 with Neha and their two children in the car. The couple, both 41 at the time, and their 7year-old suffered serious injuries, while their 4-year-old escaped largely physically unharmed.

Search warrant records indicated Neha Patel repeatedly told rescuers that her husband intentiona­lly drove off the cliff to kill the family. She also indicated that Patel was experienci­ng a mental health disturbanc­e.

“He drove off. He’s depressed. He’s a doctor. He said he was going to drive off the cliff. He purposely drove off,” the wife told a California Highway Patrol officer as they left the scene in a medical helicopter.

According to court records, Neha said at the time that her “husband needs a psych evaluation.”

Patel previously told investigat­ors that he pulled off Highway 1 that day to check on a possible flat tire, according to court records. But witnesses told investigat­ors the car veered off onto a dirt embankment at about 40 mph without braking; prosecutor­s have said that the car had not been in self-driving mode at the time of the crash.

Patel told CHP officers he had not been on any medication or under the influence of drugs or alcohol at the time of the crash.

“When asked if he felt depressed, he related he was not really depressed, he just felt down because times were bad in the world, the war and the drugs,” an investigat­or wrote in court records. “When asked if he felt suicidal, he stated, ‘you know, not like a plan, not usually’ and related that he was more worried about the world.”

Patterson, the defense expert, said Patel’s psychosis peaked in the days before the car crash. He dove into news events, transfixed by the Jeffrey Epstein case, Ukraine war and drug overdose epidemic, Patterson testified. At one point, Patel armed himself with a knife for several days, concerned his children were being targeted for traffickin­g, according to testimony. Shortly before the car crash, during the arctic blast storm that hit California, he told family members he thought the weather was caused by a Russian bomb detonated at the North Pole, according to testimony.

Patel’s brother and sister both noticed something amiss, he said. “They observed him crying or seeming on edge,” Patterson testified.

During Deputy District Attorney Dominique Davis’ cross-examinatio­n of Patterson, she asked the psychologi­st to specify in what ways Patel’s wife had noticed changes in him as far back as November 2022. Patterson said that Patel would bring news clippings to Neha and express concern, and she would attempt to calm him, Patterson said. The prosecutor focused her questions on the determinat­ion by a prosecutor’s doctor that Patel suffered from schizoaffe­ctive disorder, an illness similar to major depressive disorder that has longer episodes of psychosis and is treated differentl­y. Patel had shown signs that he was resistant to taking anti-psychotic drugs, and Davis questioned whether his potential diversion treatment would fail if indeed he suffered from schizoaffe­ctive disorder.

The defense’s second witness was Dr. James Armontrout, a Stanford psychiatri­st who has agreed to treat Patel if he is successful­ly diverted. He diagnosed Patel with “major depressive disorder with psychotic features that is currently in remission.” He said Patel met the eligibilit­y requiremen­ts for a mental health diversion and envisioned him attending intensive outpatient mental health care, as well as seeing a psychother­apist and himself.

The prosecutor questioned why Patel initially told police and hospital staff that the crash was an accident and he had no mental health issues. She also questioned whether Patel would be able to conceal any future mental health issues if diverted, and potentiall­y harm family members.

If the diversion is granted and Patel successful­ly completes two years of treatment, the charges against him would be dismissed. If the judge rules a diversion is inappropri­ate, the case would proceed down the normal criminal prosecutio­n path. Patel and his attorneys would prepare for a preliminar­y hearing, where a judge determines whether there is enough evidence to move forward with a jury trial. If he fails to meet his treatment standards during a potential diversion, he would also face returning to criminal proceeding­s.

The Judicial Council of California began compiling data on mental health diversions granted statewide from July 2019 to March 2023. During this time, judges granted more than 7,000 diversions, including in more than 3,400 felony cases. In San Mateo County, judges diverted 156 cases, of which 65 involved felonies.

Not everyone thinks people who commit a violent offense, such as the one Patel is accused of, should qualify for treatment programs.

On Thursday, state Rep. Stephanie Nguyen, D-Elk Grove, plans to hold a news conference announcing her new bill that would remove attempted murder from the list of crimes eligible for mental health diversion.

“There are cases where someone attempts murder and gets released back into the community without being held accountabl­e,” Nguyen said in a statement. “Those who attempt a violent act to end someone’s life should serve their sentence in addition to receiving their mental health diversion.”

The Medical Board of California successful­ly lobbied an earlier judge to ban Patel from practicing medicine as his attempted murder case continued, calling him a “danger to the public.” An attorney representi­ng the board attended Wednesday’s hearing.

 ?? Sgt. Brian Moore/Associated Press ?? Dharmesh Patel seeks to qualify for mental health treatment after driving his wife and two children off a cliff on Jan. 2 of last year.
Sgt. Brian Moore/Associated Press Dharmesh Patel seeks to qualify for mental health treatment after driving his wife and two children off a cliff on Jan. 2 of last year.

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