Mental Health Diversion Erases Attempted Murder Charges in Dramatic Bay Area Case

A radiologist’s family survived what one official called an“absolute miracle”in January 2023 when Dharmesh Patel drove his Tesla off a 250-foot cliff along the Pacific Coast Highway in San Mateo County. Now, after completing a rigorous two-year mental health treatment program, all attempted murder charges against him have been dismissed—and his record will be wiped clean.

This case sits at the explosive intersection of criminal justice, mental health policy, and what prosecutors see as a dangerous loophole. Patel, 45, was charged after the crash that injured his wife and two young children. In 2024, a judge determined he qualified for California’s mental health diversion law, which allows defendants with serious mental illness to opt for treatment instead of trial. Patel had been experiencing major depression with hallucinations and harbored delusions that his children would be trafficked by kidnappers, according to prosecutors.

Here’s where things get contentious. San Mateo County District Attorney Steve Wagstaffe opposed the diversion decision, arguing that attempted murder should be off-limits for this type of intervention.“If the person who’s given mental health diversion follows the treatment plan, there’s nothing that can be done and at the end of the two years he gets it wiped out of his record,”Wagstaffe said. The law, which took effect in 2023, essentially mandates that judges dismiss charges once treatment is complete—leaving prosecutors with no discretion.

Patel’s path through the system was closely monitored. He spent time in jail before moving in with his parents in San Mateo County, where he wore a GPS bracelet, surrendered his driver’s license and passport, and checked in with the court weekly. He underwent outpatient treatment with a Stanford psychiatrist and family therapist. His wife eventually testified that she’d forgiven him and that their children, who were 4 and 7 at the time of the crash, missed their father.

After Monday’s dismissal, Patel walked out of the courtroom with his wife waiting for him in the gallery. The Medical Board of California had barred him from practicing medicine during the case, and he surrendered his California medical license in December. Meanwhile, Wagstaffe and other California district attorneys are working with lawmakers to amend the law—they want attempted murder excluded from eligibility.“We’ll try again in the future,”Wagstaffe said.“We’re not giving up.”

The case raises urgent questions about how far mental health diversion should extend, and whether public safety concerns should override rehabilitation potential, even in cases involving violence.