(KRON) — The fate of Dharmesh Patel, the doctor who drove his entire family over a cliff at Devil’s Slide, will soon be decided by a San Mateo County judge.
On Friday morning, prosecutors and defense attorneys will deliver closing arguments at Patel’s Mental Health Diversion Court hearing.
The unique case hinges on what kind of mental health crisis the father was suffering from when he veered off Highway 1 on January 2, 2023 with his wife, 7-year-old daughter, and 4-year-old son inside their family’s Tesla. The Tesla plunged 250 feet over a cliff and crashed on a rocky beach below.
Rescuers pulled the family out of the mangled car and used a helicopter to airlift the victims to hospitals. (Video of the rescue can be viewed in the video player above.)
Miraculously, everyone survived. Patel’s children suffered moderate injuries, while his wife suffered a severe spinal injury. California Highway Patrol officers at the scene said Patel’s wife screamed about how her husband intentionally drove off the cliff, and officers arrested Patel.
Prosecutors charged Patel with three counts of attempted murder, one count for each family member. On Day 2 of testimony last week, Patel’s wife appeared via a Zoom livestream in court and spoke to the judge for 10 minutes. The wife pleaded with Judge Susan Jakubowski to allow her husband to return home so their family could be reunited.
District Attorney Stephen Wagstaffe told KRON4, “She said the children miss him. She did not want her husband to be prosecuted. She asked the judge to please just send him home, and effectively dismiss the case.” Patel has remained in jail for more than a year without bail.
Wagstaffe said the attempted murder case is also a domestic violence case. In San Mateo County domestic violence cases, between 75-80 percent of victims of relationship violence “gradually don’t want it to go forward,” Wagstaffe said.
The wife refused to talk to the District Attorney’s Office and help with the investigation, according to the DA’s Office.
After this week’s hearing concludes, the judge could divert Patel’s case out of criminal court and into a mental health treatment program. If the judge rules in favor of the defense, Patel will be freed from jail immediately, and once he completes a two-year program, his record will be cleared.
Prosecutors argue that Patel is not only a danger to his family, he could also pose a danger to the public if he slipped back into a psychotic state while driving.
The difference between standing trial for attempted murder, or mental health diversion, “is major,” Wagstaffe explained. Without a criminal conviction and prison sentence, “there’s no accountability,” he told KRON4.
Patel’s defense team argues that the father was suffering from major depressive disorder when he drove over the cliff. Psychiatrist Dr. James Armontrout and psychologist Dr. Mark Patterson testified in court last week that they diagnosed Patel with major depressive disorder, his disorder was currently in remission, and he is suitable for a treatment plan with medication that will keep him from repeating criminal acts.
Patel’s family members testified that they saw a difference in him in during the holiday season of 2022. Patel, his wife, and their children had traveled from their Pasadena home to the Bay Area to visit extended family for the holidays. During the trip, Patel “seemed very worried and concerned about everything in life. He felt like the world was caving in,” Wagstaffe said.
The father expressed paranoid thoughts. Patel feared that he may die, and once he was gone, his children could be sold by human traffickers, according to testimony.
Prosecutors called Dr. Yan Chan to the stand to testify as their expert witness. Chan disagreed with the Patterson and Armontrout’s diagnosis. Chan testified that he interviewed Patel for several hours and diagnosed the father with schizoaffective disorder.
If Judge Jakubowski rules that Patel is unsuitable for mental health diversion, he will remain in jail without bail, and his criminal case will move forward to a preliminary hearing. Patel could face decades behind prison bars if he is convicted of three attempted murders.
“There are big stakes on the table,” Wagstaffe said. The district attorney noted that the high-profile case is being watched by many legal experts and state lawmakers.
Closing arguments are scheduled to begin at 9 a.m. Friday in the San Mateo County Hall of Justice in Redwood City.
