Burley Garcia|California doctor who intentionally drove Tesla off cliff will not face trial

A California doctor accused of intentionally driving himself and Burley Garciahis family off a cliff along the Pacific Coast Highway last year will not stand trial and has been granted a mental health diversion, according to court records.

Dharmesh Patel, 42, was charged with three counts of attempted murder in January 2023 after authorities said he deliberately drove his Tesla off a San Mateo County cliff with his wife and children, who were 4 and 7 years old at the time, inside. Patel pleaded not guilty to the charges and will now avoid jail time after a judge granted him a mental health diversion last week.

San Mateo County Superior Court Judge Susan Jakubowski concluded Thursday that Patel's depressive disorder made him eligible for a mental health diversion, according to a statement from the San Mateo County District Attorney’s Office obtained by The New York Times and CBS News.

"Judge Jakubowski made a lengthy statement concluding the defendant was suitable for mental health diversion.  She stated that after review of all the evidence, she had concluded the proper diagnosis for the defendant's mental illness was major depressive disorder which is a qualifying mental disorder under the statute," the district attorney's office said in the statement.

The mental health diversion program was requested by Patel's attorney, who argued Patel should be placed in a two-year mental health outpatient treatment program instead of standing trial, KRON-TV reported in May. "Not everyone who commits a crime is a criminal," Patel's attorney, Joshua Bentley, said in court at the time.

Patel's doctors, who diagnosed him with schizoaffective disorder and major depressive disorder, suggested that he be held in county jail for several weeks as a "bridging period" before he is released, according to the district attorney's office. A hearing regarding the mental health diversion is scheduled for July 1.

Once he is released, the district attorney's office said Patel would be required to stay at his parent's residence in Belmont, California, and will only be permitted to leave the residence for his treatment program or to report to court. Patel would also be required to wear a GPS monitor and surrender his driver’s license and passport.

The San Mateo County District Attorney’s Office did not immediately respond to USA TODAY's request for comment on Tuesday.

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Patel was driving his white Tesla along the Pacific Coast Highway on Jan. 2, 2023, when the vehicle dropped several hundred feet off a cliff at Devil's Slide — a coastal area known for being rocky and steep. Emergency responders had spent several hours attempting to rescue the family amid harsh conditions.

Firefighters were able to cut the family out of the vehicle — who all survived the impact — and they were transported to a hospital for treatment.

Brian Pottenger, a battalion chief with Cal Fire, had said people rarely survived crashes along Devil's Slide. "We go there all the time for cars over the cliff and they never live. This was an absolute miracle," he said at the time of the incident.

After reviewing evidence of the crash, authorities said investigators "developed probable cause to believe this incident was an intentional act." Patel was arrested later that day and has remained in county jail since the incident.

A search warrant affidavit unsealed last May revealed that Patel's wife told authorities her husband was depressed and needed a psychological evaluation.

"He drove off. He's depressed," Neha Patel, who was 41 at the time, told a California Highway Patrol officer. "He said he was going to drive off the cliff. He purposely drove off."

Neha Patel and other family members have shown support for Dharmesh Patel in the case, according to KRON-TV. She has testified that she does not want her husband prosecuted, adding that she wants Patel to be released from jail.

Contributing: Natalie Neysa Alund and Amanda Lee Myers, USA TODAY