Driver charged in Marvin Boomer death will ask to exit jail for mental health care

On the Wiley W. Manuel Courthouse in Oakland, the legal professional representing Eric Scott Hernandez Garcia, the 18-year-old metropolis resident charged with manslaughter within the dying of instructor Marvin Boomer in a hit-and-run crash final Might, mentioned he would request a psychological well being diversion for his shopper.

If the courtroom approves the appliance on the subsequent listening to on January 27, Hernandez Garcia will probably be launched from jail and positioned in a psychological well being program, the place he’ll stay beneath home arrest or probably be positioned in a separate facility.

Underneath California criminal codea plea for psychological well being diversion may embrace a analysis of a psychological dysfunction “together with, however not restricted to, bipolar dysfunction, schizophrenia, schizoaffective dysfunction, or post-traumatic stress dysfunction,” based on the legislation. Martin Cavares, Garcia Hernandez’s legal professional, didn’t specify what psychological well being analysis his shopper acquired.

“A courtroom might take into account any related and credible proof, together with, however not restricted to, police studies, transcripts of preliminary hearings, witness statements, statements of the defendant’s psychological well being practitioner, medical data, data or studies of certified medical consultants, or proof that the defendant exhibited signs in step with the related psychological dysfunction at or in regards to the time of the crime,” the legislation says.

The well being diversion movement must argue that Hernandez Garcia doesn’t represent a danger to public safety.

The Oaklandside contacted Cavares after the listening to to ask if the psychological diversion submitting signifies he’ll search to have Hernandez Garcia declared incompetent to face trial. The lawyer mentioned his purpose “at this level” was to deliver him to a preliminary investigation.

A collision after a CHP chase

On Might 28, Hernandez Garcia was contacted by the California Freeway Patrol due to a seizure order for the automobile from a earlier case of reckless driving. In accordance with the CHP, officers briefly pursued Hernandez Garcia after which retreated, permitting a single-wing plane to observe from the air. In accordance with the CHP, Hernandez Garcia continued to drive for the subsequent couple of minutes, rushing onto the freeway, crashing right into a truck close to Park Boulevard and ultimately shedding management of his automobile on E. twenty first Road, crashing into a fireplace hydrant that then fatally struck Boomer, who was strolling together with his accomplice Nina Woodruff. Boomer was a beloved instructor at Castlemont Excessive College.

Hernandez Garcia, carrying an orange jumpsuit and with shoulder-length hair, listened intently within the courtroom Thursday as his legal professional spoke in regards to the case earlier than Choose David Pereda.

Cavares instructed the courtroom he had not but filed a request for the psychological well being diversion, however would achieve this within the coming week. Alameda County District Legal professional Marisa Tagliareni mentioned the county would object to the diversion request and file an attraction.

Tagliareni famous that members of Dr.’s household. Boomer, together with his sister Tynesha and his accomplice Woodruff, attended by way of Zoom, as did the Boomer household legal professional, Michelle Bernard. Final month, Bernard instructed The Oaklandside that the household deliberate to sue town and state for negligence, together with the CHP for instigating the chase that led to the East Oakland tragedy.

Hernandez Garcia’s sister and different members of the family attended the listening to in particular person. They then spoke with Cavares within the hallway outdoors the courtroom, the place the lawyer offered them with a letter from Hernandez Garcia. They refused to speak to us as a result of they had been involved about their privateness.

Cavares instructed us that, after session with a medical professional, the place of the household and his authorized representatives was that Hernandez Garcia “was having a psychological well being disaster and that this affected his decision-making.”

Cavares mentioned that if his proposal prevails, his shopper may find yourself in a residential facility or in “some sort of formal, full therapy program the place he can dwell at house and be handled.”

The Oaklandside requested Bernard in regards to the Boomer household’s response to the deliberate psychological well being diversion request. She didn’t reply instantly.