’91 felonies, 2 deaths, No more chances’: California judge wants to put double murderer in rehab instead of prison

A career criminal who allegedly killed two pedestrians during a New Year’s Eve rampage in San Francisco is asking a judge to allow him to enter a drug-treatment program instead of serving decades in prison, a request that has set off a firestorm of protest and debate over California’s progressive criminal justice reforms.

This is the latest development in the case of Troy McAlister, a 50-year-old on parole who is facing a slew of charges, including manslaughter, following the deadly 2020 incident. The legal push came on a Friday when McAlister’s attorney, Scott Grant, formally asked the court to grant mental-health and substance-abuse diversion. This request falls under California Penal Code §1001.36, a law that could let McAlister enter court-supervised treatment if Judge Michael Begert determines he qualifies.

The law was enacted in 2018 to allow certain offenders with a diagnosed mental health or substance-use disorder to go into treatment instead of facing trial. According to Fox, this is provided the judge finds the disorder contributed to the crime and the defendant does not pose a serious public-safety risk.

Criminal who almost has a full 100 felonies may go free

The motion has caused immediate and furious protests outside San Francisco’s Hall of Justice, with community members and the victims’ families calling the diversion request an “insult to justice.” Signs held by protestors summed up the collective anger, reading: “91 felonies, 2 deaths, No more chances” and “Judge Begert chooses politics over public safety. Justice NOW.” Some residents have even gone so far as to threaten a recall of Judge Begert if he grants the request for diversion.

This case has become a lightning rod for the debate surrounding “restorative justice” reform. It forces elected officials and the public to confront the harsh question of whether policies designed to show compassion toward offenders are actually putting the public at risk by putting dangerous, repeat offenders back on the street.

Scotty Jacobs, director of Blueprint for a Better San Francisco, didn’t mince words when speaking to KTVU-TV, pointing out McAlister’s extensive history. “Troy McAlister has been charged with 91 felonies over the course of his multi-decades career here in San Francisco,” Jacobs said. “While there’s certain people who should be granted diversion and ultimately given the opportunity to rebuild their lives, Troy McAlister has demonstrated that despite being given that opportunity multiple times, he has continued to pose a threat to San Franciscans, and we believe he needs to be in jail.”

The event at the center of the case happened on December 31, 2020. Police claim McAlister, driving a stolen car while intoxicated and on a “methamphetamine-fueled rampage,” blew through a red light at an intersection, killing Hanako Abe, 27, and Elizabeth Platt, 60. He was arrested shortly after running into a nearby building following the crash.

The senseless deaths caused an immediate public outcry because critics argued that McAlister should have already been locked up due to his lengthy criminal record. He had previously served five years in county jail for robbing a market with an airsoft gun. His subsequent arrests while on parole (including allegedly stealing cars, busting down a vacant apartment door to use drugs, and grabbing at a driver’s pockets) never resulted in formal charges from the district attorney’s office at the time.