Repeat offender in deadly New Year's Eve crash seeks diversion, sparks outcry

Outrage in SF as repeat offender in deadly NYE crash seeks drug diversion

Protesters gathered outside San Francisco?s Hall of Justice to oppose a potential drug diversion for Troy McAlister, a repeat offender charged in a 2020 New Year?s Eve crash that killed two women.

SAN FRANCISCO - A repeat offender charged in a deadly New Year’s Eve crash that killed two women in downtown San Francisco may avoid trial through a court-supervised drug diversion program; a possibility that has sparked public outrage and renewed debate over criminal justice reform.

The backstory:

Troy McAlister is charged with vehicular manslaughter and other crimes.

Authorities say he was high on meth and alcohol, driving a stolen car, when he ran a red light and fatally struck Hanako Abe and Elizabeth Platt in a crosswalk on December 31, 2020. 

He was on parole at the time and has a long criminal history.

What they're saying:

Protesters rallied outside the Hall of Justice on Friday, urging Superior Court Judge Michael Begert, who oversees Drug Court, not to grant diversion, which allows certain defendants to avoid prosecution by completing a treatment program.

"Troy McAlister has been charged with 91 felonies over the course of his multi-decades career here in San Francisco, and we don't think that someone should be given infinite chances to ultimately correct course," said Scotty Jacobs, director of Blueprint for a Better San Francisco. "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 group credited District Attorney Brooke Jenkins with restoring a focus on public safety after the 2022 recall of former DA Chesa Boudin, who faced criticism for being too lenient on repeat offenders.

In a statement to KTVU, Deputy Public Defender Scott Grant said: 

"I want to acknowledge that this is an extremely tragic case. Mr. McAlister and I both offer our sincere condolences to the families of Ms. Abe and Ms. Platt, and I assure you that Mr. McAlister mourns for them and their families every day. He remains open and willing to apologize to the families for his part in their loved ones’ deaths.

We have always believed that this case was overcharged, and we have always intended to seek diversion. We were waiting to file a motion for diversion until after the preliminary hearing because we would have had a better idea of what charges remained after a judge reviewed evidence and testimony. However, instead of having a preliminary hearing in March, the District Attorney’s Office assembled a secret grand jury where the defense was not present and therefore I did not get to question any of the evidence or cross-examine any of the witnesses. I am still waiting to receive the full transcript from the grand jury, which has only been turned over in part. 

We cannot proceed to trial without having received and reviewed that transcript in full. For now, we are seeking the court’s consideration and approval for diversion.

Study after study shows that targeted, heavily supervised treatment programs like the kind offered via diversion are less expensive and promote long-term safety far more than incarceration."

Critics argue San Francisco’s courts have abused diversion policies. 

"There’s essentially no consequences to committing felonies in San Francisco," said Lily Ho of the city’s Democratic Party. "Public safety has been a priority in San Francisco for the last several years... and without a properly working criminal justice system in the courts, we have no public safety."

What's next:

McAlister’s hearing was delayed until October 28. 

Protesters say they’ll return, hoping to block diversion in a case that highlights the ongoing debate over balancing reform with accountability.