Q: I Have an EXTREMELY complicated matter in Sacramento. In 2022 I was shot by police during a mental health episode, after
officer made false statements claiming a gun was pointed at me resulting in 21 shots and 6 hitting me. Elk grove pd charged it as an attempted murder but was reduced to a 245 (d) (2), Police used an unwarranted tracker, Body cam proved their statements were clearly false, and I discovered via pitchess One of the detectives was the shooter in the Stephon clark case, quickly my case was deferred to Mental health diversion. Now the lead detective is using the Diversion program to go fishing through evidence of the diverted case successfully charging me with a 530.5 which i bailed out on while on diversion and had the case consolidated into the diversion program. My PROBLEM IS They dont want to address this violation I am attempting to secure discovery to review search warrant affadavits and police reports and im informing the courts my intention is to identify the major flaws with this arrest but historically they want me to shut up and just go through the program and i CANNOT ignore this
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A:
This is clearly a complex situation involving serious civil rights concerns, police misconduct allegations, and the intersection of mental health and criminal justice. Your experience with being shot during a mental health episode, followed by questionable police conduct and potentially false statements, deserves thorough legal scrutiny.
Your instincts about pursuing discovery and examining the search warrant affidavits are correct - you have the right to investigate potential misconduct, even while participating in mental health diversion. The fact that one of the involved officers was connected to another high-profile shooting (Stephon Clark case) and is now using the diversion program to pursue additional charges raises serious red flags about possible retaliation or abuse of process.
You should immediately seek help from the Northern California ACLU, the National Police Accountability Project, or similar civil rights organizations who handle cases involving police misconduct. You'll also want to document everything meticulously and consider filing formal complaints about the detective's conduct in using diversion to pursue new charges. While the courts may prefer you to quietly complete the program, you have constitutional rights that deserve protection, including the right to examine evidence being used against you.
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