California Suspect Released on ‘Mental Health Diversion’ 6 Months Before Alleged Murder

The Sacramento County Sheriff blames the mental health diversion for the fatal stabbing.
California Suspect Released on ‘Mental Health Diversion’ 6 Months Before Alleged Murder
A Sacramento County Sheriff's Department officer looks on near a crime scene in Sacramento, Calif., on Feb. 28, 2022. Andri Tambunan/AFP via Getty Images
Kimberly Hayek
Updated:
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A man died after being stabbed May 18 in a Sacramento parking lot, allegedly by a suspect who had been released from jail under a California State law that allowed him to be granted a mental health diversion instead of prison time.

Investigators said Jordan Murray, 25, and others got into a fight with the victim, identified only as a 40-year-old man. The victim initially walked away, but shortly after encountered Murray again, who then allegedly fatally stabbed him in the chest.

Murray was arrested and booked into Sacramento County Main Jail. He was scheduled to appear in court on May 22.

According to Sacramento County Sheriff Jim Cooper, the murder wouldn’t have happened if Murray hadn’t been released from prison in the first place.

“The victim was fatally stabbed because California law decided ‘diversion’ for this violent offender mattered more than an innocent victim’s life,” Cooper said in a post on the social media platform X on May 21. “That ‘second chance’ turned into someone else’s death sentence.”

Murray has a rap sheet in the state.

In May 2024, he robbed a Dollar Tree, during which he sprayed an employee in the face with an unknown caustic chemical before fleeing, according to the sheriff’s department.

A month later, Murray robbed another local area business in Fair Oaks, in which he again sprayed an employee in the face with the mystery caustic chemical, before stealing an electric bike, officials said.

In November 2024, Murray received a court-granted mental health diversion for the violent felony charges and was subsequently released from custody, just six months before the alleged murder.

According to Cooper, the mental health diversion is being abused.

“The law was supposed to be a compassionate alternative for non-violent offenders,” he wrote in a post on social media platform X. “However, it’s become a loophole for career criminals, serving as a ‘get out of jail free’ card.”

He also said it’s too easy to obtain.

“To be granted mental health diversion, a violent offender only has to obtain a diagnosis from a mental health counselor, not a doctor,” the sheriff stated. “And, they can get the diagnosis after they have committed their crime.”

The California law in question refers to the state’s expanded Mental Health Diversion law, which lowered the requirements for what falls under mental health disorder, and who can give that diagnosis, according to San Diego Deputy District Attorney Matt Greco.

“Californians would be surprised at the scope of mental health diversions being applied,” Greco recently told EpochTV’s “California Insider.” “Even if you’ve committed an attempted murder, if you’ve committed a robbery, if you’ve committed an assault, if you’ve stalked somebody.”
Under current code, only murder, voluntary manslaughter, and sexual crimes are not eligible for mental health diversion. Defendants must have been diagnosed or treated within the past five years for any disorder, including substance abuse, except for antisocial or borderline personality disorder and pedophilia, by a qualified mental health expert, which according to Greco, could include a family counselor, therapist, or social worker.

In 2018, Assembly Bill 1810 established mental health diversion for defendants facing misdemeanor and felony charges. Instead of jail time, eligible defendants could enter a treatment program, and after it was deemed successful, could have their case dismissed.

The law was amended in 2023, and it no longer requires proof that the disorder caused the defendant to commit the crime. The onus is now on the prosecution to prove otherwise.

Greco says the revision essentially removed the ability of judges to use their own discretion.

“Because of all of these presumptions that the legislature has put into the system and really removed the discretion, courts don’t feel like they can actually examine and peel away and look at it and say, ‘Does that make sense?’”

According to a 2024 report by the Council of State Governments Justice Center, in collaboration with the California Department of Corrections and Rehabilitation’s Council on Criminal Justice and Behavioral Health, diversion programs can offer benefits to those with mental health issues.

“Diversion programs enable participants to access necessary treatment and supports, stabilize in the community, and work toward their recovery. Participation in diversion has also been shown to reduce the risk of recidivism for people with mental health needs,” states the report.

However, “more transitional treatment continuums from jail to the community are needed,” according to the report, among other recommendations.

A 2020 RAND study estimated that 61 percent of the Los Angeles County jail population could be eligible for mental health diversion.
In 2023, 4,687 mental health diversion petitions were granted—up from 3,086 in 2022, according to data from the Judicial Branch of California. In the first quarter of 2024 alone, 1,478 petitions were granted.
Kimberly Hayek
Kimberly Hayek
Author
Kimberly Hayek is a reporter for The Epoch Times. She covers California news and has worked as an editor and on scene at the U.S.-Mexico border during the 2018 migrant caravan crisis.