Mental health diversion for driver accused of killing Oakland teacher denied

The man accused of fleeing California Highway Patrol officers, crashing his car, and killing Marvin Boomer, a Castlemont High School teacher, will not be released from jail before trial, a judge ruled Tuesday.

At a pretrial hearing at the Wiley Manuel Courthouse in Oakland, Judge Elisa Della Piana denied 19-year-old Eric Hernandez Garcia’s request for mental health diversion. Under state law, mental health diversion allows people facing criminal charges to undergo mental health treatment instead of being prosecuted in the traditional criminal court system.

“I don’t think you intended harm to another person,” Della Piana told Hernandez Garcia. “I think you made rash decisions here and didn’t realize the consequences.”…

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