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A career criminal is attempting to exchange prison time for a drug-treatment program nearly five years after his New Year’s Eve rampage in downtown San Francisco allegedly resulted in the deaths of two pedestrians. This case is reigniting heated debate over California’s criminal justice policies.
On Friday, 50-year-old Troy McAlister’s attorney, Scott Grant, appealed to the court for mental health and substance abuse diversion under California Penal Code §1001.36. If granted, this motion could allow McAlister to enter treatment instead of confronting decades of imprisonment, pending Judge Michael Begert’s ruling on his eligibility.
In the deeply progressive San Francisco, residents have rallied to protest what they perceive as an unwarranted leniency.
“91 felonies, 2 deaths, No more chances,” signs proclaimed outside the Hall of Justice. “Judge Begert chooses politics over public safety. Justice NOW,” the demonstrators chanted.
Troy McAlister’s situation has long served as a focal point for discussions on restorative justice reform, prompting elected officials to consider whether compassionate approaches for rehabilitation are compromising public safety.
Protests outside San Francisco’s Hall of Justice have escalated, with community members and victims’ families decrying the diversion request as an affront to justice. Some protesters have even threatened to initiate a recall of Judge Begert if the diversion is approved.
“Troy McAlister has amassed 91 felonies throughout his extensive criminal career in San Francisco,” remarked Scotty Jacobs, director of Blueprint for a Better San Francisco. “We don’t believe he should be granted infinite chances.”
Jacobs emphasized that while many individuals deserve an opportunity for diversion and rehabilitation, McAlister’s repeated offenses signify a continuous threat to the safety of San Franciscans. “He should be in jail,” Jacobs concluded.
On December 31, 2020, McAlister was on parole when he allegedly drove a stolen vehicle while intoxicated, running a red light and causing the deaths of Hanako Abe, 27, and Elizabeth Platt, 60.
McAlister’s lengthy criminal record has raised critical questions about San Francisco’s approach to repeat offenders. Advocates are urging local authorities to reconsider their approach, as the balance between rehabilitation and accountability hangs precariously in the balance.
According to police reports, McAlister crashed into the victims’ unsuspecting vehicle while under the influence during a spree that included stealing from a nearby sandwich shop. Following the crash, he fled the scene but was apprehended minutes later.
Currently, McAlister faces multiple charges, including manslaughter linked to the fatal incident.
The aftermath of the deadly collision has fueled public outrage, particularly among critics who argue that McAlister should have been incarcerated given his extensive criminal history.
McAlister had previously served five years in county jail for robbing a market with an airsoft gun. His record includes a series of arrests while on parole for various offenses, including car thefts and breaking into a vacant apartment building to use drugs.
Despite the frequency of these incidents, the district attorney’s office has not formally pursued charges for many of these offenses.
The emotional and public response to the crash has reignited discussions about the efficacy of current justice policies. The tragedy played a significant role in the 2022 recall of then-District Attorney Chesa Boudin, as critics accused him of enabling criminal behavior by being overly lenient with repeat offenders.
Following the crash that claimed the lives of two individuals, Boudin stated, “Hindsight is 20/20.”
“Every law enforcement agency that has interacted with Mr. McAlister wishes they had made different choices that could have prevented this tragedy,” he reflected.
Under the leadership of current District Attorney Brooke Jenkins, prosecutors are actively opposing the diversion motion initiated by McAlister’s defense team. California Penal Code §1001.36, enacted in 2018, permits certain criminals with diagnosed mental health or substance-use disorders to enter treatment instead of facing trial, provided the court finds that the disorder contributed to the offense and that there is no significant risk to public safety.
The judge has yet to determine McAlister’s eligibility for such treatment. Fox News Digital has reached out to the San Francisco County Superior Court, along with Boudin and Grant, for further comment.
McAlister’s case is emblematic of a worrying trend in which repeat offenders are increasingly returned to the streets instead of facing substantive consequences for their actions. This situation reflects a larger issue within the criminal justice system’s approach toward habitual offenders.
One case, involving 41-year-old Courtney Boose, showcases the systemic challenges faced by law enforcement. Boose is accused of stabbing a 69-year-old man at a local gas station. His arrest record includes an astounding 99 encounters with police for various offenses, yet he has never served time in prison. This situation has aroused significant concern among Indianapolis leaders, who argue his case exposes critical deficiencies in the handling of repeat offenders.
The ongoing developments surrounding Troy McAlister and other similar cases will likely continue to fuel discussions around the effectiveness of California’s criminal justice policies. As advocates and residents pressure authorities for accountability, the balance between compassion and safety remains an urgent societal concern.
Reporting contributed by Bradford Betz and Danielle Wallace from Fox News Digital.