Justice Buchanan's opinion seems entirely persuasive. A trial court can't just categorically deny pretrial diversion because someone died, or because the family of the victim opposes it. You've got to analyze all of the relevant factors. So the Court of Appeal here reverses and remands to allow the trial court to assess things properly.
Yep. Sounds exactly right.
I nonetheless wanted to ask the question: Would you grant pretrial diversion here if you were the judge?
Here's a brief summary of the underlying facts, which are essentially undisputed:
"On the evening of November 11, 2024, Bobo was driving a Ford F-450 truck southbound on Kearny Villa Road approaching the signal-controlled intersection with an off-ramp from Route 163. A few seconds after Bobo’s light turned red, she went through the intersection. Bobo’s vehicle struck the driver’s side of a Toyota Highlander that was turning left on a green light from the off-ramp onto northbound Kearny Villa Road. The speed limit on Kearny Villa Road at the intersection was 50 miles per hour. Bobo and other witnesses later estimated she was going 55 to 60 miles per hour, but one witness estimated she was traveling up to 80 miles per hour. The impact from the collision killed Donato, the driver of the Toyota. Bobo’s truck struck a light pole and stopped.
Bobo appeared to be in shock at the scene. She told law enforcement she thought she had the green light but seemed unsure. Police saw no signs of intoxication. Bobo was 50 years old and had never been arrested or charged with a criminal offense.
Bobo was charged with misdemeanor vehicular manslaughter. (Pen. Code, § 192, subd. (c)(2).) She was arraigned in May 2025 and released on her own recognizance with an order not to drive.
Before trial, Bobo filed an “invitation” for the court to grant misdemeanor diversion under section 1001.95, with multiple supporting character references and attached family photos. She argued she was eligible for diversion because the charged crime was not one of the specifically excluded offenses. Her diversion request provided a lengthy background of her upbringing as an adopted child in San Diego, education, employment history, community ties, relationship with her adoptive parents, history as a single mother, relationship with her daughter and grandson, and service as a caretaker for 19 years after her mother was diagnosed with cancer.
The supporting character references described Bobo as a kind, caring, selfless, honest, generous, reliable, and compassionate person. One long-time friend reported that after the accident, Bobo called her “devastated and sobbing that she couldn’t live with herself.” According to the friend, the accident “weighed heavily” on Bobo, she sought counseling, and she “has never stopped grieving that moment.” Another friend similarly reported that the accident “ha[d] deeply affected [Bobo], as she is someone who would never intentionally hurt anyone.”
Bobo requested diversion for a period of 18 months on the following conditions: (1) she complete an in-person traffic course; (2) she complete 150 hours of volunteer service; (3) she write a letter to the victim’s family; (4) payment of restitution be reserved; (5) she remain law-abiding and “not pick up any new criminal cases”; and (6) any other terms the court deemed appropriate. . . .
The People submitted letters from two of Donato’s family members describing the devastating impact of her death, opposing Bobo’s request for diversion, and expressing the view that Bobo should not be able to get away with only community service. The letters described Donato as a 66-year-old grandmother and mother of two adult children, including a son with autism who experienced deep confusion and pain from her death. Donato immigrated from the Philippines and was the anchor of her family. She and her husband lived frugally, but she supported extended family members financially and emotionally, including putting some through college. She was active in her local church and community, compassionate, and generous to others. She was deeply loved and her family suffered tremendously from her death."
Diversion basically means that if the defendant does everything she's supposed to do within the relevant period (here, two years), the case essentially goes away.
Powerful equities on both sides.
So what would you do?
P.S. - The Court of Appeal's caption lists the second attorney for the San Diego City Attorney's Office as counsel on appeal as Paige E. Folkman, but from what I can tell, she went inactive shortly after the petition was filed.
