Judge Denies Diversion for Troy McAlister in Fatal DUI Case, Citing Ineligibility

San Francisco, CA – A San Francisco Superior Court judge has denied a request for drug diversion for Troy McAlister, the defendant in a high-profile case involving a fatal 2020 DUI crash that killed two women. Judge Michael Begert ruled on October 28, 2025, that McAlister was ineligible for the program, a decision that follows intense public scrutiny and protests. The ruling means the case will proceed to trial, bypassing the treatment-focused drug court.

Deputy Public Defender Scott Grant, representing McAlister, had argued for his client's entry into a diversion program, emphasizing that "research continuously shows that long-term structured treatment far, far improves public safety over simple incarceration." Grant had previously sought to make public the arguments for diversion, noting that a briefing on the matter had been sealed. The defense aimed for a multi-year treatment plan with long-term residential placement and electronic monitoring.

The request for diversion faced significant opposition, particularly from the victims' families and community activists. Hiroko Abe, mother of one of the victims, Hanako Abe, released a powerful statement asserting that the diversion request was "nothing more than an attempt to evade responsibility for the crimes." She highlighted McAlister's extensive criminal record and previous failures in rehabilitation programs.

Troy McAlister's history includes over 90 felony arrests across multiple counties, and he was on parole for robbery at the time of the December 31, 2020, incident. Authorities allege he was driving a stolen car under the influence of methamphetamine when he ran a red light, striking and killing Hanako Abe, 27, and Elizabeth Platt, 60. The case gained notoriety for its role in the recall of former District Attorney Chesa Boudin, who faced criticism for his handling of McAlister's prior parole violations.

The prosecution, led by Assistant District Attorney Edward Mario, argued that McAlister was ineligible for diversion, citing California Vehicle Code Section 23640, which prohibits suspending proceedings for treatment in cases involving DUI charges prior to acquittal or conviction. This legal barrier ultimately factored into Judge Begert's decision. The ruling is a significant development in a case that has become a flashpoint in San Francisco's ongoing debate over criminal justice reform and public safety.