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A career criminal is asking to swap prison time for a drug-treatment program nearly five years after his New Year’s Eve rampage in downtown San Francisco allegedly killed two pedestrians – reigniting fierce debate over California’s woke criminal justice practices.
On Friday, Troy McAlister’s attorney, Scott Grant, asked the court to grant mental-health and substance-abuse diversion under California Penal Code §1001.36, which could allow McAlister to enter treatment instead of facing decades in prison if Judge Michael Begert rules that he qualifies.
In deep-blue San Francisco, residents rallied to protest what they say would undermine accountability.
“91 felonies, 2 deaths, No more chances,” signs read outside San Francisco’s Hall of Justice. “Judge Begert chooses politics over public safety. Justice NOW.”
The case of McAlister, 50, has long been a lightning rod of restorative justice reform, forcing elected officials to confront whether policies meant to show compassion to offenders put the public at risk.
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The motion has sparked protests outside San Francisco’s Hall of Justice, with community members and victims’ families calling the diversion request an “insult to justice.” Some have even threatened to recall Judge Begert if diversion is granted.
“Troy McAlister has been charged with 91 felonies over the course of his multi-decades career here in San Francisco, and we don’t think that someone should be given infinite chances to ultimately correct course,” Scotty Jacobs, director of Blueprint for a Better San Francisco, told KTVU-TV.
“While there’s certain people who should be granted diversion and ultimately given the opportunity to rebuild their lives, Troy McAlister has demonstrated that despite being given that opportunity multiple times, he has continued to pose a threat to San Franciscans, and we believe he needs to be in jail.”
McAlister was on parole on Dec. 31, 2020 when he allegedly drove a stolen car while intoxicated, ran a red light, and killed Hanako Abe, 27, and Elizabeth Platt, 60.
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McAlister’s long rap sheet has become a symbol of the larger question facing San Francisco – whether repeat offenders should get one more chance at rehabilitation or finally face life in prison.
A Deadly Night in Downtown San Francisco
Police said 27-year-old Abe and 60-year-old Platt were killed when McAlister blew through a red light at an intersection driving a stolen car in a “methamphetamine-fueled rampage” after allegedly stealing a cash register and a laptop from a sandwich shop nearby. Police said he got out of the car after the crash and ran into a nearby building, where he was arrested within minutes.
McAlister is facing a slew of charges, including manslaughter in connection to the crash.
A Lightning Rod for California’s Justice Reform
Following the incident, the senseless deaths caused outrage after critics argued he should have been behind bars given his lengthy criminal record.
McAlister previously served five years in county jail for robbing a market with an airsoft gun. His subsequent arrests while out of parole came for allegedly stealing cars near the Balboa BART Station, bashing down a door of a vacant apartment building claiming the owner gave him permission to use drugs there, and for jumping into a car and grabbing at the driver’s pockets until the driver exited the vehicle.
The district attorney’s office never formally filed charges in connection to those offenses.
The tragedy fueled the 2022 recall of Boudin, as critics accused him of being too lenient with repeat offenders. Following the hit-and-run incident of 2020, Boudin said that “hindsight is 20/20.”
“I’ve said from the beginning that hindsight is 20/20,” Boudin said after the incident in Dec. 2020. “Every single law enforcement agency that has had contact with Mr. McAlister wishes they had done something different that might have prevented this tragedy, and that certainly includes my office and my staff.”
Under current DA Brooke Jenkins, prosecutors are fighting the diversion motion. California Penal Code §1001.36, which was enacted in 2018, allows certain criminals with a diagnosed mental health or substance-use disorder to enter court-supervised treatment instead of facing trial. If the judge finds the disorder contributed to the crime and the defendant doesn’t pose a serious public-safety risk, the case can be diverted for up to two years while the person completes treatment. Successful completion can lead to dismissed charges, while failure returns the case to court.
The judge has not yet ruled on whether McAlister is eligible for court-supervised treatment. Fox News Digital has reached out to Boudin, the San Francisco County Superior Court and Grant for comment.
McAlister’s case is part of a troubling trend of repeat offenders being released back onto the streets.
Courtney Boose, 41, is accused of stabbing a 69-year-old man at a Lawrence gas station, and it’s far from his first run-in with police. According to Fox 59, records show he’s been arrested 99 times over the years for charges ranging from theft to battery, yet he’s never served prison time. His latest arrest has sparked outrage among Indianapolis leaders who say his case exposes deep flaws in the criminal justice system’s handling of repeat offenders.
Fox News Digital’s Bradford Betz and Danielle Wallace contributed to this report.
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