How some criminal defendants are avoiding conviction through diversion programs

More than 2 and a fractional years ago, Christian Hornburg was attacked by a antheral with a metallic tube astatine a Santa Monica bid station, and helium inactive is suffering physically and mentally from the incident.

The antheral who assaulted him, Job Taylor, yelled radical slurs arsenic helium allegedly stomped connected Hornburg's head. He was charged with attempted murder, battle with a deadly weapon, and hatred transgression enhancements – but a justice said helium didn't person to basal trial.

In March, Judge Lana Kim granted Taylor diversion, saying, "The full crushed this diversion was created was successful essence to dainty radical who person a intelligence wellness diagnosis."

CBS News California Investigates has been pursuing the lawsuit since, looking into diversion, wherever a suspect is offered attraction and acquisition alternatively of serving jailhouse time.

Hornburg said helium supports the thought of diversion, but not for the antheral who threw him to the crushed and astir took his life, leaving him wheelchair bound.

"I got a encephalon bleed …  I got a mates of lumps successful my caput wherever helium deed maine ... kicked maine successful the head," helium said.

Los Angeles County District Attorney Nathan Hochman says Taylor attacked 2 different Black radical the aforesaid day. 

According to tribunal records, footage from a constabulary assemblage camera showed Taylor continued his racist rant until helium was arrested. 

"It perfectly was a hatred crime," Hochman assured. "In fact, Mr. Taylor, erstwhile helium was interviewed, said helium had a peculiar contented with achromatic people."

Hochman explained that a justice honored a petition for diversion successful this case. "These cases should person resulted successful years of situation time."

In LA County, the Office of Diversion and Reentry provides supportive lodging done either intelligence wellness diversion oregon probation.

This is not a locked facility.  This is simply a installation astatine immoderate infinitesimal of immoderate time that helium tin locomotion retired of and they won't halt him," Hochman said.

Taylor has been diagnosed with schizoaffective disorder, bipolar disease, and an opiate usage disorder.

Despite efforts to find diversion programme completion rates versus those who take to locomotion out, nonstop numbers could not beryllium confirmed from the Office of Diversion and Reentry officials.

The bureau did study that successful 2024, determination were apt between  2,700 to 2,800 radical successful the program, and that they mislaid way of astir 400 to 500 people, and determination betwixt 100 to 200 radical returned to jail. 

Hochman estimates determination are astir 24 % who did not implicit the program, portion estimates from ODR amusement astir 17%. "That is simply a nonaccomplishment complaint that is incredibly superior successful our society," Hochman said.

Hochman argues for the victim. "The full constituent of the transgression justness strategy is that it needs to present justness to victims similar Mr. Hornburg.  But, successful this case, it perfectly didn't," helium said.

A Rand survey recovered that Rapid Diversion Program participants are 3 times little apt to beryllium rearrested than those incarcerated, portion the Vera Institute of Justice recovered "people who implicit diversion are 43 percent much apt to summation employment."

Troy Vaughn runs the non-profit Los Angeles Regional Reentry Partnership. "Diversion is intended to code the basal causes similar trauma, intelligence health, and poverty," Vaughn said "It's not astir avoiding accountability. It's astir accountability that works."

According to intelligence wellness diversion statutes, a suspect charged with definite crimes, specified arsenic execution and rape, is ineligible for diversion.

Taylor's nationalist defender said helium "is housed with Black inmates.  His bunkmate is simply a achromatic individual... He does not person animosity towards achromatic people."

But successful enactment of their absorption to Taylor's question for diversion, the DA cited Taylor's aesculapian records, which indicated a jailhouse scientist who interviewed Taylor noted his "hostile and assertive behaviors towards custody staff."

Last month, the California Court of Appeals granted the DA's petition to vacate Judge Kim's bid for diversion, saying nary grounds suggested that Taylor would not airs an unreasonable hazard of information to nationalist information if granted diversion.

Meanwhile, Hornburg has been surviving successful a attraction installation with lasting injuries. "I had a small tendon and it damaged the muscles successful my wrists. I've got vertigo, helium said. "I conjecture from not walking, my legs person gotten weak, and my equilibrium is off. I person changeless headaches each day."

Taylor volition present look proceedings connected the archetypal charges, including attempted execution with a hatred transgression enhancement. His pretrial hearings are acceptable for December. If convicted, helium faces beingness successful prison.