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.
This undated photo provided by the California Department of Corrections and Rehabilitation (CDCR) shows Troy McAlister, a parolee who was intoxicated when he ran a red light in a stolen car on New Year’s Eve, killing two pedestrians. (San Francisco District Attorney)
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.
People gather for a memorial for Hanako Abe and Elizabeth Platt, Friday, Jan. 22, 2021, in San Francisco, CA. Troy Ramon McAlister, 45, was on parole when he allegedly plowed into pedestrians Abe and Platt in downtown San Francisco while driving a stolen car. Prosecutors believe McAlister had methamphetamine and alcohol in his system and was armed with a pistol at the time of the deadly collision, and say he attempted to flee the scene on foot. (Santiago Mejia/The San Francisco Chronicle via Getty Images)
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.
Former San Francisco District Attorney Chesa Boudin, who was recalled in 2022, claimed that his city is experiencing a “hard turn to the right.” (Liz Hafalia/The San Francisco Chronicle via Getty Images)
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.
Booking photo of 41-year-old Courtney Boose. (Lawrence Police Department)
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.
