San Francisco protests erupt as 91-time felon tries to dodge prison, swap time for rehab over deadly NYE crash

A seasoned offender is seeking to replace his prison sentence with enrollment in a drug rehabilitation program nearly five years after a New Year’s Eve incident in San Francisco that allegedly claimed the lives of two pedestrians. This has reignited intense discussions regarding California’s progressive criminal justice reforms.

On Friday, Troy McAlister’s lawyer, Scott Grant, presented a request to the court for mental health and substance abuse diversion under California Penal Code §1001.36, which could permit McAlister to enter treatment instead of serving many years in prison if Judge Michael Begert determines he qualifies.

In San Francisco, known for its left-leaning politics, residents have protested this request, arguing it undermines accountability.

“91 felonies, 2 deaths, No more chances,” read signs outside the San Francisco Hall of Justice. “Judge Begert is putting politics before public safety. Justice NOW.”

The case of McAlister, aged 50, has been a focal point for discussions about restorative justice reform, compelling public officials to consider if leniency towards offenders endangers the community.

This motion has led to demonstrations outside the Hall of Justice, where community members and families of the victims described the diversion request as an “affront to justice.”

Some participants have even suggested they might pursue a recall of Begert should the diversion be approved.

“Troy McAlister has accrued 91 felony charges throughout his criminal career in San Francisco, and we believe he should not be given endless opportunities to change his path,” stated Scotty Jacobs, director of Blueprint for a Better San Francisco, told KTVU-TV.

“While some individuals truly deserve a chance for diversion and to rebuild their lives, McAlister has shown time and again that he continues to be a danger to the people of San Francisco, and we believe he belongs in prison.”

McAlister was on parole on December 31, 2020, when he allegedly drove a stolen vehicle under the influence, ran a red light, and killed Hanako Abe and Elizabeth Platt.

McAlister’s extensive criminal record has crystallized a broader debate within San Francisco regarding whether habitual offenders should receive additional opportunities for rehabilitation or be sentenced to life imprisonment.

A Tragic Evening in Downtown San Francisco

Authorities reported that 27-year-old Abe and 60-year-old Platt lost their lives when McAlister drove through a red light in a stolen vehicle during a “methamphetamine-fueled rampage,” following his theft of a cash register and a laptop from a nearby sandwich shop.

Witnesses say he fled the vehicle post-crash and entered a nearby building, where he was apprehended shortly after.

McAlister is currently facing a multitude of charges, including manslaughter related to the incident.

A Controversial Figure in the Reform Movement

The incident sparked outrage in the community, as critics highlighted that McAlister should have been incarcerated given his extensive criminal history.

He had previously incurred a five-year sentence in county jail for robbing a store with an airsoft gun.

His post-parole arrests included allegations of stealing vehicles near the Balboa BART Station, breaking into a vacant apartment, and assaulting a vehicle driver to steal from them.

However, prosecutors had not filed formal charges for these offenses.

The tragedy led to the 2022 recall of District Attorney Chesa Boudin, with critics asserting that his approach was overly lenient towards repeat offenders. In hindsight, Boudin remarked that every law enforcement agency that had previously interacted with McAlister wished they had taken different actions to prevent the tragedy.

“I’ve always maintained that hindsight is 20/20,” remarked Boudin after the 2020 incident. “Every single agency that has crossed paths with Mr. McAlister wished they had taken steps that might have averted this tragedy.”

Under the current District Attorney Brooke Jenkins, the prosecution is opposed to the diversion request.

The California Penal Code §1001.36, established in 2018, permits certain offenders suffering from mental health or substance use disorders to enter a supervised treatment program in lieu of being prosecuted.

If the judge finds that the disorder contributed to the crime and that the defendant does not pose a serious threat to public safety, the case can be diverted for up to two years while the individual undergoes treatment.

A successful treatment outcome may result in dismissed charges, whereas a failure would bring the case back to court.

The judge has yet to make a decision regarding McAlister’s eligibility for this treatment diversion. Fox News Digital has attempted to contact Boudin, the San Francisco County Superior Court, and Grant for further comments.

McAlister’s case reflects a concerning trend where habitual offenders are repeatedly reintegrated into society.

Courtney Boose, 41, faces accusations of stabbing a 69-year-old man at a gas station in Lawrence. This incident is far from his first encounter with law enforcement.

As reported by Fox 59, records indicate he has been arrested 99 times for various offenses, including theft and battery, yet has never served time in prison.

His latest arrest has sparked outrage among Indianapolis officials, who claim his situation highlights significant flaws in the criminal justice system’s management of repeat offenders.

Fox News Digital’s Bradford Betz and Danielle Wallace contributed to this report.