How some criminal defendants are avoiding conviction through diversion programs

More than two and a half years ago, Christian Hornburg was attacked by a man with a metal pipe at a Santa Monica train station, and he still suffers physically and mentally from the incident.

The man who attacked him, Job Taylor, shouted racial slurs as he allegedly stomped on Hornburg’s head. He was charged with attempted murder, assault with a deadly weapon and a hate crime – but a judge said he did not have to stand trial.

In March, Judge Lana Kim granted Taylor diversion, saying: “TThe only reason this diversion was created was essentially to treat people with a mental health diagnosis. »

CBS News California Investigates has been following the case ever since, investigating diversion, where a defendant is offered treatment and education instead of serving a prison sentence.

Hornburg said he supports the idea of ​​diversion, but not for the man who knocked him to the ground and nearly killed himself, leaving him in a wheelchair.

“I had a brain hemorrhage…I had a few bumps in my head where he hit me…kicked me in the head,” he said.

Los Angeles County District Attorney Nathan Hochman said Taylor attacked two other black people the same day.

According to court records, police body camera footage showed Taylor continuing his racist comments until his arrest.

“It was absolutely a hate crime,” Hochman said. “In fact, Mr. Taylor, in his interview, said he had a particular problem with black people.”

Hochman said a judge honored a request for diversion in the case. “These cases should have resulted in years in prison.”

In Los Angeles County, the Office of Diversion and Reentry provides supportive housing, either through mental health diversion or probation.

This is not a locked installation. It’s an any time of day facility that he can walk out of and they’re not going to stop him,” Hochman said.

Taylor has been diagnosed with schizoaffective disorder, bipolar illness, and opioid use disorder.

Despite efforts to determine rates of completion of diversion programs versus those who choose to opt out, exact numbers could not be confirmed by officials with the Office of Diversion and Reentry.

The office reported that by 2024 there were likely between 2,700 and 2,800 people in the program, that they had lost track of about 400 to 500 people, and that between 100 and 200 people had returned to prison.

Hochman estimates that about 24 percent did not complete the program, while ODR estimates show about 17 percent. “This is an incredibly serious failure rate in our society,” Hochman said.

Hochman defends the victim. “The whole point of the criminal justice system is that it should provide justice for victims like Mr. Hornburg. But in this case, it absolutely failed to do that,” he said.

A Rand study found that rapid diversion program participants are three times less likely to be rearrested than those incarcerated, while the Vera Institute of Justice found that “people who complete diversion are 43 percent more likely to find employment.”

Troy Vaughn directs the Los Angeles Regional Reentry Partnership, a nonprofit organization. “Diversion aims to address root causes like trauma, mental health and poverty,” Vaughn said. “It’s not about avoiding responsibility. It’s about responsibility that works.”

Under mental health diversion laws, a defendant accused of certain crimes, such as murder and rape, is not eligible for diversion.

Taylor’s public defender said he “is housed with black inmates. His cellmate is a black individual…He has no animosity toward black people.”

But to support his opposition to Taylor’s diversion motion, the prosecutor cited Taylor’s medical records, which indicated that a prison psychologist who interviewed Taylor noted his “hostile and aggressive behaviors toward custodial staff.”

Last month, the California Court of Appeal granted the prosecutor’s motion to vacate Judge Kim’s diversion order, saying no evidence suggested Taylor would not pose an unreasonable risk of danger to public safety if diversion was granted.

Meanwhile, Hornburg lives in a care facility with lasting injuries. “I had a small tendon and it damaged the muscles in my wrists. I get dizzy,” he said. “I guess by not walking my legs became weak and my balance was off. I have constant headaches every day.”

Taylor will now be tried on the original charges, including attempted murder accompanied by a hate crime. His preliminary hearings are scheduled for December. If convicted, he faces life in prison.