SAN FRANCISCO, Calif. (KGO) — Protesters gathered Friday at the Hall of Justice in San Francisco to demand justice for two families whose loved ones were killed by an allegedly drunk driver nearly five years ago on New Year’s Eve.
Troy McAlister is facing vehicular manslaughter charges for the deaths of 27-year-old Hanako Abe and 60-year-old Elizabeth Platt at a SoMa crosswalk. McAlister was on parole and allegedly driving a stolen vehicle at the time. His attorney is pursuing the possibility of diversion. The case was previously instrumental in the recall of former San Francisco District Attorney Chesa Boudin.
“Is it okay? No! Is it okay?” No!” shouted protesters.
More than 30 minutes prior to McAlister’s scheduled court appearance in a 2020 hit and run, protesters gathered on the steps of the San Francisco Hall of Justice holding signs with pictures of Hanako Abe and Elizabeth Platt.
“You had an individual who had committed 91 felonies and they had been let out and given a second chance, a third chance, a fourth chance, and they ended up stealing a car and killing two innocent women,” said Forrest Liu, a Stop Asian Hate activist.
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McAlister was on parole at the time.
His attorney, Scott Grant, of the San Francisco Public Defender’s Office, says the court appearance was for receipt of an eligibility report and treatment plan from the Department of Public Health.
There were no arguments on a mental health diversion motion. Grant is pursuing the motion for McAlister and says he would receive treatment for an underlying condition, with regular check-ins and electronic monitoring, while remaining in a long-term residential treatment facility.
“Research continuously shows that long-term structured treatment far, far improves public safety over simple incarceration,” Grant said.
The District Attorney’s Office has said McAlister is not eligible for mental health diversion because of his DUI charge. Grant said he would file opposition to the DA’s position. Protesters say enough.
“If you have a pattern of escalating behavior, and you’re being let out again and again and again, you have to face some consequences,” Liu said.
“To wait five years to finally get a request that says we might want to put this into diversion, is an assault on criminal justice,” said San Francisco resident Liz Le.
As for the delays, according to the Public Defender’s Office, in March, the case was set for a preliminary hearing, but the DA’s Office sought an indictment via what Grant is calling a “secret grand jury,” where the defense wasn’t present. The DA then dismissed the original case and re-filed the case with a new case number that same month. Grant says he has requested, but has not yet received, the grand jury transcript.
The original case was instrumental in the recall of former San Francisco District Attorney Chesa Boudin.
“We need more transparency in our court systems,” said one protester.
Protesters threatened to mount recall efforts against the judge in the case.
The public defender said he hadn’t yet received a treatment plan for McAlister Friday morning from the Department of Public Health but that one was expected before the end of the day.
The next court date for a hearing on the motion for diversion is Oct. 28.
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