Is Judge Begert Using Mental Health Diversion as a Substitute For Holding Criminals Accountable?
Is a Judge that lives in exclusive Piedmont neighborhood disconnected from the violence videoed on SF streets?
On the 17th of June, police communications broadcast a car break-in in progress at Hickory Street and Van Ness Avenue.[i] Upon arriving, SFPD officers found Sebastian Mendez actually sitting in the front seat of the vehicle. When officers attempted to investigate, Mendez exited the car and started swinging a metal chain at them like a lasso.
As the video documents, Mendez attacked one officer with the metal chain wrapping around the officer’s leg. The officer fell to the ground, to an even more vulnerable position. A citizen filming Mendez’ attack on SFPD from this second angle (at the 32 second mark), had to end his filming because he felt the need to run for his own safety. Despite the aggravated assault with the deadly weapon and the potential danger of further serious physical injuries, SFPD officers eventually arrested Mendez while employing a minor use of force.
Voluntary mental health diversion does not hold criminals accountable
After the Mendez’ arrest, he was held in custody. Over two consecutive court dates (August 16-17, 2023), per transcripts, SF public defender Eric Fleischaker argued that “Mr. Mendez is appropriate for mental health diversion.” Assistant District Attorney Samantha Adhikari, through an assistant district attorney substituting for her, agreed to releasing Mendez to the Harbor Lights Residential Treatment Program.
Judge Rochelle East clearly articulated to Mendez that he was going to be released to the Harbor Lights program with an ankle monitor and “he’s required to stay in that program at Harbor Lights except for court appearances.” (It is unclear from the transcripts whether the aggravated assault on the SFPD officer remained as an open case, or Judge East was referring to other cases.)
A month later, on September 25th, San Francisco sheriffs had to issue a warrant for Mendez’s arrest because he either failed to honor Judge East’s instructions to remain at Harbor Lights, or he cut his ankle monitor off.
Mendez arrested again for breaking into a car
One day after the warrant was issued, Northern Station police officer Jessie O’Keefe arrested Mendez in the process of breaking into a car (again), off Van Ness Avenue (again).
Judge Begert compounds others’ mistakes
Fortunately for Mendez, on November 16th, he appeared in ultra-liberal Judge Michael Begert’s court (Department 8). Despite Mendez’ failure to comply with diversion, Begert nevertheless granted the violent Mendez “mental health diversion’ (again). Sources are telling me a) that Mendez has a December 12thhearing to confirm that a bed in a diversion program is available, and b) Begert also is suspending Mendez’ criminal proceedings on his aggravated assault with a deadly weapon against the police officer (captured in the videos (above)).
Judge Begert’s inability to understand the criminal state of mind
As logical and law-abiding citizens, it is difficult for us to comprehend how someone can rationally justify committing a crime. It is this lack of understanding into the criminal mindset that too frequently causes reasonable citizens to conflate criminal behavior with mental health deficiencies.
As a police officer for 23 years, I gained my greatest insight into the criminal mind from a U.S.F. class on auditing. Relating to white collar crime, the instructor lectured, No one believes they committed a crime. They formulate an excuse beforehand to justify stealing: I deserved a larger raise; I deserved that promotion, not Joe; and I was just borrowing the money; I would have paid it back.[ii]”
I found the criminal mindset of San Francisco’s streets no different: It’s not my fentanyl, I was just holding it for a friend. I didn’t steal her iPhone, I was just borrowing it to make a phone call; and I found the gun and was merely returning it to a police station.
Judge Begert’s judicial seat is being challenged in the March 2024 election, and his campaign website quotes him embracing the same preformulated justifications that arrestees make: battled against the challenges of criminal behavior, drug addiction, inadequate treatment, the housing crisis, mental illness, racism, wealth inequality, and the relentless degradation that these leave in their wake.
Begert’s website and his ruling on Mendez corroborate his detachment from reality. Essentially, Begert believes that Mendez’ criminal record was affected by the wealth inequality created by the preferential tax rate for hedge funds. While simultaneously Mendez lacked the mental capacity to recognize the no-consequence diversions San Francisco judges have repeatedly gifted him were not an encouragement to act violently and commit the same crimes over-and-over again. Yeah, right.
Begert also must believe that Mendez, who had the audacity to attack police officers carrying guns, is not a potential safety risk to the general unarmed public. And, Mendez, who failed to comply with the soft consequences of an ankle monitor and voluntary diversion two months ago, will now comply with Begert’s same instructions. Yeah Charlie Brown, Lucy will really place-hold the football this time.
How can Begert understand San Francisco crime from his $5.2 million[iii] Piedmont home?
Begert has shown great concern for criminals, but virtually no empathy for the SFPD officers that risked great bodily injury to protect San Franciscans from Mendez. It is consequential to point out that the term “San Franciscans” excludes Begert, who apparently lives in the exclusive enclave of Piedmont behind the comfort of a community segregated from homelessness and protected by a fully funded police department.[iv]
Unlike other SF candidates, judges do not have to reside in the city. So, while we can justifiably accuse Begert of carpetbagging, he is not violating election residency requirements. However, Begert’s Piedmont residency presents the optics that he considers himself above the rest of us. Want to bet he has never ridden MUNI? Begert’s disconnect rings loudest when he renders judgements that compromise the safety of us other people that live in and actually have to deal with the daily inhospitably of San Francisco’s streets.
As a contrast, Begert’s opponent has resided in the same San Francisco middleclass westside house for the past 28 years—within 2 miles of where my parents raised me, and I raised my children.
[i] Since Mayor Lee changed the procedures from reporting car break-ins in 2017, SPFD is not even informed of break-ins that are not currently in progress.
[ii] The U.S.F. instructor also lectured: a) to be suspicious of the person who never takes a vacation day, as they are worried a substitute will uncover their accounting games, and b) look for the person who has an affinity to fast women (unaffordable lifestyle) or slow horses (gambling).
[iii] Zillow values Begert’s home at $5.2 million. I am intentionally not providing Begert’s home address to afford him privacy.
[iv] While I can’t exactly prove Begert lives in Piedmont, here is the evidence he does: A Google search indicated Begert owned two properties through 2021. One home was on Potrero Hill, and the other in Piedmont. However, Realtor.com shows the Potrero Hill property was sold in 2021 and no other San Francisco address is listed for Begert as a replacement. The same Google search indicates Begert’s wife’s name is “Annette” and is 57 years of age. Begert is 60. There is a landline associated with the Piedmont property with a “510” prefix. I called that number and the taped voicemail response answered, “Mike and Annette.” While cellphones can be moved to a different area code’s billing address, I don’t believe landlines are portable. Have you ever called a San Francisco landline with a “213” or “212” area code?
What people don't understand is a small percent of the criminals don't comply with orders by anyone,
police or judges they do understand pain. Back in the day If a suspect attacked a police officer he use to go to the hospital before jail. Now with cameras everywhere these suspects are deprived of street justice. They are doomed to an endless cycle of ......
Well the judge is clearly above the law and lives behind walls.in his mind he is an elite ruler.
Very much like vasalino gruesome..both authoritarian tyrannical psychopaths. What they don’t seem to understand is that the leftist mob always eats itself….the shit storm is just brewing and SF is the tip of the spear. Buckle up San Franciscans or wake up. Vote the commies out…I left long ago..