In February 2023, John Killops was arrested after chasing a woman through Dolores Park while yelling racial epithets and threatening to hurt her.
District Attorney Brooke Jenkins pursued a felony charge with a hate crime enhancement, telling the press at the time that there was evidence Killops was motivated by “animus toward Black people.”
On August 19 of this year, however, a jury acquitted Killops, now 63, of all charges. The public defenders that represented him say that the outcome is obviously a positive one, but they also believe the case is a vivid example of how the system fails to help offenders with chronic mental health disorders, especially when prosecutors are steadfast in a punitive approach.
There is no debate about the harm of what Killops said at the park in 2023, Deputy Public Defender Alejandra Ramirez Diaz told Gazetteer. But from the moment San Francisco Police Department officers arrived on the scene, there were signs that Killops was incoherent and “in a psychotic state,” she said.
The body-worn camera footage from police officers showed Killops experiencing some type of auditory hallucinations and speaking nonsensically; his behavior led one officer to mention a 72-hour psychiatric hold, according to Ramirez Diaz.
Even more notable was the response from the victim, who told officers that Killops appeared “very mentally ill” and asked about Mental Health Diversion (MHD) versus pressing criminal charges, according to Deputy Public Defender Bonnie Chan-Silen. The diversion program can place people in intensive, individualized care for one to two years with oversight and services from multiple city agencies.
“In this case, these signs definitely went ignored. [The public defenders] were the ones to bring it to light. We were the ones who retained an expert and spoke with multiple doctors who had treated Mr. Killops,” Ramirez Diaz said.
According to Ramirez Diaz, District Attorney Jenkins never gave a clear explanation as to why her office was pursuing a felony charge rather than mental health diversion, given the initial evidence. The public defenders noted that diversion rejection follows a pattern since Jenkins was sworn in as DA in January 2023, shortly before Killops’ arrest.
“The experience I have when I'm trying to get clients into mental health diversion is that 99 percent of the time, the District Attorney’s office is going to object,” Chan-Silen said. “Doesn’t matter what the alleged crime is. Doesn't matter what their criminal history is. They usually object.”
This is supported by data analysis by Mission Local and the SF Chronicle that shows a downward trend in mental health diversions during Jenkins’ tenure. Ramirez Diaz and Chan-Silen acknowledged that a lack of resources, including beds and case managers, can be a limiting factor, but stressed that it doesn’t justify the number of diversion dead-ends spurred by the DA.
In an emailed statement, the SF District Attorney’s office said it objected to Killops’s motion for diversion because “we did not believe his case qualified for MHD… the court denied his motion.”
“The number of cases being referred to MHD has grown substantially in the last two years,” the statement continued. “In 2024 there were 970 referrals (with 539 cases admitted) and so far this year there have already been 843 cases referred (with 306 admitted) with three months left to go.”
According to the statement, “Admission to MHD is entirely at the court’s discretion. We only object when we believe that a case does not qualify under the law.”
Killops served nearly two years in jail while his case moved through the courts. From a legal standpoint, it is “very difficult” to fight for diversion while also developing a potential jury trial because of the resources needed for both, Ramirez Diaz said. In addition, pursuing mental health diversion requires the defendant to waive their right to a speedy trial under California law.
Chan-Silen and Ramirez Diaz could not describe Killops’ physical and mental condition at the time of his release from custody earlier this month due to privacy laws. In a somewhat rare outcome, however, Killops was connected to a case worker by the city’s Jail Psychiatric Services program during his release. The Public Defender advocated for Killops because of his age and vulnerable status, they said.
“Typically speaking, no one is getting much help when they’re released from custody, unless that person is educated on [the system] or has an attorney to advocate for them,” Ramirez Diaz said.
Mental health diversions have been criticized by some prosecutors and law enforcement officials as being too lenient or worsening public safety, but data suggest that diversion programs can reduce rates of recidivism and would benefit from increased funding and usage.
Ramirez Diaz argued that Killops spending so much time incarcerated rather than in treatment is a clear sign of how “systemic change” is needed to help people in mental health crises.
“In my experience, when they’re incarcerated, people that have mental health issues more often than not decompensate,” she said. “Jail is just not the place to receive the help they need.”
