People v. Trowbridge CA1/5, A169050

Adam Trowbridge committed multiple incidents of domestic violence against his wife over a two-week period, resulting in injuries to her.
He violated an emergency protective order by returning to his wife’s home, attempted entry, discharged a firearm into the air, and then attempted to shoot himself.
Trowbridge was charged with several counts, including unlawful firearm activity and domestic violence; he ultimately pled no contest to one felony and one misdemeanor count.
He applied for pretrial mental health diversion under Penal Code section 1001.36, supported by a psychological evaluation diagnosing PTSD and substance use disorders.
The trial court denied his diversion application, finding him an unreasonable risk to public safety and unsuitable for diversion, but subsequently placed him on probation after a plea deal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the trial court abuse its discretion denying mental health diversion under §1001.36?	Diversion not warranted due to escalation and public safety risk.	Trial court applied wrong standard and lacked evidence of unreasonable risk; argued for diversion.	No abuse of discretion; trial court’s denial affirmed.
Was the correct "unreasonable risk" standard applied (likelihood of super strike)?	Standard was met: risk of homicide supported denial.	Court relied on general dangerousness, not just super strikes.	Correct standard applied; no misuse found.
Is the evidence sufficient to support the finding of unreasonable risk if treated in the community?	Charged acts showed escalating violence, willful violation of protective orders, and use of firearm.	Argued prior cases where denial was found unreasonable due to lack of violence/gun access.	Substantial evidence supported risk finding.
Does granting probation conflict with the denial of diversion?	Probation offers greater supervision and deterrent.	Claimed probation after denial shows internal inconsistency.	No conflict; trial court’s residual discretion stands.

People v. Frahs, 9 Cal.5th 618 (Cal. 2020) (establishes pretrial diversion for defendants with mental health disorders)
People v. Graham, 102 Cal.App.5th 787 (Cal. Ct. App. 2024) (sets out section 1001.36 eligibility and suitability standards for diversion)
People v. Whitmill, 86 Cal.App.5th 1138 (Cal. Ct. App. 2022) (clarifies correct "unreasonable risk" standard for diversion)
People v. Qualkinbush, 79 Cal.App.5th 879 (Cal. Ct. App. 2022) (diversion as a specialized form of probation; context for court's discretion)
People v. Brown, 192 Cal.App.4th 1222 (Cal. Ct. App. 2011) (murder as the ultimate form of domestic violence)