Defendant Denied Mental Health Diversion after Crimes against Own Mother

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By Elijah Navarro

SACRAMENTO – Bogdan Ten was charged here in Sacramento County Superior Court with multiple felony counts, including burglary, assault with a deadly weapon, and assault by means of force likely to produce bodily injury—against his own mother.

Law enforcement told the court that evaluations suggested Ten suffered from a psychotic episode while committing these crimes in 2016. Ten, in fact, claimed that he was “hearing voices” and as a result was placed on a 5150 (mental) hold at the jail.

Assistant Public Defender Pamela Dominisse said that the victim, his mother, made it clear that mental health was a concern she had about the defendant, and that Ten requested a mental health re-evaluation.

A language barrier could have been a problem in communicating with Ten’s mother, the parties agreed, and that may explain the differences in the victim’s statements and police reports.

A family member assisted in the language translation, which put the credibility of the victim’s statements into question. In one instance, the victim claimed that she was “pushed and then fell to the floor.” This was found to be inconsistent with police reports, as it minimized the severity of the committed offense.

The court had to determine if Ten’s actions were substantially influenced by a mental health disorder.

After reviewing an analysis from James Rokop, the chief psychologist for the California Department of State Hospitals forensic science division, Judge Michael Savage appeared to believe that the defendant had a mental health disorder.

But, although the reports noted that drug abuse and a history of mental health disorder were present in the family, Ten did not meet the criteria for the mental health diversion program under Penal Code section 1001.36, which would have allowed the defendant to receive mental health treatment and have his charges dismissed upon the program’s completion.

Judge Savage noted that Ten “has antisocial tendencies” and “does not get along with other people.” However, he added, these symptoms do not qualify as a mental health disorder in the Diagnostic and Statistical Manual of Mental Disorders.

Instead, Judge Savage pointed out the use of cannabis, family issues and upbringing may be the leading factors for Ten’s “triggers,” and concluded Ten is trying to claim a mental health disorder because he would prefer the mental health program to avoid incarceration punishment. Another pretrial hearing is scheduled on August 20.

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About The Author

The Vanguard Court Watch operates in Yolo, Sacramento and Sacramento Counties with a mission to monitor and report on court cases. Anyone interested in interning at the Courthouse or volunteering to monitor cases should contact the Vanguard at info(at)davisvanguard(dot)org - please email info(at)davisvanguard(dot)org if you find inaccuracies in this report.

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