LAKEPORT>> A Lucerne man who allegedly assaulted two Lakeport police officers was present and in custody for a review hearing of proposed mental health diversion.
The Court, pursuant to the request of the defendant, Cletus Manuel Rouillard, ordered this matter be continued to next Tuesday for a review hearing of the proposed mental health diversion.
Last month there was an opposition to the granting of the mental health diversion from the People.
The defendant stated that he consented and will comply with treatment and mental health diversion.
The Court granted a conditional mental health diversion program, but at that time the defendant was not able to locate a program due to being incarcerated.
The People were directed to submit a form of order to the court.
A form of order in mental health is a legal directive issued by a judge that mandates specific actions related to an individual’s mental health.
Earlier this year, the defendant entered a general time waiver in which the Court ordered this matter be continued to July.
In May the matter was heard regarding the petition for a mental health diversion.
At that time, Defense Counsel, Megan Dailey, from the Lake County Public Defender’s Office stated she had additional documentation and argument to submit regarding the mental health of the defendant. She requested the Court grant the Petition for Mental Health Diversion.
The People contested the petition and the matter was then continued for a Contested Petition of Mental Health Diversion in June.
Earlier this year there was question as to the Petition not yet being filed.
Attorney Dailey stated that she previously submitted an ancillary request.
An ancillary request refers to a request for supplementary activity that can enhance the primary focus of this case.
The clerk informed defense counsel that an order was not presented.
At that time an order was provided to the court for signature and an endorsed copy was provided to defense counsel in open court.
In February Defense Counsel, Megan Dailey, states she filed an application for prima facie and a request for ancillary funds.
In California, a prima facie hearing is the confirmation that a defendant has established that they meet the minimum requirements for mental health diversion, while mental health diversion is a program that allows treatment instead of jail time.
Ancillary funds are non-attorney costs for a defendant in a criminal case, such as investigators, expert witnesses and printing transcripts.
The People filed an opposition to mental health diversion but did not oppose prima facie.
During that hearing the Court stated that a prima facie showing has been made and defense counsel requested a six week continuance in order to have the defendant evaluated and the petition filed.
At that time the matter had been scheduled for a petition of the mental health diversion to be heard in March, and the previously set jury trial had been vacated.
The Court granted a continuance last year, which was requested by the defendant.
At that time the matter was continued to this year for a prima facie mental health diversion hearing.
During the trial readiness conference last November, the defense stated that a petition for mental diversion had been filed.
Last October the defendant entered a not guilty plea to all counts, and he denied the special allegations.
The defendant has been charged with attempted murder, battery on a peace officer with injury and resisting an executive officer.
The charges stem from an incident in October of 2024 when Lakeport police officers responded (for the second time) to a domestic dispute between two people.
During the second incident, the defendant became agitated and confrontational with the other party.
According to authorities, when officers advised the defendant he was being arrested, they attempted to handcuff he became physically combative with the officers.
One officer suffered a head laceration while the other officer suffered head trauma from being choked by the defendant.
The defendant was in violation of a peaceful contact restraining order.
The defendant was charged inflicting corporal injury on spouse/cohabitant in the other matter that is trailing this case, which involves a violation of probation. He was convicted in the corporal injury matter January of 2024.
He admitted to the charge of a violation of probation in July of this year. The defendant’s probation was terminated and was order to serve 92 days in Lake County Jail with 46 days served and 46 days of Good Time Credits.
There was a protective order issued in November of 2023, which was terminated, but the People submitted a Criminal Protective Order to the Court for signature.
In July the Court granted the People’s request for a Criminal Protective Order, which was signed and served to the defendant in open court.
The Lucerne man was arrested and booked into the Lake County Jail, where he remains with bail set at just over $1 million.
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