How some criminal defendants are avoiding conviction through diversion programs

More than two and a half years ago, Christian Hornburg was attacked by a man with a metal pipe at a Santa Monica train station, and he still is suffering physically and mentally from the incident.

The man who assaulted him, Job Taylor, yelled racial slurs as he allegedly stomped on Hornburg’s head. He was charged with attempted murder, assault with a deadly weapon, and hate crime enhancements – but a judge said he didn’t have to stand trial.

In March, Judge Lana Kim granted Taylor diversion, saying, “The whole reason this diversion was created was in essence to treat people who have a mental health diagnosis.”

CBS News California Investigates has been following the case since, looking into diversion, where a defendant is offered treatment and education instead of serving jail time.

Hornburg said he supports the idea of diversion, but not for the man who threw him to the ground and nearly took his life, leaving him wheelchair bound.

“I got a brain bleed …  I got a couple of lumps in my head where he hit me … kicked me in the head,” he said.

Los Angeles County District Attorney Nathan Hochman says Taylor attacked two other Black people the same day. 

According to court records, footage from a police body camera showed Taylor continued his racist rant until he was arrested. 

“It absolutely was a hate crime,” Hochman assured. “In fact, Mr. Taylor, when he was interviewed, said he had a particular issue with black people.”

Hochman explained that a judge honored a request for diversion in this case. “These cases should have resulted in years of prison time.”

In LA County, the Office of Diversion and Reentry provides supportive housing through either mental health diversion or probation.

This is not a locked facility.  This is a facility at any moment of any day that he can walk out of and they won’t stop him,” Hochman said.

Taylor has been diagnosed with schizoaffective disorder, bipolar disease, and an opiate use disorder.

Despite efforts to determine diversion program completion rates versus those who choose to walk out, exact numbers could not be confirmed from the Office of Diversion and Reentry officials.

The office did report that in 2024, there were likely between  2,700 to 2,800 people in the program, and that they lost track of around 400 to 500 people, and somewhere between 100 to 200 people returned to jail. 

Hochman estimates there are about 24 % who did not complete the program, while estimates from ODR show about 17%. “That is a failure rate that is incredibly serious in our society,” Hochman said.

Hochman argues for the victim. “The whole point of the criminal justice system is that it needs to deliver justice to victims like Mr. Hornburg.  But, in this case, it absolutely didn’t,” he said.

A Rand study found that Rapid Diversion Program participants are three times less likely to be rearrested than those incarcerated, while the Vera Institute of Justice found “people who complete diversion are 43 percent more likely to gain employment.”

Troy Vaughn runs the non-profit Los Angeles Regional Reentry Partnership. “Diversion is intended to address the root causes like trauma, mental health, and poverty,” Vaughn said “It’s not about avoiding accountability. It’s about accountability that works.”

According to mental health diversion statutes, a defendant charged with certain crimes, such as murder and rape, is ineligible for diversion.

Taylor’s public defender said he “is housed with Black inmates.  His bunkmate is a black individual… He does not have animosity towards black people.”

But in support of their opposition to Taylor’s motion for diversion, the DA cited Taylor’s medical records, which indicated a jail psychologist who interviewed Taylor noted his “hostile and aggressive behaviors towards custody staff.”

Last month, the California Court of Appeals granted the DA’s petition to vacate Judge Kim’s order for diversion, saying no evidence suggested that Taylor would not pose an unreasonable risk of danger to public safety if granted diversion.

Meanwhile, Hornburg has been living in a care facility with lasting injuries. “I had a little tendon and it damaged the muscles in my wrists. I’ve got vertigo, he said. “I guess from not walking, my legs have gotten weak, and my balance is off. I have constant headaches every day.”

Taylor will now face trial on the original charges, including attempted murder with a hate crime enhancement. His pretrial hearings are set for December. If convicted, he faces life in prison.

CBS News California Investigates

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