HAYWARD, CA — Felony charges against a former Hayward police officer accused of taking sexual favors and a bribe from a brothel could be dismissed after a judge granted him mental health diversion, according to an East Bay Times report.
Benjamin Yarbrough, 49, was charged with bribery after authorities found messages between him and a woman accused of running a brothel in San Jose, according to the report.
In those messages, Yarbrough told the woman that he didn't intend to "bust" her, but to keep her safe, before asking if he could have sex with a worker and take $1,000, according to the report, which cited Alameda County court records.
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Yarbrough resigned from the department in May and was granted admission into a mental health diversion program on Tuesday, according to the report.
A mental health diversion program is a pretrial option that allows defendants with serious mental illness facing felonies to receive community-based mental health treatment and avoid incarceration.
It's unclear whether Yarbrough was diagnosed with any mental illnesses.
Alameda County prosecutors argued that Yarbrough didn't qualify for the program, but a judge disagreed and ordered the former officer to continue his weekly therapy appointments and attend at least two group meetings a week, according to a report.
A defendant is eligible for mental health program diversion if they've been diagnosed with a mental disorder in the Diagnostic and Statistical Manual of Mental Disorders, which includes bipolar disorder, schizophrenia and PTSD, or if their mental disorder was a significant factor in the alleged crime, according to California law.
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