By admin 
A man will stand trial on two felony charges stemming from a 2023 alleged road rage incident in midtown Sacramento that left a bicyclist hospitalized, following a judge’s decision Monday to deny his request for mental health diversion.
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Kaleb Taubman, 34, faces felony charges of assault with a deadly weapon and hit and run, with two enhancements attached to each charges. The charges stem from an Aug. 12, 2023, crash in which Taubman allegedly drove a Chevrolet Avalanche into bicyclist Sherry Martinez.
Martinez was hospitalized following the incident, according to a police report that she provided to The Bee. She said she suffered a concussion, collapsed lung, broken collarbone and four broken ribs.
On Monday, following the hearing in Sacramento Superior Court, Martinez received hugs from some of the more than a dozen supporters, many of them members of the cycling community, who came with her to the hearing.
“I’m still a bundle of nerves,” Martinez said.
Taubman and his attorney, Ryan Couzens of Roseville, declined to comment following the hearing. Taubman is scheduled to return to court Sept. 21 to set a trial date.
How the 2023 crash occurred
The 2023 crash happened near the intersection of 24th and J streets on a Second Saturday, when people typically take to the streets of midtown and art galleries open their doors.
“I guess Kaleb had a little road rage,” Martinez said. “He claims to be an avid cyclist, but his reason for hitting me was we were going too slow, so that really doesn’t match up.”
Martinez, 44, of Del Paso Heights, said she was riding single-file with two friends on 24th Street when Taubman struck her.
“He was in this flow of cars, and he got to a point where he was just driving kind of weird,” Martinez said. “He got stopped behind a vehicle turning left, and he veered around them.”
She added, “The last thing I remember is a glare from him.”
The case drew immediate media attention. Martinez gave an interview to CBS Sacramento from her hospital bed. Bicyclists initiated a letter-writing campaign urging that Taubman be charged. He wasn’t arraigned until July 2024, nearly a year after the incident.
Martinez was supported in court Monday by more than a dozen members of the American River Bike Patrol, which Martinez joined following the crash.
“I think Sherry is such a sweet, wonderful person,” bike patrol member Gerry McIntyre said. “She’s such a kind spirit.”
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Richard Miller, who is involved with D2 Bike Fest, also joined her at the courthouse.
“I’m very happy about today’s decision because the judge saw through all the rhetoric of using loopholes to get out of responsibility,” Miller said.
How the mental health diversion hearing went
Taubman, who is not in custody, and Couzens stood before Judge Martin E. Tejeda on Monday.
Tejeda explained that the hearing would determine whether Taubman was both eligible and suitable for mental health diversion.
Tejeda acknowledged that Taubman was eligible to apply, noting that he’d been diagnosed in the past five years with a qualifying mental health disorder. He noted that Taubman had disorders related to depression, anxiety and alcohol and cannabis use.
But Tejeda explained that Taubman’s eligibility alone wouldn’t be enough for diversion.
“The Legislature has indicated that someone can be eligible and not suitable,” Tejeda said.
While Tejeda noted that Taubman didn’t have any previous criminal history, Tejeda said the court found that Taubman posed an unreasonable risk to public safety. Tejeda noted that Taubman had stopped taking prescribed medications.
“I’m going to respectfully deny the mental health diversion at this time,” Tejeda said.
Martinez, who said she’s attended every hearing in the case, said the day felt like a victory.
“It feels like a victory for California, for pedestrians, cyclists out there and for drivers to open their eyes and share the road and drive safer and every time you get behind the wheel, understand this is a deadly weapon,” Martinez said.
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