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Payam Nia
A Pleasanton man accused of striking a 12-year-old boy in the head with a metal baseball bat was denied a mental health diversion request Friday, said District Attorney Steve Wagstaffe.
Payam Nia, 35, instead faces charges including felony assault with a deadly weapon causing great bodily injury. His Jury trial is set for Dec. 14.
A mental health diversion, if granted, would have taken Nia out of the criminal justice system.
Wagstaffe said a judge described the decision to deny the diversion as “seriously difficult.”
Nia, who does not have an otherwise violent history, claimed to suffer from bipolar disorder, but the judge countered that people with such a disorder “don’t typically exhibit this type of violence to this extent,” Wagstaffe said.
“The nature of the harm showed he planned a serious and targeted attack and for those reasons the diversion was denied,” Wagstaffe said.
Nia allegedly entered an open garage on the 200 block of Loma Road in San Carlos on May 27, 2019, and armed himself with a bat.
He then struck the teen in the head when he walked through the garage. It appears to be an unprovoked attack, the two did not know each other, police said.
Nia allegedly told the victim “shh” and then fled into Eaton Park, where he was apprehended with the help of a police canine.
The victim has recovered from his physical injuries, but continues to suffer emotionally “very deeply” including trouble sleeping and intense fear, Wagstaffe said.
Nia is out of custody on a $120,000 bail bond.
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