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Dave Chappelle’s alleged attacker is asking to be transferred to a mental health program.
Isaiah Lee, 23, appeared in a Los Angeles courtroom Monday accompanied by attorney Chelsea Padilla, a deputy public defender, the Post reported.
According to the outlet, prosecutors plan to file a motion opposing the request, and a hearing has been set for Aug. 23.
California’s Mental Health Diversion program allows a person charged with a crime to complete a mental health program, such as counseling, which could lead to charges being dismissed.
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“When (the public defender) argues that someone does not have the full capacity, usually that person is sent off to get evaluated,” Los Angeles City Deputy Attorney Giselle M. Fernandez said.
“They take mental health classes, and they are on ‘diversion’ for a period of time. And if they finished diversion, a case could be dismissed if they do mental health diversion successfully. There’s a lot that goes into it. There has to be an evaluation, and there has to be a motion. And the judge has to grant it.”
Lee allegedly attacked the comedian in May while Chappelle was on stage during a performance at the Hollywood Bowl.
Los Angeles City Attorney Mike Feuer charged Lee with four misdemeanor counts of battery, possession of a weapon with intent to assault, unauthorized access to the stage area during a performance and commission of an act that delays the event or interferes with the performer.
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Lee was allegedly carrying a replica gun with a knife blade when Chappelle was attacked during the Hollywood Bowl show, police said at the time.
Lee told the Post during a jailhouse interview he was “triggered” by Chappelle’s anti-LGBTQ+ jokes, and Will Smith’s slap of Chris Rock at the 2022 Oscars “inspired” him.
“I identify as bisexual … and I wanted him to know what he said was triggering,” Lee told the outlet. “I wanted him to know that, next time, he should consider first running his material by people it could affect.”
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Fox News Digital recently spoke with fellow comedian Gabriel Iglesias about Chappelle’s comedy style after his Minnesota show was canceled hours before the event was to start.
“At the end of the day, I’m a comic, he’s a comic,” Iglesias said during the annual Ping Pong 4 Purpose charity event at Dodger Stadium Monday night. “The ability to be creative and express ourselves through words onstage — it’s one of those things where sometimes it goes well, sometimes it doesn’t go well.
“At the end of the day we all want to do good.”
Chappelle has received backlash for certain jokes he’s made about the transgender community. In “The Closer,” Chappelle discussed controversies surrounding gender identity and has continued to defend his right to artistic freedom despite heavy backlash.
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“Some comics are political, some comics are controversial, some just get right in your face and everyone does what they do,” Iglesias continued. “At the end of the day, being able to say what we need to say onstage to get our art across, our message across, is very important.”
Fox News’ Tracy Wright contributed to this report.