An L.A. County Superior Court judge denied a mental health diversion program for a former California Highway Patrol officer arrested on suspicion of domestic violence and gun charges after more than one dozen unserialized firearms, or “ghost guns,” were found in his Saugus home.
Brian Timothy Powers was scheduled to return to court Jan. 15, when his attorney and the prosecutor would meet for a pretrial conference, with a trial possible by the following week, pending schedule changes.
Powers pleaded not guilty in June to seven charges, including assault with a deadly weapon, false imprisonment and negligent discharge of a firearm.
Powers allegedly threatened his ex-wife, accusing her of costing him his job and his money, according to a witness statement referenced in a court order filed by Santa Clarita Valley Sheriff’s Station detectives seeking to seize Powers’ weapons.
In denying the diversion attempt at an October hearing, Judge Kevin Rosenberg said he was trying to “square” conflicting reports from mental health experts on both sides, according to the hearing’s transcript.
Powers has since changed counsel, according to court records, but his former attorney said the defendant has made real progress and formed a community since his arrest.
Rosenberg expressed more concern over the weapons allegations and testimony regarding some threatening statements made in denying a mental health diversion option.
Powers remains free pending his court date next month.