Dave Chappelle attacker will file for ‘mental health diversion’

Isaiah Lee, 23, appeared in LA criminal court Monday for a pretrial hearing on misdemeanor assault charges after he attacked comedian Dave Chappelle on stage in May
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The man who tackled Dave Chappelle on stage at a Los Angeles comedy show could potentially see his case dismissed if he is found mentally ill, DailyMail.com has learned.

Isaiah Lee, 23, was arrested and charged with assault with a deadly weapon after charging towards the comedian with a flick knife during his May 3 performance at the Hollywood Bowl.

Wearing a yellow prison top and blue pants, and with his hands cuffed behind his back, Lee appeared at Los Angeles downtown criminal court Monday for a pre-trial hearing.

His attorney Chelsea Padilla gave notice that she plans to file a motion asking Judge Armenui Ashvanian to send Lee for a ‘mental health diversion.’

Judge Ashvanian scheduled another hearing for August 23 to hear the request, which the LA District Attorney, ‘will probably object to,’ prosecutor Giselle Fernandez told DailyMail.com outside the court.

Isaiah Lee, 23, appeared in LA criminal court Monday for a pretrial hearing on misdemeanor assault charges after he attacked comedian Dave Chappelle on stage in May

Isaiah Lee, 23, appeared in LA criminal court Monday for a pretrial hearing on misdemeanor assault charges after he attacked comedian Dave Chappelle on stage in May

Lee was seen wearing a yellow prison top and blue pants, and with his hands cuffed behind his back during the court proceedings

Lee was seen wearing a yellow prison top and blue pants, and with his hands cuffed behind his back during the court proceedings

Lee is accused of storming the Hollywood Bowl stage with a foldout knife and trying to tackle Chappelle in front of the hearing on May 3

Lee is accused of storming the Hollywood Bowl stage with a foldout knife and trying to tackle Chappelle in front of the hearing on May 3

Fernandez explained that mental health diversion is a ‘complicated process in which it would be argued that a defendant does not have full mental competency.’

She added that Judge Ashvanian would have to agree to the mental health diversion, and if Lee complied with all the judge’s orders and the conditions of the diversion, ‘the charges could be dismissed.’

Under California law, a mental health diversion would give a defendant an opportunity to go through a mental health treatment program in lieu of incarceration or traditional penalties.

The charges would be dropped upon successful completion of the program’s terms and conditions.

Lee is accused of storming the Hollywood Bowl stage with a replica handgun containing a large blade that folded out of it similar to a pocket knife, and trying to tackle Chappelle in front of the audience which included high-profile guests such as Elon Musk.

People standing in the wings of the stage, including actor Jamie Foxx and rapper Busta Rhymes, rushed on to the stage to try to help Chappelle.

The comedian managed to sidestep the attack and was not hurt, but was clearly blindsided by the ambush.

Security guards chased and overpowered Lee, who was arrested and taken away in an ambulance with a broken arm after the scuffle.

Security guards chased and overpowered Lee, who was arrested and taken away in an ambulance with a broken arm after the scuffle

Security guards chased and overpowered Lee, who was arrested and taken away in an ambulance with a broken arm after the scuffle

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The alleged attacker is accused of charging towards Chappelle with this replica handgun containing a large blade that folded out of it similar to a pocket knife

The alleged attacker is accused of charging towards Chappelle with this replica handgun containing a large blade that folded out of it similar to a pocket knife

Lee's attorney told the court she will file a motion for a 'mental health diversion' - which could allow him to undergo treatment in lieu of jail time

Lee’s attorney told the court she will file a motion for a ‘mental health diversion’ – which could allow him to undergo treatment in lieu of jail time

He was charged with four misdemeanors, including 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.

He has pleaded not guilty to all the charges.

During the arraignment in June, Lee was also charged with attempted murder for a separate incident last December in which he allegedly stabilized his roommate at a ‘transitional housing program’ generally used by homeless people.

LA District Attorney George Gascon credited the publicity surrounding the assault on Chappelle with helping the attempted murder victim identify Lee as his attacker in the earlier episode.

‘The publicity generated by the attack on Mr. Chappelle helped police solve this crime,’ said Gascon in a statement.

Lee has a preliminary hearing scheduled August 19 on the attempted murder charge.

In a jailhouse interview about the Hollywood Bowl incident, he said he wasn’t amused by Chappelle’s brand of humor and that he attacked the comic because he was ‘triggered’ by his jokes about gay people and homelessness.

‘I identify as bisexual and I wanted him to know what he said was triggering,’ Lee said from the Twin Towers Correctional Facility in Los Angeles where he’s being held.

‘I wanted him to know that next time, he should consider first running his material by people it could affect.’

Lee, 23, said last month that he attacked Chappelle because he found his comedy 'triggering'

Lee, 23, said last month that he attacked Chappelle because he found his comedy ‘triggering’

The incident took place during Chappelle's set in the last of a four-night stint at the Hollywood Bowl that was part of the 'Netflix Is a Joke' comedy festival

The incident took place during Chappelle’s set in the last of a four-night stint at the Hollywood Bowl that was part of the ‘Netflix Is a Joke’ comedy festival

Lee said he was excited to see Chappelle’s show, recorded live for Netflix, but grew increasingly angry at the content.

He had been homeless before, and said the jokes made him emotional and upset.

‘I’m also a single dad and my son is five,’ Lee added.

‘It’s a struggle and I wanted Dave Chappelle to know it’s not a joke.’

He said his breaking point came when another comedian in the show’s lineup make a joke about pedophilia, which Lee said brought back memories of being molested when he was 17.

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