A former San Jose police officer charged with DUI after a 2021 road-rage incident — with a child in his car — is avoiding prosecution through a military diversion program. He reportedly punched a woman in a violent case prosecutors say the law wasn’t meant to cover.

As reported by NBC Bay Area, former SJPD officer George Brown was off duty on July 24, 2021, driving near the I-280/I-680 interchange with a friend and a child relative in the car, when he narrowly avoided a collision with another vehicle. According to the Santa Clara County DA, both cars began driving aggressively before a woman in the other car threw a plastic bottle that hit Brown’s SUV. Brown mouthed to the driver to pull over, called for emergency "Code 3" backup, then pulled over near McKee Road and blocked a lane of freeway traffic.

Once stopped, Brown identified himself as a San Jose police officer, then — without provocation — punched the 5-foot-3 woman in the face, knocking her to the ground, as reported by Bay Area News Group. Prosecutors say he hit her again when she tried to stand, then joined a physical altercation between his friend and the woman's husband. By the time officers arrived, all parties had left the scene. The woman sought treatment at a hospital, and two video recordings — one from a Tesla’s dashcam and another from a witness’s phone — later corroborated her account.

Brown was charged with felony assault under color of authority, misdemeanor battery, and misdemeanor child endangerment. His friend, a Redwood City resident, was also charged with misdemeanor battery. Brown was placed on paid administrative leave and later decertified by California’s POST board for serious misconduct, as reported by KTVU. At the time, SJPD Chief Anthony Mata called the violence “detestable,” adding, “These allegations defy everything I stand for and have no place in our organization.”

In January 2025, as reported by Bay Area News Group, Brown’s criminal case was suspended after a judge granted pretrial military diversion under California Penal Code §1001.80 — newly expanded this year to include felonies. Brown’s defense argued that his PTSD from military service in Iraq was a significant factor in the offense. A defense expert supported that claim, and under the updated law, the court presumed the connection unless prosecutors could prove otherwise with “clear and convincing” evidence.

Santa Clara County DA Jeff Rosen objected, stating, “I doubt this new law was intended to give a free pass to a police officer charged with using his authority to beat a woman on a highway and put his children in danger.” Deputy DA Brian Welch said the DA’s office was unable to obtain an independent psychiatric evaluation and was hamstrung by the law’s structure. Deputy DA Vanessa Aragon added, “This is a road rage DUI. This is not the intended purpose of this statute. It is to address combat-related trauma, not simply being a veteran.”

Although California’s military diversion statute was designed for misdemeanors, as of January 1, 2025, it now allows for diversion in most non-violent felony cases, as reported by Daily Journal, a legal industry publication. Brown’s actions — punching a woman twice in front of children — do not fall under “nonviolent,” yet the court still approved diversion. If he completes the program, all charges will be dismissed, and no conviction or plea will appear on his record.

Brown’s POST license is no longer suspended, raising the possibility he could work in law enforcement again. Under current rules, diversion does not automatically trigger decertification, though he must disclose it when applying to future agencies.

As more veterans seek diversion for felony charges, critics say the law is being stretched in ways that undermine public trust. According to Deputy DA Welch, “The prosecution walks into court on a request for military diversion with one hand tied behind its back.”

Image: Evgen_Prozhyrko/Getty

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