Dave Chappelle attacker requests transfer to mental health program

Accused Dave Chappelle attacker Isaiah Lee is trying to get out of jail and into a mental health program, The Post has learned.

Lee, 23, appeared in Los Angeles Superior Court Monday morning, wearing a yellow prison top and blue plants, and stayed mostly quiet as his attorney said she would file a motion to get him into the program.

His right arm, which had previously been in a sling after being broken during the May 3 incident at Chapelle’s “Netflix is a Joke” show in Los Angeles, appeared healed and he sat next to his lawyer with his hands cuffed behind his back.

His attorney, Deputy Public Defender Chelsea Padilla, requested that her client be placed in a mental health diversion program.

Prosecutors are going to file a motion opposing the motion, Los Angeles City Deputy Attorney Giselle M. Fernandez said, and a hearing in the matter was set for Aug. 23.

California’s Mental Health Diversion allows a person charged with a crime the opportunity to go through a mental health treatment program, such as counseling. If they complete the program’s demands, their charges could be dismissed.

Fernandez said the motion to move Lee into a diversion program could be a long process.

“When (the Public Defender) argues that someone does not have the full capacity, usually that person is sent off to get evaluated,” Fernandez told The Post on Monday. “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.”

The prosecutor added: “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 tackled Chapelle on stage and was initially arrested for felony assault with a deadly weapon. He later had his charges downgraded to misdemeanor battery.

He also has an unrelated attempted murder case involving a former roommate.  

Lee had previously insisted on that he didn’t have mental health issues but later admitted to suffering from bipolar depression disorder and being medicated for it.

He told The Post in an exclusive jailhouse interview that he was “triggered” by the Chapelle’s jokes about the LGBTQ community and homelessness while he insisted he never wanted to harm the funnyman.

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

He later said he was inspired by Will Smith’s slap of Chris Rock at the Oscars.

Lee pleaded not guilty to the attack, and remains locked up at the LA County Twin Towers Jail on $1 million bail total for both cases.