Novato attack suspect dealt setback in court

A judge denied request by David Jonathan Margoliash, the man accused of firing pepper spray at the Islamic Center of North Marin, to have mental health diversion rather than a criminal trial.

A Marin County judge has denied a request to have an assault suspect undergo mental health treatment rather than a criminal trial.

David Jonathan Margoliash, 48, of San Rafael allegedly fired pepper spray at a member of the Islamic Center of North Marin in March. The incident happened at the Novato center during the Ramadan holiday.

A witness confronted Margoliash when he saw what he believed was a gun in his backpack. Margoliash threatened and assaulted the witness before he fled, Novato police said.

After Margoliash was arrested, he was temporarily released from jail to help investigators find a pellet gun that he buried after the incident.

Margoliash is charged with the felony use of tear gas and the misdemeanor of displaying an imitation firearm in public. Police said there was not enough evidence to allege a hate crime.

Margoliash is out of custody. During a hearing on Monday, he had his public defender, Meredith McGuire, ask Judge Kelly Simmons for a mental health diversion. He previously received diversions for a 2019 vandalism case and a 2021 case where he allegedly threatened to harm two joggers in Mill Valley, according to court records.

Simmons, after hearing from the prosecution and a representative of the Islamic center, denied the request. Simmons set the next hearing for Aug. 16.