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Dave Chappelle attacker will file for 'mental health diversion'

The man who tackled Dave Chappelle on stage at a comedy show in Los Angeles could potentially see his case dismissed if found mentally ill, DailyMail.com has learned.

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

Lee wore a yellow prison top and blue pants, and with his hands cuffed behind his back, Lee appeared Monday in downtown Los Angeles for a hearing.

His lawyer Chelsea Padilla said she plans to file a motion asking Judge Armenui Ashvanian to send Lee for a “mental distraction.”

Judge Ashvanian has scheduled a new hearing on Aug. 23 to hear the request, which the LA prosecutor “will likely object,” prosecutor Giselle Fernandez told DailyMail.com out of court.

Isaiah Lee, 23, appeared in LA Criminal Court Monday for a preliminary hearing on assault charges after assaulting comedian Dave Chappelle onstage in May

Isaiah Lee, 23, appeared in LA Criminal Court Monday for a preliminary hearing on assault charges after assaulting comedian Dave Chappelle onstage in May

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

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

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

Lee is accused of storming the Hollywood Bowl stage on May 3 with a folding knife and tackling Chappelle in front of the audience.

Lee is accused of storming the Hollywood Bowl stage on May 3 with a folding knife and tackling Chappelle in front of the audience.

Lee is accused of storming the Hollywood Bowl stage on May 3 with a folding knife and tackling Chappelle in front of the audience.

Fernandez explained that mental health distraction is a “complicated process in which it would be alleged that a defendant lacks full mental competence.”

She added that Judge Ashvanian would have to agree to the mental health diversion, and if Lee followed all of the judge’s orders and the terms of the diversion, “the charges could be dismissed.”

Under California law, a mental health diversion would give a suspect a chance to go through a mental health treatment program rather than incarceration or traditional punishment.

The charge would be dropped upon successful completion of the program conditions.

Lee is accused of storming the Hollywood Bowl stage with a replica pistol with a large blade that folded out, similar to a pocket knife, and trying to tackle Chappelle in front of the public, including high-profile guests like Elon Musk.

Backstage people, including actor Jamie Foxx and rapper Busta Rhymes, stormed onto the stage to help Chappelle.

The comedian managed to dodge the attack and was not injured, but was clearly caught off guard by the ambush.

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

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

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

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

The alleged attacker is accused of rushing towards Chappelle with this replica pistol containing a large blade that popped out, similar to a pocket knife

The alleged attacker is accused of rushing towards Chappelle with this replica pistol containing a large blade that popped out, similar to a pocket knife

The alleged attacker is accused of rushing towards Chappelle with this replica pistol containing a large blade that popped out, similar to a pocket knife

Lee's lawyer told court she will file a motion for 'mental distraction' - allowing him to receive treatment instead of jail time

Lee's lawyer told court she will file a motion for 'mental distraction' - allowing him to receive treatment instead of jail time

Lee’s lawyer told court she will file a motion for ‘mental distraction’ – allowing him to receive treatment instead of jail time

He was charged with four felonies, including battery, possession of a weapon with intent to attack, unauthorized access to the stage during a performance, and performing any act that delays the event or interferes with the performer.

He has stated that he is not guilty of all charges.

During the June arraignment, Lee was also charged with attempted murder for a separate incident in December last year, in which he allegedly stabbed his roommate in a “transitional program” typically used by the homeless.

LA District Attorney George Gascon credited the publicity surrounding the attack 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 has helped police solve this crime,” Gascon said in a statement.

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

In a prison interview about the Hollywood Bowl incident, he said he was not amused by Chappelle’s kind of humor and that he attacked the strip because he was “triggered” by his jokes about gays and homelessness.

“I identify as bisexual and I wanted him to know what he said triggered that,” Lee said from the Twin Towers Correctional Facility in Los Angeles, where he is being held.

“I wanted him to know that next time he should consider running his material first through people who could influence it.”

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'

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 stay 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 stay 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 stay 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, taped live for Netflix, but grew increasingly angry about the content.

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

“I’m also a single father and my son is five,” Lee added.

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

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

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