A Santa Barbara County Superior Court judge in Santa Maria has ordered the preparation of a report assessing whether a criminal case against an elected official charged with manslaughter for his role driving a heavy-duty forklift involved in a fatal crash should be headed to military diversion court. 

David Baskett, 81, of Orcutt was not required to attend Friday’s hearing before Judge Kay Kuns.

Instead, Deputy Public Defender Maria Martino represented Baskett, who has been charged with one count of misdemeanor vehicular manslaughter.

The criminal case stems from the crash that killed Tiffany Ann Peterson, 39, of Orcutt on the afternoon of May 2, 2024.

Peterson was a passenger in a small truck driven by her father on Skyway Drive when it struck the tines of the rented telehandler, or telescoping forklift, driven by Baskett, who was stopped on Hangar Street near the Santa Maria Public Airport.

During the brief Friday morning hearing, the judge referred the case to a veterans justice officer to evaluate the suitability for the military diversion program, setting a Feb. 21 deadline for the report. 

On Feb. 21, Kuns said she expects to set a hearing so she can decide whether the case would be appropriate for what’s known as Veterans Treatment Court.

“I have no idea what the report will say,” she added.

Deputy District Attorney Ryan Clausen asked when the judge would want to hear the family’s victim impact statements. 

She suggested that it might be more appropriate for the family to make statements during the future hearing when she considers whether the case should remain in treatment court. 

However, Kuns noted that the decision about whether a case should be handled in a military diversion program typically would be based on legal matters. The decision won’t be based on the tragic circumstances or how strongly a victim’s family feels about the issue, the judge added.

Legislation establishing the veterans diversion program for defendants facing criminal trouble says an evaluation should consider a defendant’s eligibility and suitability, she added. 

“These are going to be legal decisions,” she said. 

Baskett’s attorney said she would object to allowing the family to testify during the hearing, but the judge said victims’ families can make statements.

“Victims have a right to be heard,” Kuns said. “We’ll see what is said, and then you can address it at the time.”

Baskett served on the Santa Maria Public Airport District board when the fatal crash occurred but lost his re-election bid Nov. 5.

He continues to serve on the Santa Maria Joint Union High School District Board of Education.