Lake Forest Councilmember Benjamin Yu, who is accused of committing multiple acts of domestic violence against a former girlfriend and driving while under the influence, was granted entry into a military diversion program on Tuesday, July 22, according to Yu and court records.
Yu, 42, has served on the City Council since his 2022 election. He’s been arrested three times since 2021.
His most recent arrest was in February 2024, when he was charged with felony corporal injury on a spouse/cohabitant and two misdemeanors, according to court records.
Orange County Sheriff’s Department deputies had been dispatched to reports of a domestic disturbance and found Yu’s former partner “confused and dizzy” after Yu, prosecutors allege, had slammed her head against a granite kitchen countertop multiple times. He was subsequently charged with a felony and two misdemeanors.
The prior summer, Yu had been charged with two misdemeanor domestic violence charges; it is alleged he strangled his former partner, causing injuries, and days later tried to forcibly pull her inside a car with him. Police also arrested Yu in October 2021 on suspicion of driving under the influence.
California law allows defendants accused of misdemeanors who currently served or were a member of the U.S. military and suffer from a range of mental health problems as a result of their military service to be placed by the court into a pretrial diversion program. Yu is a former mechanic in the U.S. Army who was honorably discharged in 2002 due to a service-connected disability.
In a statement, Yu said he was thankful for the court granting him the opportunity to participate in the pre-trial military diversion program.
“I am deeply grateful for the trust the court has placed in me, and for the professionalism and compassion it has demonstrated in supporting veterans facing mental health challenges,” Yu said. “I’m proudly thankful for the support of my friends and family along the journey. Above all, I thank my Lord for answering my prayer and continue to lead me through shadows and valleys. As a sinner, the second chance is precious and enables me to live with renewed purpose and commitment.”
“I remain committed to honoring the law with the utmost care and respect,” Yu added.
The Orange County District Attorney’s Office had written in opposition to Yu getting a military diversion and objected in court, but the judge did not rule in the prosecutors’ favor.
That filing is under seal, but prosecutors in a separate filing condemned the idea of Yu getting his sentence reduced from a felony to a misdemeanor charge.
“People in society should not be given the impression that strangling and bashing your girlfriend’s head onto a countertop is misdemeanor conduct, or worse, conduct not even worthy of convictions in the end,” prosecutors wrote.
In an April court filing from Yu’s attorney asking for his felony charge to be reduced to a misdemeanor, his attorney argued that a felony conviction would result in Yu losing his position on the City Council and jeopardize his real estate license.
“Separate and apart from the personal problems he has had in recent years, Mr. Yu has committed himself to public service and hopes to continue to do so,” his attorney wrote in a court filing. “A felony conviction in the instant case would force him to vacate his elected position and eliminate his ability to serve the public.”
The councilmember has struggled with mental health episodes, but new medications have improved his state drastically, his attorney said in his filing.
Prosecutors in a reply brief snapped back at the assertion that Yu’s service on the City Council should be considered in reducing the charge.
“Rather than using that understanding to avoid committing felonies, he instead asks the court to give him a special break over the average citizen who isn’t on the city council,” prosecutors wrote. “Rather than lift his conduct up to suit his position, he asks this court to lower its standards for behavior and let him slide by with felonious conduct.”
The public has a right to know if they’re voting for someone who commits “felonious violence against women,” prosecutors said.
Yu received a rank of private first class in 2002 before his discharge. He joined the military after the Sept. 11 terrorist attacks.
He had been previously terminated from a military diversion program following his 2024 arrest because he was charged with a felony.
Yu pleaded not guilty to the 2024 charges and was released after posting a $50,000 bond.
Yu is scheduled to appear in court again on Aug. 7 to show proof of enrollment in the diversion program.
City News Service contributed to this report.