Diversion's probably already been granted by the prosecutor. If it hasn't, and the most recent hearing was postponed because a diversion application had been submitted, it's likely only the sandwich'd cop raising holy hell about D getting away w/a vicious attack would possibly mess up D's plan and the prosecutor still might not care about the cop's grievances. The only other thing I could see D getting diversion denied for is if the RCPD and/or the prosecutor's office have a file on his other uncharged aggieville incidents, and this sandwich thing will basically be like OJ finally getting prison for trying to take back his own memorabilia.