Shaffer felony charge reduced to misdemeanor in parking dispute

VISTA — A judge ruled during a preliminary hearing Thursday in Vista Superior Court to reduce the felony assault charge filed in August against Encinitas Councilman Luke Shaffer to a misdemeanor and dismissed a separate misdemeanor count of willful omission to perform duties of a public officer.

Judge Saba Sheibani’s ruling significantly lowers the stakes of the case for Shaffer, who went from potentially facing several years in state prison if convicted of a felony and two misdemeanors to now facing a maximum of 12 months in jail if convicted of misdemeanor assault and misdemeanor hit-and-run.

The original charges stemmed from a July incident in which Shaffer and a resident got into a disagreement over whether the resident was allowed to take up a street parking space with his trash bins.

The San Diego County District Attorney’s Office alleged that Shaffer shoved a bin at the resident, Declan Caulfield, and knocked it over, threw a piece of trash at him, and then got into his truck and backed it up, intentionally striking one of the bins and also hitting the outstretched hands of Caulfield, pushing him back several feet. 

Shaffer also allegedly told the resident that he would never obtain a permit in the city again and stated that he would call a Sheriff’s deputy who works for him, which formed the basis of the DA’s original charge for willful omission to perform a duty.

Sheibani handed down the ruling following a full-day preliminary hearing involving testimony from Caulfield, Encinitas City Manager Jennifer Campbell, and law enforcement officials.

She stated that there was probable cause to charge Shaffer with assault, but that a misdemeanor status was more fitting considering the circumstances of the situation, the multitude of letters of support for the councilman, and the lack of prior history between the two men. 

“Additionally, I also considered the fact that making this a misdemeanor will achieve the exact same sentencing goals of having this be a felony. What I mean by that [is], there are always conditions that a court can impose on a misdemeanor similar to a felony, that can ensure public safety, can ensure punishment, all those things can be achieved … on making this a misdemeanor,” Sheibani said. 

Sheibani also ruled that there was technically probable cause for the misdemeanor charge of hit-and-run, but that since the bin did not sustain much damage, it was “de minimis,” or so small as to be almost insignificant. 

For the misdemeanor charge of willful omission to perform a public duty, she argued that it should be dismissed entirely. While the District Attorney’s Office’s argument that Shaffer had abused his power and attempted to act as an enforcement arm in the statements he made to Caulfield about permits and calling the Sheriff’s, she said this did not fit the definition of the charge. 

Defense attorneys for Shaffer celebrated the reduction in charges following the ruling, with friends and family who had sat in court all day filling the halls of the Vista courthouse. 

“We were here a couple of weeks, if not months ago, and we indicated that we felt that this was not a criminal act, and certainly not felonious, so we’re very appreciative that the court agreed with that after hearing all the evidence,” said defense attorney Isaac Blumberg.

More details about the incident were shared during Caulfield’s testimony. Much of the questioning from the DA’s Office and the defense focused on whether Caulfield had the right to place his trash cans on the street across from his house and take up potential space for parking. 

Caulfield stated that he placed the bins there to ensure they would be picked up for trash service, which normally would have taken place the day prior but was delayed one day due to the Fourth of July holiday. 

He did not place them on the curb directly in front of his house, he said, because the curb is painted red. 

Caulfield denied that he was using the bins to hold a space for the construction workers who were completing stonework outside his house, noting that he had set up cones to hold a separate space for them elsewhere on the street when one of them took their truck to complete a dump run.

After Shaffer arrived outside Caulfield’s home on July 5 and began moving his bins to make room for his truck, Caulfield said he asked Shaffer not to move his bins and began to move them back into place. Shaffer argued that the bins could not be there, and he grew increasingly “aggressive” and “threatening,” Caulfield said.

Caulfield also testified that before backing up his truck, Shaffer told him, “If you don’t move, I will drive over you.” Caulfield said he continued to move his bins back to their original spot on the curb. 

He said his back was turned to the truck, and he turned around when he heard the sound of tires screeching up the hill. He saw the truck run over one of the bins, and he stretched out his hands, saying, “Whoa, whoa,” before the tailgate made contact with his hands and pushed him backward. 

Construction workers began to shout at Shaffer, asking what he was doing. Surveillance footage showed Shaffer arguing with them, stating that something was “illegal” and saying he would call the deputy who works for him.

Shaffer then got out of the truck and began removing the stuck bin from under his truck. Caulfield began to take photos of him trying to remove the bin, which were shown to the court. 

Shaffer also continued to argue that it wasn’t trash day and then called someone to try to verify this information. That call turned out to be to Campbell.

The city manager testified that Shaffer called her to ask if it was trash day, and she contacted EDCO to find out. She then called him back to confirm that it was due to the Fourth of July holiday. She said Shaffer did not disclose any details about the incident during the call.

Soon after the call, Shaffer got into his car and drove away, Caulfield said. 

Caulfield testified that his hands and upper arms were sore after the incident, but that he did not sustain injuries.

He also testified that Shaffer had said he worked for the city during the interaction, but he did not know Shaffer was a city council member until afterwards. He said he had heard the name “Luke” while Shaffer was on the phone and searched online after the incident for city officials with that name, and confirmed that it was Shaffer. 

He reported the incident to law enforcement a few hours after it took place.

The court also reviewed surveillance footage of the street taken from the front of Caulfield’s house, as well as footage from his neighbor across the street and from the alley at the back of the house.

None of the additional footage clearly captured whether Shaffer’s vehicle made contact with Caulfield due to trees obstructing the view.

While questioning Campbell, Blumberg pointed out that the city’s municipal code states that only a city officer or employee can meddle or tamper with residents’ trash bins, and claimed that Shaffer fit this qualification as an elected official.

Deputy District Attorney Chandelle Boyce argued that Shaffer was not moving the bins in his capacity as an elected city official, but for personal reasons. 

Campbell also confirmed during questioning that if a council member believes someone is violating city codes, they should contact the Sheriff’s Office or code enforcement.

Sheriff’s Detective Chad Lotonio, who investigated the incident, testified that when he spoke with Shaffer on the phone the day after the incident, Shaffer confirmed he had moved the bins so he could park in the spot. However, he claimed that Caulfield had intentionally moved a bin behind his truck while he was backing up. 

Lotonio said Shaffer did not specify at the time whether he hit Caulfield or the bin, and he denied pushing over a bin with his hands or throwing trash at Caulfield.

A few days later, on July 8, Lotonio recounted meeting with Shaffer again, along with other officers from the North Coastal Sheriff’s Station in Encinitas. At that time, he addressed “inconsistencies” in Shaffer’s account.

“I told him he lied to me about the incident, that there was witnesses and video surveillance showing that he did otherwise from what he told me,” Lotonio said.

He added that Shaffer also denied knowing that Caulfield was behind his truck before backing up. However, Lotonio said camera footage from a home across the street clearly showed Shaffer looking back and seeing Caulfield behind his truck, and then backing up shortly after.

Boyce also referenced this video showing Shaffer looking back toward Caulfield before reversing. She said Shaffer’s conduct was dangerous, and that while it did not result in serious injuries, the potential harm qualified his conduct as a felony.

“It showed he was looking right in direction of where Mr. Caulfield was, and he reversed right after that. That’s evidence that shows this was on purpose,” Boyce said. “He was not driving a golf cart, not riding a bicycle, he was driving a big Tundra truck … Driving a truck in that manner is very dangerous.” 

She also argued in support of the charge of willful omission of duty, stating that Caulfield would never get a permit in the city again. Caulfield testified that this statement made him worried about the impact on his construction at his home. 

“He was taking on an enforcement role. He was punishing the victim. He acted beyond his lawful limits of authority,” Boyce said of Shaffer. 

The case will now be sent back to the misdemeanor court, with a readiness hearing scheduled for Dec. 1.

“We’ll have an opportunity to negotiate with the District Attorney and see if there’s a way that we can resolve the case or proceed to jury trial,” Blumberg said.