VISTA — Encinitas Councilmember Luke Shaffer, whose felony assault charge was reduced to a misdemeanor last month, entered a diversion agreement this week that could result in all remaining charges being dismissed as early as next July.
The agreement, approved Monday by Superior Court Judge Sara Kirby, outlines conditions for dismissing misdemeanor assault and hit-and-run charges.
According to court documents, Shaffer must complete the following by July 1, 2026:
- Volunteer for at least 60 hours at something not related to sports
- Complete an 8-hour anger-management class
- Have no contact with the complaining witnesses
- Pay a $100 diversion restitution fee by Dec. 1, 2026
The charges stemmed from a July 5 incident involving street parking and trash bins.
The San Diego County District Attorney’s Office alleged that Shaffer knocked over a trash bin belonging to resident Declan Caulfield and threw a piece of trash at him. Prosecutors said the elected official then intentionally struck one of the bins with his truck and hit Caulfield’s outstretched hands.
The original charges also alleged that Shaffer threatened to use his position on the City Council to prevent Caulfield from ever obtaining a city permit and that Shaffer would call a sheriff’s deputy “who worked for him.”
In response to the diversion agreement, Caulfield said the court’s decision underscores the seriousness of the incident and the need for accountability from elected officials.
“As a longtime Encinitas resident who cares deeply about this community, I am relieved this legal process is finally concluding and that Councilmember Shaffer is being held accountable. Still, it is deeply troubling that such aggression and irresponsibility came from an elected official,” Caulfield said in a statement shared by his attorney, Marco Gonzalez. “I fully support the court’s orders requiring intensive anger management and substantial community service, essential steps to ensure real accountability and to reaffirm that no one, regardless of office, is above the law.”
A judge previously downgraded the case after a full-day preliminary hearing in which prosecutors’ original allegations — including felony assault and a misdemeanor related to misuse of public authority — were significantly reduced.
In a Nov. 13 hearing, Judge Saba Sheibani ruled there was probable cause for assault but determined a misdemeanor classification was more appropriate given the circumstances, the lack of prior history between the men, and letters of support submitted on Shaffer’s behalf.
The judge also dismissed a separate charge of willful omission to perform a duty, finding that the allegations did not fit the statutory definition.
The preliminary hearing included testimony from Caulfield, City Manager Jennifer Campbell, and law enforcement officials, as well as multiple surveillance videos reviewed in court.
Prosecutors argued Shaffer’s conduct was dangerous and intentional. At the same time, defense attorneys maintained he moved the trash bins only to park his vehicle and that the incident did not rise to the level of criminal behavior.
The court ultimately sent the case back to misdemeanor court, where negotiations continued ahead of Monday’s agreement.
Shaffer’s defense attorney, Isaac Blumberg, told supporters at the Vista Courthouse that the agreement represented a “positive development,” bringing closure to what had been “a really difficult process.”
“We’ve consistently held that the conduct on that date was not criminal and certainly was not felonious,” Blumberg said. “Today the court’s ruling reflects that.”
Blumberg also thanked Shaffer’s supporters, including those who appeared in court throughout the proceedings.
“Councilmember Shaffer is grateful to put this behind him and focus on the people of Encinitas,” Blumberg said.
UPDATE: This article has been updated to include a written statement from Declan Caulfield.
2 comments
For a counterpoint, see the opinion column from the SD Union Tribune’s editorial board on Dec. 5. headlined: “Will Encinitas probe official accused of threat? Or sweep it under the rug?”
The editors argue that while Judge Sheibani allowed for eventual dismissal of charges pending compliance by defendant, she did not address the evidence presented that he threatened to use his position against his adversary. Instead she said that ethical violations are beyond the reach of criminal law. Does that mean such charges are unimportant or untouchable?
The UT editors assert in the strongest terms that the ethical matter must be taken up by the City Council, and the reasons it likely won’t happen. Worth reading as an example of civic engagement and principled dispute. (Note the absence of name-calling on their part.)
In response to Steve: The unaddressed alleged ethics violation, and the required anger management class, underline substantive issues behind the DA’s case. Judge Sheibani did not exonerate Shaffer but gave him a chance for self rehabilitation. Hopefully that is what he is grateful for and will act upon.
LawFare defeated.
This sham of a charge should lead to an investigation of the Coast Law Firm that took this case pro bono for a wealthy homeowner who started the whole thing, and the DA that charged him with a ridiculous over charge.