ENCINITAS — Security camera footage released by court order appears to confirm parts of the District Attorney’s case against Encinitas Councilmember Luke Shaffer, but does not clearly show the alleged felony assault at the center of the charges.
The footage from a home camera captures a July 5 interaction between Shaffer and local resident Declan Caulfield, during which an argument ensued after Shaffer attempted to move trash cans on the curb to make room for his truck.
The DA’s Office charged Shaffer in August with felony assault, one misdemeanor count of hit-and-run driving, and one misdemeanor count of willful omission to perform the duty of a public officer. Shaffer has pleaded not guilty.
According to prosecutors, Shaffer shoved a trash bin at Caulfield, then got into his truck and backed over one of the containers, crushing it under a tire, before striking Caulfield’s raised hands and pushing him back several feet.
Shaffer is also accused of shouting intimidating statements, including that he is a council member, that he would call law enforcement, and that the individual would never get a permit in the city again.
Much of the interaction between Shaffer and Caulfield, as captured on the video, is obscured from view and largely inaudible due to loud machinery and construction work taking place at Caulfield’s home at the time.
The video shows Shaffer pulling up in a black truck across the street from the home where the camera is set up, and then exiting the vehicle to begin moving trash and recycling bins along the curb.
A man comes over from the house and begins speaking with Shaffer, then moves some of the bins back to their original spot. Shaffer appears to shove one of the bins away, with a piece of trash also flying into the air. The two men can then be seen arguing and gesturing with their arms, although no sound is audible.
Shaffer can then be seen getting back into his truck and slowly backing it uphill toward the bins, ending with a loud sound similar to screeching tires. It is not visible in the video whether Shaffer’s truck comes into contact with Caulfield or the bins.
However, a worker in the front yard begins to yell at Shaffer, asking what he is doing. As dialogue continues between the two, Shaffer is heard referencing “a deputy that works for me” and saying, “I’ll call him right now.” He is also heard stating that something is “illegal.”
The video then shows Shaffer getting out of his truck and having a conversation with Caulfield for several minutes, although the audio is not clear. Caulfield can be heard shouting something about his trash bins.
Shaffer then returns to his truck and drives away, and Caulfield walks back to his house.
Both the DA’s Office and Shaffer’s defense team agreed to the release of the video last week, after it was requested by several media outlets. Defense attorney Isaac Blumberg argued that the footage does not support many of the claims by the DA’s Office.
“The footage shows exactly what we’ve said from the start, this was a minor parking dispute, not a violent or criminal act,” Blumberg said in a statement last week.
More details are expected to emerge during the preliminary hearing on Nov. 13 in Vista Superior Court, when several individuals who were at the residence that day are scheduled to testify, according to Segura.
