VISTA — The criminal case against Encinitas City Councilmember Luke Shaffer, who was initially charged with assaulting a resident during a parking dispute, was dismissed Wednesday after a judge ruled he successfully completed a misdemeanor diversion program.
Shaffer, 45, originally faced felony charges including assault and hit-and-run for allegedly reversing his truck into a resident’s trash cans last year, damaging a trash bin and striking the resident’s hands in the process.
Following a preliminary hearing, however, a judge reduced the felony assault charge to a misdemeanor and dismissed another charge alleging Shaffer used his position on the City Council to threaten the resident.
Shaffer was later granted misdemeanor diversion, allowing the case to be dismissed if he completed certain terms. On Wednesday, a judge found that Shaffer had successfully completed the program, which included anger management classes and volunteer work, and dismissed the case.
According to testimony at the preliminary hearing, the dispute began after Shaffer moved the resident’s trash bins to park his truck near the beach.
When the resident moved the bins back, Shaffer allegedly pushed one of the bins over and threw trash into the man’s face. Prosecutors alleged Shaffer then got into his truck and backed into the bins. The resident testified that before reversing, Shaffer said, “If you stand there, I’m going to run you over.”
Shaffer allegedly told investigators the resident moved the bins into the path of his truck while he was reversing. Prosecutors, however, said surveillance video from a nearby home showed Shaffer looked at the man before backing up.
After the incident, Shaffer allegedly told the resident he would never receive another city permit. Although portions of the encounter were captured on video, no audio exists of the alleged threat.
During the preliminary hearing, Superior Court Judge Saba Sheibani reduced the assault charge, finding the resident did not sustain significant injuries and concluding a misdemeanor charge would satisfy the same sentencing objectives as a felony.
She also dismissed a misdemeanor charge of willful omission to perform a duty. The criminal complaint alleged Shaffer had a duty not to use his elected position to threaten members of the public. Sheibani ruled that even if Shaffer made the statement regarding permits, there was no evidence he took any further action to carry out the alleged threat.
