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 Shaffer completed a misdemeanor diversion program.
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Shaffer, 45, originally faced felony charges that included assault and hit-and-run for allegedly reversing his truck into the resident’s trash cans last year, damaging a trash bin and striking the resident’s hands in the process.
But following a preliminary hearing in Vista Superior Court, a judge reduced the felony assault count to a misdemeanor and dismissed another charge related to allegations that he used his position on the council to threaten the resident.
Shaffer was later granted misdemeanor diversion, meaning the case could be dismissed entirely if he completed certain terms. On Wednesday, a judge found that Shaffer had successfully completed diversion, which included anger management classes and volunteer work, and dismissed the case.
According to preliminary hearing testimony, the dispute began after Shaffer moved the man’s trash bins in order to park his truck there so he could go to the nearby beach.
When the resident moved his bins back, Shaffer allegedly pushed a bin over, then threw trash into the man’s face. Shaffer then allegedly got into his truck and backed it into the bins. The resident testified that before reversing, Shaffer said, “If you stand there, I’m going to run you over.”
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Shaffer allegedly told investigators that the man moved his bins into the path of his truck while he was reversing, though prosecutors said surveillance video from a nearby home showed he looked at the man before backing up.
Afterward, Shaffer allegedly told the resident that he would never get another permit in the city again. Though some of the incident was captured on video, no audio exists of the alleged threat.
Superior Court Judge Saba Sheibani reduced the assault count because she said the victim did not sustain significant injuries and said the misdemeanor count would achieve the same sentencing goals as a felony charge.
She also dismissed a misdemeanor charge of willful omission to perform a duty. The criminal complaint filed against Shaffer states that he had a duty not to use his position to threaten members of the public. Sheibani said that even if Shaffer made the statement regarding permits, there was no indication he took any additional steps to follow up on the alleged threat.
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