Prosecutors have charged Encinitas Councilmember Luke Shaffer with felony assault, as well as two misdemeanor counts.
The charges, filed by the San Diego County District Attorney’s office, include a felony charge of assault by means likely to produce great bodily injury, along with misdemeanor charges of hit-and-run driving and willful omission to perform duty, according to a complaint obtained by Voice of San Diego.
The incident occurred July 5, according to the complaint, but the district attorney and courts have not yet made the full details public. However, the complaint states that Shaffer made threats to a member of the public, “did unlawfully commit an assault upon” a person and was “the driver of a vehicle involved in an accident resulting in damage to property.”
“Shaffer did willfully omit to perform a duty enjoined by law upon any public officer or person holding any public trust or employment, to wit: A councilmember has a duty not to use their position to willfully make unlawful threats of retaliatory action against members of the public, including threats to deny or obstruct lawful permits or other lawful entitlements,” the complaint says.
If convicted, Shaffer faces up to four years in prison on the felony count. The hit-and-run charge carries up to six months in jail or a fine and the omission charge carries up to one year in jail, according to the complaint.
His arraignment is set for Sept. 9.
“We expect much more out of our elected officials,” said the victim’s attorney Marco Gonzalez via email. “For the good of his family, and of our city, I would encourage Mr. Shaffer to make a quick retreat from public life at this point.”
Shaffer did not respond to requests for comment. Encinitas City Manager Jennifer Campbell declined to comment.
Shaffer is a veteran and a high school lacrosse coach. A newcomer to politics, Shaffer was elected to the Encinitas District 1 City Council seat last November.
Under state law, a criminal charge alone does not remove a city councilmember from office. An elected official would need to be convicted of a specific crime related to giving or receiving bribes to or from other local or state elected officials.
So, if Shaffer is convicted, it would not automatically disqualify him from serving. He can remain in his seat unless he resigns or there is a special recall election to remove him from office.
Of course Marco Gonzalez, litigator for Dems , defender of overbuilding and dangerously restricted traffic, throwing mud.
Let’s put the focus on the person facing criminal charges… He’s the guy who appears to be in the wrong here not Marco.
You are too intelligent to comment. What do you know about the case?
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Here is I started
Council member who opposes improving safety for bicyclists and pedestrians so he can drive fast – despite multiple Encinitas fatalities – charged with hit-and-run. Can’t make this stuff up. https://thecoastnews.com/residents-oppose-encinitas-blvd-expansion-amid-safety-concerns/
This is a one-sided hit piece ~ trying to create public hostility without stating facts. I support council member Luke. Innocent until proving guilt.
yes it is, there is more to this than we know for now, it is “interesting” to see who the attorney is representing the complaint!?
You read that the police arrested him and not the victim’s attorneys, right? So are you saying he was arrested for no reason?
Safety for cyclists? Marco is the henchman for Bleakspear and her corridor of death for cyclists. Do a little research.
The truth will come out in court. Until then innocent until proven guilty. Due process. A lawyer should know better.
Correct. Mr Schaffer has been a target of local activists (like Marco) since he won his seat. I’ll wait for the facts.
*** Note the statement above by me Gonzo is my opinion and should not be taken as a fact ***
Exactly!! Bleakspear is responsible for the roadway disaster Encinitas has become! It’s sad how these political social climbers come in and change our communities for the worse when all they are doing is using our city councils as stepping stones for higher office.
Seems there is confusion, the charges are from the District Attorney, not Marco. The Councilman will be facing a prosector, not Marco. If someone is being “targeted”, then you are saying the San Diego County District Attorney’s office is the source, not Marco. These are serious charges and spinning it because of who the victim chose as his representation in likely a civil suit, is irresponsible. Always innocent until proven guilty, but rumors of a video 🙂
Don’t think people are questioning the DA involvement. They are questioning why a politically active attorney is sharing information before the case goes to trial.
I am absolutely questioning why the DA is prosecuting this case. If the video is released and shows nothing happened, I will absolutely question how Marco Gonzalez got the DA to prosecute. And everyone else should be worried to. If it happened to Schaffer, who is next? Marco’s teenage son is already commenting on social media that this is political payback.
I have had absolutely no contact with the District Attorney’s office. I represent the victim of a crime. And while I am privy to the evidence supporting the charges, it is not for me to discuss or disclose prior to trial.
But your son, who appears to be a teenager, went on social media to comment on the issue. Curious that your son’s social media posts are all about his fishing trips, but now he is seeking out social media accounts regarding Encinitas issues and commenting on them. Must be a really interesting kid…or an adult who commented under his son’s social media. Nice parenting.
Abhorrent that you would comment or make presumptions about someone’s children. Maybe more children should pay attention and get involved in their community instead of the adults here that just act like children. A Council Member who runs for public office and is charged with a crime is fair game, a private citizen (especially a child) is not.
Unless he is being charged as political payback, as stated in Marco Gonzalez’s son’s social media post.
Again, you think the San Diego District Attorney is charging the Councilman with a fake crime and a local land-use is behind the curtain pulling the strings? Okay.
Well, the YIMBYs sure are aggressive…
His account is being used by his father.
Incredibly weird (and creepy) you are looking at the social media of teenagers and the child of somebody you don’t agree with. Unpack that in your head champ.
Naw, the teenager’s the one popping up on other pages, you see.
Why would anybody listen to Marco Gonzalez or hire him in the first place. he’s like a little angry petulant lawyer child acting rudely around our community. If you’ve ever heard anybody flexing and yelling at people out in the lineup at the Cardiff Reef, honking their horn and yelling at people, or just being an all-around DB, he’s your guy. A Kook
Shaffer, on the other hand is it beloved family man, father, coach, and a decorated veteran. A man that has the discipline and intelligence not to put himself out on a limb like this. Keep politics and squawk box attorneys out of it
We will see if he has the intelligence and discipline…DA’s don’t charge anyone (especially elected officials) with a crime unless they have substantial evidence. Not saying he is guilty of a crime, but certainly he put himself in a position to be charged for one.
I am concerned that a person who says they are from Coast Law is posting to past County Supervisor Pam Slater Price with details of the case.
Except to comment in a newspaper implying the guilt of the party in question. Other than that, you would never do such a thing, amirite?
Your son though?
One word for you, Marco. Diminimus. Astounding that anyone can get charged with a felony in San Diego because Marco Gonzalez wants it…and that the DA will follow that instruction.
Clarification: It appears that people are questioning why a politically active attorney is in the media and on social media shining a spotlight on this before it goes to trial. No one but the DA has all of the facts. It just seems unfair.
He won’t do any time,people with money always find a way no time. Probably better,he won’t last an hour in general population.
I certainly don’t know what happened, and would normally keep an open mind, BUT I do know that when Blakspear & co. were lying to Encinitans about sand replenishment for Leucadia beaches, Marco Gonzales was right there beside her, as her environmental lawyer. So now this Environmental lawyer is the alleged victim’s lawyer in a Hit and Run?! (And is making statements that the council member that displaced Blakespear’s pick should leave public office.) Sorry but … now is the time to be dubious.
Gonzales is to Blakespear, as Guiliani is to Trump. When Guiliani finally admitted he had defamed the Georgia election volunteers and made up the whole “fake ballots” scandal there, his defense was that “lawyers lie for their clients all the time”, so he did nothing wrong.
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Political set up. The plaintif threw his trash cans in the back of his car reversing from parking on the street. What theyre not telling you is the plaintiff council is the very same firm that is doing all the development in Encinitas. Ahhhhhh so thats why they want Luke removed from office. But why would the d.a. go ahead with the charges? Ahhhhh theres higher levels of corruption at play and im staring straight at Sacramento. Encinitas isnt just surround by swamps, its becoming one.