Encinitas Councilmember Luke Shaffer is now facing two misdemeanors instead of a felony and two misdemeanors, after a judge reduced a felony assault charge and tossed out another misdemeanor.
In August, the District Attorney’s office charged Shaffer with felony assault and two misdemeanor counts: hit-and-run driving and willful omission to perform duty, a charge that applies when a public official knowingly fails to perform a legally required duty.
The charges stem from a July confrontation over trash bins between Shaffer and resident Declan Caulfield. Shaffer moved Caulfield’s trash bins to clear space to park his truck. Caulfield moved the bins back, insisting that’s where the bins needed to be. Shaffer then got into his truck and allegedly reversed into the bins and Caulfield’s outstretched palms.
At Thursday’s preliminary hearing, Caulfield, North Coastal Sheriff’s Detective Chad Latonio, Encinitas City Manager Jennifer Campbell and District Attorney’s Office supervising investigator Juan Cisneros all took the stand. Deputy District Attorney Chandelle Boyce and Shaffer’s attorney, Isaac Blumberg, questioned the witnesses before making their arguments to Judge Saba Sheibani.
Sheibani ruled that the evidence did not meet the threshold for a felony assault charge and reduced it to a misdemeanor.
“The court should consider the defendant, public interest, the nature and circumstance of the offense, character traits of the defendant and attitudes of the defense,” Sheibani said. “The conduct in this particular case … coupled with the multitude of letters [of support] that the court did review, as well as the defendant’s background, this conduct is misdemeanor conduct.”
She added that there were no significant injuries and no prior history between Shaffer and Caulfield.
Sheibani also dismissed the misdemeanor count of willful omission to perform duty, finding that it, too, failed to meet the probable cause standard.
“We are thankful that the court…agreed that these charges are misdemeanor conduct,” Blumberg said after the hearing. “This will be taken out of the felony track and will be sent to the misdemeanor courtroom.”
A readiness hearing is scheduled for Dec. 1. Shaffer’s legal team will try to negotiate with the District Attorney to see if they can resolve the case, Blumberg said. Otherwise, it will proceed to a jury trial.
Deputy District Attorney Boyce did not stay to provide a comment. Shaffer declined to comment.
Curious this article does not mention that the Judge referred to the “hit and run” charge as “de minimus”, meaning negligible. How did the DA’s office so overcharge this case? Why did they pursue it after seeing the video? It all comes back to Marco Gonzalez. If Luke Shaffer had to face a felony punishable by 5 years in prison for what was essentially a parking dispute because Marco Gonzalez wanted it, then who is safe?