Encinitas council member’s misdemeanor case suspended

An Encinitas City Council member accused of assaulting a resident during a parking dispute secured an agreement Monday that suspends his misdemeanor case and could see charges dismissed in as few as seven months.

A judge granted Councilmember Luke Shaffer what is known as misdemeanor diversion, which put his criminal case on pause while he completes eight hours of anger management classes and 60 hours of non-sports volunteer work. If he completes the tasks, Shaffer can seek to have the case dismissed.

Vista Superior Court Judge Sara Kirby granted Shaffer the diversion agreement, which is essentially a contract between a defendant and the court. The District Attorney’s Office did not oppose it.

A statement from Shaffer’s attorney’s office Monday said the agreement marked a “significant shift” in a case that started out with a felony charge.

“We’re pleased the court recognized what this case always was,” attorney Isaac Blumberg said. “Councilman Shaffer looks forward to the case being fully dismissed and is grateful for the opportunity to return his full attention to serving the people of Encinitas without further distraction.”

Shaffer, 45, was criminally charged following a July 5 dispute between Shaffer and an Encinitas homeowner over the placement of two trash bins on Fifth Street near Moonlight Beach. A portion of the encounter was caught on home surveillance video.

Prosecutors alleged Shaffer pulled up to park and moved the bins to clear a spot for his Toyota Tundra. When the homeowner objected because it was trash pickup day, the council member intentionally backed his pickup into a trash bin, wedging it under his truck and knocking the homeowner back several feet, although he stayed upright, prosecutors alleged.

The homeowner testified last month that Shaffer — a stranger to him — identified himself as a council member and said the homeowner would not be able to get future permits to do work on his house. (The homeowner had a stone masonry crew working in front of the home when Shaffer pulled up.)

Prosecutors initially charged Shaffer with felony assault likely to produce great bodily injury; misdemeanor hit-and-run driving involving property damage and “willful omission to perform duty” — a charge prosecutors said arose from what they alleged was an abuse of power during the encounter.

After a daylong preliminary hearing last month, Judge Saba Sheibani reduced the felony assault charge to a misdemeanor and allowed the misdemeanor hit-and-run to stand. However, she dismissed the charge regarding willful omission to perform a duty, finding that the law requires action beyond words, and that Shaffer didn’t take action such as trying to interfere with the homeowner’s ability to receive future permits.