Will Encinitas probe official accused of threat? Or sweep it under the rug?

The calming effect that Councilman Tony Blain’s recall and resignation has had on Poway City Hall and beyond is hard to exaggerate. After taking office last December, Blain went on a binge of abusive behavior and terrible decision-making that arguably has as its only recent parallel the actions of San Diego Mayor Bob Filner after his 2012 election. Filner also didn’t last a year in office. It came as no surprise that on Oct. 24, the county District Attorney’s Office accused Blain of five crimes, including felony charges of perjury and soliciting a bribe.

By contrast, accusations against Encinitas Councilman Luke Shaffer stemming from a heated confrontation with his neighbor on July 5 have had a much less tidy resolution. Shaffer was charged in August with felony assault and two misdemeanors. But on Dec. 1, Vista Superior Court Judge Sara Kirby approved a “misdemeanor diversion” in which Shaffer can seek to have his case dismissed after completing an anger management class and doing some volunteer work. “We’re pleased the court recognized what this case always was,” said his attorney, Isaac Blumberg.

But should Encinitas residents accept the idea that Shaffer is a victim here? Last month, after a preliminary hearing, another Vista Superior Court judge — Saba Sheibani — agreed to reduce the felony charge against him, and also dismissed a misdemeanor count against him for allegedly willfully failing to perform a duty in his role as a city official. This was related to prosecutors’ allegation that he had threatened to use his position as a city official to deny construction permits to his neighbor, citing not just the neighbor’s testimony but a surveillance video in which Shaffer could allegedly be heard saying he would call “the deputies who work for me.”

But Sheibani did so not because she doubted Shaffer had made the threat. Instead, she said there was no evidence he had acted on it. “I don’t know if there is some sort of ethical violation,” she said. “That’s beyond my job as a criminal law judge.”

On Wednesday, Blumberg wrote in an email that his client had “consistently and vigorously disputed” threatening the neighbor. But if there is evidence that Shaffer did so, of course that still matters, even if his criminal case is resolved.

So will the Encinitas City Council launch an ethics probe? Don’t bet on it, given the appalling way Mayor Bruce Ehlers inserted himself into the controversy in August. He suggested, without the slightest evidence, that Shaffer may have been the victim of “a political hatchet job” orchestrated by the District Attorney’s Office. Encinitas residents deserve better leadership than this.