Encinitas City Councilman Luke Shaffer, who was charged with assaulting a resident during a parking dispute, could see the criminal case dismissed if he follows the terms of a diversion agreement reached this week.
Shaffer, 45, initially faced felony charges that included assault and hit-and-run for allegedly reversing his truck into the resident's trash cans in July, damaging a trash bin and striking the resident's hands in the process.
Last month, 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.
On Monday, Shaffer was granted misdemeanor diversion, meaning that the case could be dismissed entirely if he completes certain terms over several months. Those terms include eight hours of anger management classes, 60 hours of volunteer work, remaining law abiding and continuing to comply with a criminal protective order served against him.
According to testimony from last month's preliminary hearing, 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."
Shaffer allegedly told investigators that the man moved his bins into the path of his truck while he was reversing, though prosecutors say surveillance video from a nearby home shows 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.
Shaffer was elected last fall to represent Encinitas' City Council District 1.
