An Encinitas City Council member accused of assaulting a resident during a parking dispute over the summer no longer faces a felony arising from the incident after a judge on Thursday reduced the charge to a misdemeanor.<\/p>\n
Vista Superior Court Judge Saba Sheibani\u2019s ruling capped a day-long preliminary hearing for Councilmember Luke Shaffer, who was criminally charged<\/a> following a July 5 interaction<\/a> between Shaffer, 45, and an Encinitas homeowner on a street near Moonlight Beach.<\/p>\n Sheibani allowed a second charge, misdemeanor hit-and-run driving involving property damage, to stand. But she dismissed a misdemeanor charge alleging that Shaffer had willfully failed to perform a duty in his role as a city official. Prosecutors alleged he had threatened to use his position as a city official to deny permits to the homeowner.<\/p>\n The dispute arose over the placement of two trash bins along a curb on Fifth Street. Prosecutors alleged Shaffer stopped and moved the bins to clear a parking spot for his Toyota Tundra. When the homeowner objected, prosecutors alleged, the council member intentionally backed up his pickup into the trash bin, wedging it under his truck and knocking the homeowner back several feet, although he stayed upright.<\/p>\n In explaining her decisions, Sheibani noted testimony alleging that before Shaffer backed up the truck, he had told the homeowner something to the effect of \u201cmove out of the way or I will run over you.\u201d She said that, coupled with the circumstances of the incident, was enough to support bringing an assault charge.<\/p>\n However, Sheibani exercised her discretion to reduce it from a felony. She cited case law and said she took into account several factors, including the defendant and his character traits, the public interest, and the nature and circumstances of the case. With that consideration, she said, \u201cthe conduct in this case is misdemeanor.\u201d<\/p>\n Shaffer\u2019s attorney, Isaac Blumberg, said after the hearing that he has maintained the encounter was not a\u00a0criminal act \u201cand certainly not felonious, and so we are very appreciative that the court agreed with that after hearing all the evidence.\u201d<\/p>\n In court, Deputy District Attorney Chandelle Boyce had argued that Shaffer should face a felony charge, saying testimony and video surveillance combined to show that backing the truck into the homeowner was \u201can intentional act.\u201d<\/p>\n \u201cHe was not driving a golf cart, he was not riding a bicycle,\u201d Boyce argued. \u201cHe was driving a big Tundra truck. He drove it in an aggressive manner on purpose, and he actually reversed into a human being. That is the reason why we charged this case as a felony.\u201d<\/p>\n