About the Encinitas Councilmember Charged with Felony Assault

This story has been updated.

On Tuesday, Encinitas Councilmember Luke Shaffer will appear in a courtroom for his criminal arraignment, where he’ll hear about his charges in front of a judge.  

The charges include one count of felony assault and two misdemeanors counts of hit-and-run driving and willful omission to perform duty, which basically means that a public official knowingly failed to do something they were legally required to do as part of their job. 

Details of the incident that led to the charges haven’t been made public yet, but court documents indicate that Shaffer made threats to a member of the public, “did unlawfully commit an assault upon” a person and was “the driver of a vehicle involved in an accident resulting in damage to property.”  

The arraignment is just the first step of the process, but if Shaffer is ultimately convicted, he could face up to five and a half years in prison. 

Shaffer’s attorney Isaac Blumberg sent Voice of San Diego a statement via text.

“It is outrageous that the District Attorney would elevate a parking dispute into a felony assault case,” he said. “These charges are a drastic overreach, and we are confident that when the facts are presented, Councilmember Shaffer will be fully vindicated.” 

News of Shaffer’s criminal charges has rocked the coastal beach town that elected Shaffer just last year. So, who is Luke Shaffer and what does this all mean for his seat on the Encinitas City Council? 

Who Is Luke Shaffer? 

“I am a product of Encinitas, so everything I decide and will do is in the best interest of Encinitas,” Shaffer said from the Council dais at his swearing-in ceremony last December. 

The 45-year-old was born in Encinitas and has lived in the city for most of his life. After earning a bachelor’s degree in psychology from Cal Poly San Luis Obispo, Shaffer served 12 active-duty years in the Marines – including three tours in Iraq – followed by three years in the Marine reserves. 

Today, Shaffer and his wife run a real estate business. He is also a lacrosse coach at a local high school. 

He is an independent and was endorsed by Republican organization Reform California run by Assemblymember Carl DeMaio. His campaign manager told Voice of San Diego on Tuesday that he did not accept the endorsement. Shaffer won last year with no prior political experience. He ran as part of a three-person slate with Bruce Ehlers, now the city’s mayor, and Jim O’Hara, who represents District 2.  

Shaffer successfully unseated then-incumbent Councilmember Allison Blackwell. 

He ran his campaign on the same core philosophies he and his fellow slate members continue to push for in and outside of City Council meetings: maintaining local control over housing decisions and challenging state housing laws.  

It’s a message that resonates with many Encinitas residents. Voice of San Diego has previously  reported that, for decades, much of the city’s leadership and a large part of the city’s population were hostile to new development.   

With the new council majority came a renewed effort to change the state housing laws that they argue have taken control away from Encinitas. 

Shaffer previously told the Union-Tribune that the former City Council wasn’t “fighting at all” when it comes to state housing mandates.  

During the newly elected officials’ swearing-in ceremony last December, Shaffer reflected on how much the city has changed since the 1980s.  

“[Encinitas] has changed,” Shaffer said. “If Marty McFly could show up with his Delorean and we could go back to 1985, I would jump in and go, but that’s not what’s going to happen. Progression is part of our future, but I’m hopeful that Encinitans can grow it in a way that we see fit, and I’m hopeful that we can minimize the requirement of outside influences as we go forth.” 

In February, Shaffer’s comments about housing landed him in some hot water, the Coast News reported. 

During a discussion about a controversial housing development called Quail Meadows Apartments, Shaffer compared the city’s fight against state housing mandates to America’s struggle to come out from under British rule in the late-1700s. 

“We have to remember where we started,” Shaffer said during the Feb. 12 meeting. “In this country, we started with a dictator from across the water coming in and telling us how to live our life,”  

“I am willing to go stand there on the freaking property myself and say, ‘Not my property, not now.’ If another man or woman wants to stand out there and say, ‘You don’t get to bring your trucks out here,’ I’m willing to do that,” he continued. “At some point, there have to be people that are willing to pick up a rifle. That’s why we get to have this.” 

“We are being attacked by an enemy – domestic not foreign – it’s our state,” Shaffer said. 

He later said his words were twisted and taken out of context “for political purposes,” saying that he only wants to protect Encinitas. 

“My words were meant to express my commitment to standing up for our town and what we believe is right, not to promote violence or division in any way,” Shaffer said. “Unfortunately, there are individuals who have opposed me from the very beginning who are now trying to misrepresent my words to tarnish my reputation.” 

Beyond housing, Shaffer’s campaign also emphasized the need for more government transparency. He told GoodParty.org that city officials and staff should be held accountable to residents.  

“[We need to] hold them accountable and get our residents proper answers, whether we like the answers or not, and make sure that transparency is here,” he said in the interview. 

Shaffer also campaigned on crime reduction, infrastructure improvements, expanding open spaces and more. 

Under state law, a criminal charge alone does not remove a city councilmember from office. An elected official would need to be convicted of a specific crime related to giving or receiving bribes to or from other local or state elected officials.  

So, if Shaffer is convicted, it would not automatically disqualify him from serving. He can remain in his seat unless he resigns or there is a special recall election to remove him from office.  

Ehlers, O’Hara and Deputy Mayor Joy Lyndes declined requests for comment. Councilmember Marco San Antonio could not be reached for comment. 

Sept. 8 correction: This story has been updated to correct that Shaffer was endorsed by Republican organization Reform California run by Assemblymember Carl DeMaio, not the San Diego County Republican party.

Sept. 8 update: This story has been updated to include a statement from Shaffer’s attorney.

Sept. 9 clarification: This story has been updated to include that his campaign manager told Voice of San Diego on Tuesday that he did not accept the endorsement from Reform California.

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