What Led to Encinitas Councilmember’s Assault Charge? A Dispute Over Parking


Encinitas Councilmember Luke Shaffer stood in front of a judge Tuesday for his criminal arraignment and entered a not guilty plea to charges the District Attorney’s office filed against him last month.
And for the first time, details of the incident that led to the charges were revealed.
At Tuesday’s arraignment Shaffer pleaded not guilty to one charge of felony assault and two misdemeanor counts of hit-and-run driving and willful omission to perform duty, which means a public official knowingly failed to do something they were legally required to do as part of their job.
The courtroom was packed with Shaffer’s family, friends and more than a dozen Encinitas residents who said they were there to support him. Murmurs of the charges being baseless and politically motivated filled the hallway in front of the courtroom as Shaffer’s supporters waited to be let inside.
Once there, Deputy District Attorney Chandelle Boyce detailed the incident that occurred on July 5 between Shaffer and Encinitas resident Declan Caulfield, which started because of trash bins. The entire altercation was caught on video, but not all the words that were spoken by the two parties are audible, Boyce said. The video footage has not been made public.
On the day of the incident, Caulfield was doing work outside of his home in Encinitas with his son and some hired mason workers, and because it was trash day, his trash bins were on the street near the curb. Shaffer then arrived in his truck looking for a parking space, intending to go to the beach, Boyce said.
Shaffer allegedly got out of his truck and started moving Caulfield’s trash bins to clear a space to park. Caulfield approached Shaffer and explained that it was trash day, but Shaffer told Caulfield that he was an Encinitas councilmember and argued that it wasn’t trash day. The day prior was a holiday, so July 5 was, in fact, trash day, Boyce confirmed.
Caulfield started to put his trash bins back before Shaffer allegedly knocked one of the trash bins out of Caulfield’s hands, Boyce said. Shaffer also allegedly took a piece of Styrofoam trash and threw it in Caulfield’s face, Boyce said. He then got back into his truck and allegedly reversed it about 15 feet in the direction of the trash bins and Caulfield, crushing one of the recycle bins with his right rear tire.
The car also allegedly hit Caulfield’s outstretched palms, Boyce said, pushing him back several feet.
One of the mason workers saw the incident and allegedly yelled at Shaffer, “What are you doing?”
Shaffer then allegedly said he would call the Sheriff’s deputies that work for him, Boyce said. He then got out of his truck, removed the recycle bin from underneath his truck and allegedly told Caulfield that he’d never get a permit from the city of Encinitas again.
Caulfield took a photograph of Shaffer removing the recycle bin from under his truck, also capturing Shaffer’s license plate.
During the arraignment, Judge Valerie Summers granted a modified criminal protective order for Caulfield, which says Shaffer cannot go within 100 yards of Caulfield’s home, job or vehicle, as well as Caulfield’s son’s school.
A readiness hearing is scheduled for Oct. 22, followed by a preliminary hearing in November.
“Our focus is on making sure we’re doing our job correctly and ethically,” Boyce said after the arraignment. “The standard that our office has to abide by is that, at the time we are reviewing a case, of all the available evidence that we have – if it supports beyond a reasonable doubt the charges, then it is appropriate to file the charges.”
Shaffer’s defense attorney, Isaac Blumberg, said Shaffer adamantly denies the allegations and called it a “far reach of the District Attorney” to say that Caulfield needs protection.
After the arraignment, Blumberg touted Shaffer’s military records and lack of any previous criminal record.
“I remain shocked that the District Attorney’s office filed criminal charges in this case and then elevated those to a felony as opposed to a misdemeanor,” Blumberg said after the arraignment. “I’ve seen the video and I think it’s an outrageous overreach and an exhaust of resources of the District Attorney’s office.”
“At the end of the day, it’s really simple, this is a parking dispute on the 5th of July outside of the alleged victim’s home who was trying to reserve the parking spot and did not want anybody parking there,” Blumberg continued.
He added that they haven’t seen any other evidence aside from the video, but Shaffer is looking forward to his day in court.
When asked about the allegation that Shaffer referenced his position with the City Council and allegedly threatened Caulfield’s future ability to get permits from the city, Blumberg reiterated that he watched the video, but he “didn’t hear any of that.”
If convicted, Shaffer faces up to four years in prison on the felony count. The hit-and-run charge carries up to six months in jail or a fine and the omission charge carries up to one year in jail, according to the complaint.
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.
Shaffer was elected to the Encinitas District 1 City Council seat last November.
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