VISTA, Calif. (CNS) - Encinitas City Councilmember Luke Shaffer was ordered Thursday to stand trial on charges of assault and hit-and-run in connection with a parking dispute between himself and a city resident, but a judge reduced the felony assault count to a misdemeanor and dismissed another charge related to allegations that he used his position on the city council to threaten the resident.
Shaffer, 45, is accused of reversing his truck into the resident's trash cans in July, damaging a trash bin and striking the resident's hands in the process.
The dispute allegedly 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, according to prosecutors.
Shaffer then allegedly got into his truck and backed it into the bins.
During a preliminary hearing held in Vista Superior Court, 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 trash bins into the path of his truck while he was reversing, though prosecutors allege surveillance video footage from a nearby home shows he looked at the man before backing up. Deputy District Attorney Chandelle Boyce argued during the hearing that it was "an intentional act."
Afterwards, 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.
Shaffer's defense attorney, Isaac Blumberg, asked for the charges to be dismissed entirely or in the alternative, for the assault count to be reduced to a misdemeanor.
Blumberg said what occurred was "an isolated incident" that didn't rise to felony conduct and asked Superior Court Judge Saba Sheibani to take note of his client's 12 years of active-duty service in the Marine Corps, his volunteer work, and around 40 family members, friends, and community members who attended the hearing in support of Shaffer.
"He is defined by a lifetime of service and integrity," Blumberg said.
Sheibani said she would reduce the assault count because the victim did not sustain significant injuries, while also taking into account Shaffer's personal history. The judge also said that as far as ensuring public safety, 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.
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