Judge reduces felony charge, dismisses another against Encinitas councilman
San Diego County judge dismisses one misdemeanor and downgrades felony assault in high-profile case stemming from July parking dispute
VISTA — Encinitas City Councilman Luke Shaffer scored a significant legal victory after Thursday’s preliminary hearing when his felony assault charge was reduced, and one misdemeanor was dismissed.
Judge Saba Sheibana was not swayed by San Diego County Deputy District Attorney Chandelle Boyce regarding the felony assault and a misdemeanor omission to perform duty. Shaffer, 45, was also charged with misdemeanor hit and run, which Sheibana said was “de minimis.” In the legal context, de minimis refers to matters too minor or trivial to be considered by the law.
Shaffer still faces the two misdemeanor counts and associated penalties such as jail time and/or fines, and is scheduled for another court appearance on Dec. 1.
Shaffer’s attorney, Isaac Blumberg, said the case will now move from a felony “track” to a misdemeanor one. Blumberg said negotiations are expected to continue with Boyce to find a solution rather than going forward with a jury trial.
“We were here a couple of weeks, months ago, and indicated that we felt that this was not a criminal act and certainly not felonious,” Blumberg told the media after the hearing. “The court agreed with that after hearing all the evidence.
Shaffer’s case ripped through Encinitas like a thunderbolt when news broke that he was charged with felony assault over a parking dispute with Chicago-based developer Declan Caulfield on July 5. Caulfield was visiting his property regarding construction in the front yard, while Boyce said at the arraignment that Caulfield was an Encinitas resident.
His residency was a source of dispute and confusion during the arraignment, but Caulfield testified he lives in Chicago and visits Encinitas about once a month.
Blumberg has long ripped the DA’s office for charging Shaffer, let alone with a felony, in what Blumberg has believed was never a criminal case.
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