source: Facebook
Encinitas, California – An Encinitas city councilmember is facing serious legal trouble after prosecutors filed felony and misdemeanor charges tied to a July 5 incident that left a 52-year-old resident injured.
Councilmember Luke Shaffer, who was elected to the District 1 seat less than a year ago, has been charged with felony assault by means likely to produce great bodily injury, along with two misdemeanor counts—hit-and-run driving and using his position to retaliate against a member of the public. The charges were filed by the San Diego County District Attorney’s Office and first reported by Voice of San Diego.
The complaint alleges that Shaffer “did unlawfully commit an assault upon” the victim and was also “the driver of a vehicle involved in an accident resulting in damage to property.” It further states that Shaffer “did willfully omit to perform a duty enjoined by law” as a councilmember, specifically by using his position to make unlawful threats of retaliatory action. The language in the complaint suggests that those threats could have involved obstructing permits or other entitlements.
If convicted, Shaffer faces up to four years in prison on the felony assault charge, up to six months in jail or a fine for the hit-and-run, and up to one year in jail for the omission charge. His arraignment is scheduled for Sept. 9.
The victim’s attorney, Marco Gonzalez, said in an email that the allegations are bigger than one man’s mistakes. “We expect much more out of our elected officials,” Gonzalez wrote. “For the good of his family, and of our city, I would encourage Mr. Shaffer to make a quick retreat from public life at this point.”
Shaffer did not respond to requests for comment, and Encinitas City Manager Jennifer Campbell declined to weigh in.
A veteran and a longtime high school lacrosse coach, Shaffer entered public service as a political newcomer when he won his council seat last November. But under California law, a criminal charge alone does not remove a city councilmember from office. Even a conviction would not automatically disqualify him, unless the crime involved bribery or corruption with other officials. Unless he resigns or faces a recall effort, Shaffer could legally continue to serve while fighting the charges.
