Update: DA files petition to overturn plea deal in officer assault case
The SLO County District Attorney has now filed a Petition for Review with the California Supreme Court.
Update posted Nov. 26:
Lower court rejects DA’s petition, case heads to state Supreme Court
– California’s Second District Court of Appeal has rejected the San Luis Obispo County District Attorney’s filing of a Petition for a Writ of Mandate in the case of Officer Erin Logoluso and the alleged Marsy’s Law rights violation.
The district attorney’s office has then filed a Petition for Review with the California Supreme Court on the lower court’s decision.
Justices Gilbert and Cody, who rejected the petition, reasoned that Logoluso was informed of a plea agreement six months before Shawn Delaittre accepted the plea agreement and had been advised of all hearing dates.
Justice Yegan, the sole dissenter, reasoned that Logoluso’s objection to a plea offer and her injuries were not communicated to the court before the plea hearing, as well as her testimony that she found out about the plea agreement after the hearing.
District Attorney Dan Dow said he is “hoping that [the California Supreme Court] agree with the Court of Appeals dissenting Justice Yegan.”
Two amicus curiae letters have been submitted; these letters are written by individuals who are not party to the case but can provide additional perspectives to the court. Steve Twist, the former Arizona chief assistant attorney general, and Michael A. Hestrin, the current Riverside County district attorney, have written an amicus curiae letter in support of the Petition for Review.
Original story posted Nov. 25:
Officer Erin Logoluso at a 2019 Grover Beach City Council meeting. Photo courtesy of Facebook.
Officer’s rights under Marsy’s Law allegedly violated during legal proceedings
– The San Luis Obispo County District Attorney’s office has filed a Petition for a Writ of Mandate to California’s Second District Court of Appeal in the 2022 attack of Pismo Beach Police Department Officer Erin Logoluso. This petition was filed on Oct. 3 and alleges that Logoluso, who had served as an officer for 12 years, had her rights under Marsy’s Law violated.
Incident Details: Officer Attacked During Hotel Arrest
On December 23, 2022, Logoluso was called to the Pismo Beach SeaCrest Oceanfront Hotel for a laptop and phone burglary. Upon arrival, she was informed that suspect Shawn Delaittre was acting erratic; Logoluso had prior encounters with Delaittre for shoplifting.
Hotel staff reported that Delaittre was not a guest at the hotel; he was destroying property, such as a vending machine, acting aggressively with guests, and spreading feces on the property. There was feces noted on his body, such as the lips and fingernails.
When approached, Delaittre physically attacked Logoluso by smearing human feces on her face, scratching, choking, and pulling her hair. He also fought Logoluso for her taser and had temporary control of it. Witnesses were able to intervene, including Pismo Beach police chief Jeff Smith and sergeant Jodi Weimer. Delaittre resisted arrest, but was ultimately tasered and handcuffed.
Logoluso’s injuries included a concussion, a left temporal lobe traumatic brain injury, spinal injury to four discs, a left leg posterior cruciate ligament tear, and a collapsed septal turbinate. Due to the attack, Logoluso has seizures and post traumatic stress disorder. She is now medically retired.
Marsy’s Law: The Right to be Notified and Heard
Marsy’s Law, then known as Proposition 9, was passed by California voters in 2008. It allows crime victims certain rights, such as to be “treated with dignity and respect throughout criminal justice proceedings…notified of his, her or their rights as a victim of crime…notified of specific public proceedings throughout the criminal justice process and to be present and heard during those proceedings.”
Logoloso, second from the right, receiving a police commendation in February 2021. Photo courtesy of Facebook.
Legal Battle Timeline
On Jan. 4, 2023, Delaittre was charged on the following counts:
- Felony – first degree residential burglary
- Felony – battery with injury on a police officer
- Felony – resisting executive officer
- Felony – Pc148(A) with weapon removal
- Felony – vandalism $400 or more
- Felony – grand theft of personal property
- Misdemeanor – depositing offensive substances
- Misdemeanor – prowling
- Misdemeanor – trespass by entering and occupying
A count of grand theft of $950 or more was added on April 12, 2023.
A preliminary hearing was held on June 12, 2023 before the judge, Honorable Michael Duffy.
Delaittre was presented with a plea agreement on April 24, 2024; he pled no contest on counts of first degree residential burglary, battery with injury on a peace officer, and obstructing an officer with weapon removal in violation of section 148(b), with Harvey waivers used to dismiss the remaining counts. The plea agreement was for 364 days in county jail and a two year felony probation. The Petition for a Writ of Mandate notes that Logoluso and her injuries were not mentioned during the plea hearing; under Marsy’s Law, Logoluso had a right to provide a statement at the plea hearing.
Logoluso was opposed to a plea agreement and was not informed of the hearing; she believed the trial would start one week later. She had previously requested notification if a plea hearing were to take place.
On May 24, 2024, the Probation Department put forth a sentencing recommendation of five years and four months in state prison. On July 3, 2024, Logoluso gave a statement to the Respondent Court, which included asking for the plea agreement to be voided. The District Attorney’s office is alleging that Logoluso’s statement was used for the purpose of sentencing, rather than her views on the plea agreement, and her rights had been violated.
During the July 24, 2024 sentencing hearing, District Attorney Dan Dow informed the court of Logoluso’s rights violations under Marsy’s Law and requested for the plea agreement to be void.
During an August 14, 2024 hearing, the Respondent Court refused to investigate a Marsy’s Law violation and granted probation to Delaittre.
District Attorney Actions: Petition for a Writ of Mandate
In the Petition for a Writ of Mandate, the District Attorney’s office requests that the California Second District Court of Appeal sets aside the April 24 plea agreement and Aug. 14 sentence to allow Logoluso her legal right under Marsy’s Law. The office also requests that the Respondent Court be ordered to provide a reason why they would disagree with a decision to overturn the plea agreement and sentence.
The petition is currently pending.
