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Judge denies request to withdraw plea deal in Pismo Beach assault case

August 15, 2024

Erin Logoluso

By KAREN VELIE

A judge on Wednesday denied San Luis Obispo County District Attorney Dan Dow’s request to withdraw a plea deal for a violent assault of a Pismo Beach police officer because the prior prosecutor assigned to the case violated the victim’s rights. Dow is considering filing an appeal.

“I believe that the court is wrong, but I respect her decision,” Dow said. “I am considering our options now for what the next step will be. But, it is a sad day in California when a trial court judge says that the Constitutional right of a victim to be heard in court at the time of plea cannot be enforced. A Constitutional right that cannot be enforced is no right at all.

On the morning of Dec. 23, 2022, Shawn DeLaittre allegedly burglarized the SeaCrest Oceanfront Hotel in Pismo Beach. After officer Erin Logoluso attempted to detain the suspect, DeLaittre strangled and beat her leaving the officer permanently disabled.

Deputy District Attorney Julie Antos recommended a year in jail as part of the plea agreement. Logoluso objected to the sentencing noting that her victim’s rights had been violated and that Antos had not properly detailed DeLaittre’s criminal.

Shawn DeLaittre

Shawn DeLaittre

“Julie Antos has historically done these plea deals that manipulate her conviction ratings,” Logoluso said. “The fact that she missed a pending felony case for kidnapping and assault with serious bodily injury proves negligence and incompetence. I an an advocate for justice and victim’s of violent crimes.”

During a sentencing hearing last month, Dow asked the court to pause the sentencing because Logoluso’s victim’s rights had been violated and to allow the introduction of evidence of previous assaults. Dow then removed Antos from the case. The judge agreed to set a new hearing for Aug. 14.

On Wednesday, Judge Crystal Seiler denied Dow’s motion to withdraw the plea deal and sentenced DeLaittre to one year in county jail and two years of probation. The verdict brought Logoluso to tears.

Judge Seiler than warned DeLaittre that this would be his only jail sentence because he now has a strike, and that his next conviction would result in a prison sentence. Seiler also informed DeLaittre his restitution to Logoluso would be hefty because he had forever changed her life.

When DeLaittre violently assaulted Logoluso he was on probation. A court had previously convicted him for strangling his girlfriend and he was also facing felony charges for kidnapping and battery resulting in great bodily harm.

 

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I see much frustration with the presiding judge, but the judge is not responsible for creating the plea deal—the terms of that deal is 100% on the DA’s office. That Dow’s office neglected to insist that the victim be heard at sentencing (that’s a typical thing, is it not?) as part of the plea deal means that the violation of the victim’s rights is on his office, not on the court or judge. The DA’s team made a deal, and the judge enforced it. End of story. Direct your wrath where it belongs.


3

These judges need to be for the innocent, not trying to manipulate conviction ratings. IF she refuses to hear the whole story, look at ALL the evidence, how does she think she is bringing justice? We should have some sort of online sight, (does one already exist?), so we can see every conviction a Judge brings. That way we can vote them in based on merit according to our beliefs. I mean, every time I go to vote, and they throw these judges names out there, I have no clue who they are, nor their records.


-2

He will be Free in a few short months to beat up more women. Will the judge be liable if he kills the next one? Didn’t think so.


20

Looks like the judge is sending a message to our DA at the expense of justice.

“Don’t come in after the story goes public and try and make nice with the voters, pay attention and do the job you were elected to do.” Reminds me of our secret service.

No pride, attention to detail, sense of responsibility and no commitment to the mission.

I’m starting to understand why China surpassed the US in manufacturing.


18

It’s called being a Government employee.


4

This case stinks to high heaven! Antos seems incapable of performing her job correctly and should be fired immediately. The monster DeLaittre was on probation at the time for another horrific crime when he attacked Officer Logoluso, so as far as it should be concerned, DeLaittre is a habitual offender/criminal.

To hell with the “strike”. He should be in prison now, not if and when he commits his next crime. Twenty years would have been a good start.

Our entire justice system is absolutely broken from the top down. Favoring the criminal and not the victim is the most appalling thing in the world.

Best wishes to you and yours Officer Logoluso. This monster DeLaittre will get what’s coming to him guaranteed.


60

How long has Dan Dow been doing his job?, he didnt catch the violation of the victims rights until it was too late, maybe Dow should put a little attention into his job, but I’m guessing Dow will still put this into the win column, using his warped parameters.


34

Excellent example of our broken judicial system. Outrageous miscarriage of justice. This thug needs to be locked up for a long long time.


52

Future news stories about this guy will include the word “murder.”


38

Judge Crystal Seiler should go to jail in my opinion…


29

I know the perfect cell mate for her.


0

Why blame the judge for the DA’s mistakes? This is similar to what happened with Bill Cosby. Let this be a reminder about what Kamala Harris said about the power of a prosecutor who can ruin an innocent person’s life with the swipe of a pen.


4