SLO County prosecutor files Supreme Court appeal over victim’s rights

November 4, 2024

By KAREN VELIE

San Luis Obispo County District Attorney Dan Dow filed an appeal with the California Supreme Court last month arguing the victim’s rights of a Pismo Beach police officer assaulted on the job were violated. Specifically, the officer’s right under Marsy’s Law to register an objection to a plea bargain before
it is accepted by the court.

“In this case, the peace officer victim was never afforded that opportunity despite being ready, willing, and able to do so,” Dow wrote in his appeal. “Additionally, the lower court declined to even reach the issue of whether a Marsy’s Law violation occurred. Though Marsy’s Law gives crime victims these and other specific rights in the criminal justice process, it fails to specify the remedy in the event rights are violated.”

In his appeal, Dow argues the court had both “the power and the duty to find that a Marsy’s Law violation occurred.”

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.

A judge in August 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.

During a sentencing hearing in July, 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 Aug. 14, 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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