San Luis Obispo County District Attorney Dan Dow says a victim's rights were violated when a prosecutor in his office failed to notify the victim of a plea deal in her case. But on Wednesday, a judge denied Dow's motion to withdraw the deal.
In December 2022, a burglary was reported at the SeaCrest Oceanfront Hotel in Pismo Beach. Pismo Beach Police Officer Erin Logoluso responded and when she approached the suspect, Shawn DeLaittre, DeLaittre assaulted her.
Logoluso says DeLaittre put her in a chokehold and slammed her head into a wall. The two struggled until other officers arrived and eventually subdued him. Logoluso says she suffered serious injuries including a traumatic brain injury, a tear in her knee, and a collapsed septum. She is now medically retired from the police department.
Logoluso says she was not notified that the prosecution had offered DeLaittre a plea deal that would result in a county jail sentence and probation. When Dow was made aware, he took over the case and filed a motion with the court to withdraw the deal, citing a violation of Marsy's Law, also known as the Victims' Bill of Rights Act of 2008.
"Under our California constitution, a victim has a right to be heard at the time a plea is entered on a case," Dow said. "The reason for that is so the judge can hear what their concerns are, whether they are in favor of it, not in favor of it, and the judge can consider that."
In court filings, the defense argued that there was no violation of Marsy's Law, that Logoluso had repeatedly expressed her opposition to the plea, and that DeLaittre has bipolar disorder and a prison sentence would be detrimental to his health.
The judge denied Dow's motion and sentenced DeLaittre to 364 days in county jail and two years of probation. Dow had requested a sentence of four years in state prison.
"Unfortunately today we disagree with the court," Dow said. "We appreciate the court's time and attention but we disagree with their ruling because the plain language of the California constitution says these rights shall be enforced in the trial court or in the court of appeal and the request should be dealt with promptly by the judge. In this case, the judge relies on an outdated case decision that predates Marsy's Law and I believe was wholly inapplicable to the facts we have before us today."
"To find out that in my case, my victim's rights were violated by a prosecutor and that once it was discovered in my case and advocated by the District Attorney Dan Dow himself and it just didn't matter to the judge, it was shocking," Logoluso said.
Logoluso believes DeLaittre should have received a prison sentence and called his county jail sentence "a joke."
KSBY asked DeLaittre's attorney for comment after sentencing, but he declined.
Dow says he will meet with his team to consider an appeal. They have 30 days to file an appeal.
