In August of 2025, State Parks rangers responded to an altercation between a man on a paddle board and a woman who was surfing off Morro Strand State Beach.
Andrew Gustafson was arrested and charged with assault with a deadly weapon and force likely to produce great bodily injury.
The case was set to go to trial, but that changed on Monday.
In the investigation and developing the case, it became apparent that my client suffered from a mental health condition, said Ilan Funke-Bilu, Gustafson’s attorney.
Funke-Bilu says Gustafson was diagnosed with disorders on the DSM-5 list, which makes a defendant potentially eligible to enter into a two-year mental health treatment program, pausing the criminal proceedings.
Funke-Bilu tells KSBY News that the program has to be completed to the satisfaction of the court, and if completed, the charges would be erased.
If he doesnt progress satisfactorily according to the court, the court has the power to terminate diversions proceedings and reinstate criminal charges, Funke-Bilu said.
I would much prefer to see there be a conviction and have the mental health treatment be a component of their probation if theyre given probation, a part of their sentence, a part of their accountability structure, said Dan Dow, San Luis Obispo County District Attorney.
Dow said that hes seen many of these diversion cases since the law took effect a few years ago.
“We dont want mentally ill to suffer from mental illness, but people in the community deserve to be able to live free from harm committed by people from mental illness, Dow said.
Dow added that this type of diversion can sometimes be hard for the victims.
Im confident that the victim was not happy that Mr. Gustafson was eligible for diversion, but we work with them; we are also going to be asking for restitution,” Dow said.
Funke-Bilu says that his client will have work to do.
Its not something that hes jumping up for joy; he know its going to be a lot of work, lot of self-introspection, Funke Bilu said.
Gustafsons next court date is set for Dec. 17.