A paddleboarder who was arrested for attacking a surfer may not go to trial. Andrew Eric Gustafson, 60, who allegedly attacked a surfer with a paddle and held her head underwater, may avoid a criminal trial through a court-ordered mental health treatment program, as the San Luis Obispo Tribune reports.
The original confrontation occurred in Morro Bay in August 2025. The surfer, Haylee Red-Van Rooyen, described the altercation in a January court appearance. According to her, Gustafson took a wave behind Red-Van Rooyen, collided with her and knocked her off the board. When she confronted him, he became aggressive. First he hurled expletives and insults at her, then got back on his board and began to chase her. Finally he hit her with his paddle and held her head underwater.
“The three words that he was saying over and over that day was, ‘you f—ing b—h,’ ‘you f—ing w—e’ and ‘you f—ing c–t,’ over and over,” she said. “I thought I was going to die,” she added, “He grabbed my hair and held me underwater, and I didn’t know if I was going to make it.”
Gustafson was subsequently arrested and booked into San Luis Obispo County Jail on suspicion of attempted murder, felony assault with a deadly weapon and misdemeanor battery. He was eventually charged with two felony counts of assault with a deadly weapon, to which he pleaded not guilty.
However, Gustafson may not see trial. Originally, San Luis Obispo County Superior Court Judge Crystal Seiler ruled that the alleged crimes met the criteria for Gustafson to stand trial. However, on Monday, a different judge approved mental health diversion – a pretrial diversion program that allows eligible defendants to participate in mental health treatment instead of criminal prosecution.
San Luis Obispo County Superior Court Judge Catherine Swysen approved the motion due to Gustafson’s lack of a criminal record, documented diagnoses of persistent depressive disorder and generalized anxiety disorder and the fact he was deemed “a low-moderate risk for violence.” His treatment plan will consist of weekly therapy sessions and potential psychiatric medication. In addition, he will be required to attend monthly compliance hearings at the court and stay 50 yards away from Red-Van Rooyen.
Though Gustafson will not go to trial if he complies with the order, he will still be ordered to pay restitution to Red-Van Rooyen. The amount has not yet been set, and his next court date is scheduled for December 17.
