A California paddleboarder is headed to trial after a female surfer told a judge he grabbed her hair, shoved her underwater, and cursed at her during a clash in open water that she says nearly killed her.
Andrew Gustafson, 60, is charged with two felony counts of assault with a deadly weapon tied to the alleged use of his paddle during the confrontation, according to court proceedings in San Luis Obispo County.
One of the charges alleges assault with force likely to produce great bodily injury stemming from the incident at Morro Strand State Beach in Morro Bay.
Haylee Red-Van Rooyen testified during a preliminary hearing that the encounter unfolded while she was surfing with a group when Gustafson entered the lineup and began taking waves through the middle of other riders.
She told the court she was positioned far down the line on a longboard when Gustafson allegedly dropped in behind her and came barreling toward her without warning.
Red-Van Rooyen described being struck from behind when Gustafson’s paddleboard slammed into her, knocking her off and leaving her stunned in the water.
“There is absolutely no reason to, you know, fly down the line when you see someone in front of you and hit them,” she told the court. “You could damage the board, you could hurt the person. … There was no reason for that.”
She said the collision left her shaken and angry, prompting her to confront Gustafson verbally so it would not happen again to someone else.
“I’m a woman that was raised to stand up for myself, and I didn’t want it to happen to anyone else, so I confronted him,” Red-Van Rooyen told the court. “Told him that wasn’t cool, that wasn’t right, not necessary.”
Red-Van Rooyen acknowledged using profanity during the exchange, admitting she yelled and called Gustafson profanities according to testimony.
Prosecutors say the argument escalated quickly and violently once Gustafson reacted to the confrontation.
Red-Van Rooyen testified that Gustafson lifted his paddle in a threatening manner, a moment she says made her realize she was in danger.
“He raises his paddle, and at that point, I know that he’s going to hit me,” she told the court. “I felt very afraid.”
According to her account, Gustafson struck her with the paddle, though her wetsuit prevented her from suffering cuts during the alleged blows.
She told the court that Gustafson continued screaming insults during the encounter. Red-Van Rooyen testified that Gustafson then grabbed her by the hair and forced her underwater, holding her down in the ocean.
“He grabbed my hair and held me underwater, and I didn’t know if I was going to make it,” she told the judge.
“I thought I was going to die,” Red-Van Rooyen added while describing the moments she was submerged.
Prosecutors presented the testimony as evidence that the paddle was used as a weapon and that the force involved posed a serious risk of injury.
Gustafson’s attorney, Ilan Funke-Bilu, acknowledged that an altercation occurred but framed it as a common surf conflict rather than a felony assault.
He argued the case amounted to “the classic story of surfer versus paddleboarder” and pushed for the charges to be reduced to misdemeanors.
A San Luis Obispo County Superior Court judge rejected that request, ruling there was enough evidence for the felony case to move forward.
“It does appear to me that the offenses in the complaint have been committed,” the judge said while ordering Gustafson to stand trial.
Court records show Gustafson was arrested in August 2025 and initially faced an attempted murder charge tied to the incident.
Prosecutors later declined to pursue attempted murder, instead proceeding with the assault charges now headed for trial.
Online records indicate Gustafson was released on a $25,000 bond following his arrest.
He is scheduled to return to court for arraignment on March 2 as the case moves through the criminal process. He has pleaded not guilty to the charges.
The Morro Bay case surfaced as another violent confrontation making headlines in the region, with a separate incident in Texas underscoring how everyday disputes can turn deadly.
In San Antonio, a 10-year-old girl was shot while riding to school with her parents after a road rage encounter spiraled into gunfire, police say.
Authorities allege Bryan Arceo, 41, opened fire from his vehicle after becoming angry that the girl’s mother honked at him.
Police say Arceo had backed out of a driveway aggressively when the horn sounded, triggering the confrontation.
According to investigators, Arceo pulled alongside the family’s minivan at a red light and fired a 9 mm handgun into the vehicle.
The bullet struck the girl, who was seated in the back, leaving her with life-threatening injuries.
“Arceo backed out of a driveway aggressively, and another driver honked at the suspect,” the San Antonio Police Department wrote. “In response, [Arceo] fired his gun towards the victim’s vehicle, striking the girl in the back seat.”
The girl was rushed to a local hospital, where she underwent emergency surgery, according to her family.
Her father, Jason Gates, told reporters the shooting happened in seconds and without warning.
“My wife was on her horn, but she was on her horn no more than three seconds,” Gates said while recounting the moments before the gunfire.
Gates said he noticed the smell of gunpowder inside the van before his daughter told them she had been shot.
“My wife looks at my daughter and says, ‘Hey, did you get shot?’” Gates recalled. “My daughter says, ‘No,’ then I opened the door a little bit.”
The parents quickly realized their daughter was injured and contacted authorities as they pulled over.
Police allege Arceo fled the scene, later dropping his ex-wife at work and taking his own child to school before being arrested.
Arceo’s ex-wife told police she looked away and heard a pop after he pointed the handgun at the van, according to an arrest affidavit.
Investigators say Arceo was booked into the Bexar County Adult Detention Center on charges including aggravated assault and child endangerment.
He was granted a $375,000 bond and is scheduled to appear in court on April 30.
Gates later told reporters his daughter has begun walking again following surgery. “She’s doing great,” he said.
