A violent confrontation in Morro Bay could end without a criminal trial after a stand-up paddler accused of attacking a female surfer was granted entry into a court-ordered mental health diversion program. Andrew Eric Gustafson, a Morro Bay resident, was charged with two felony counts of assault with a deadly weapon following an altercation on Aug. 23, 2025. One count alleged force likely to produce great bodily injury. Gustafson pleaded not guilty.
The alleged victim, surfer Haylee Red-Van Rooyen, testified during a January court hearing that Gustafson collided with her in the water, then pursued her, jumped onto her surfboard, and forced her head underwater.
“I thought I was going to die,” Red-Van Rooyen testified. “He grabbed my hair and held me underwater, and I didn’t know if I was going to make it.”
According to her testimony, Gustafson repeatedly hurled vulgar insults at her throughout the encounter. Red-Van Rooyen testified that he screamed, “you f—ing b—h,’ ‘you f—ing w—e’ and ‘you f—ing c–t,’ over and over.
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San Luis Obispo County Superior Court Judge Crystal Seiler previously ruled that the alleged crimes met the criteria for Gustafson to stand trial, reports the San Luis Obispo Tribune. But a different judge, Swysen, has now granted him the opportunity to avoid prosecution through mental health diversion, a program for defendants whose qualifying mental health disorders significantly contributed to their alleged offenses.
Gustafson was originally arrested on suspicion of attempted murder, though prosecutors ultimately did not file that charge. Judge Swysen determined he represented a “low-moderate risk for violence.” His lack of a criminal record and documented diagnoses of persistent depressive disorder and generalized anxiety disorder were among the factors supporting the ruling.
Gustafson was ordered to complete two years of mental health diversion, the maximum allowable period. His treatment plan includes weekly therapy sessions and possible psychiatric medication. Deputy District Attorney Ashley L. Cervera reportedly called the plan “inadequate.” Gustafson previously attended therapy twice a week but has since reduced his sessions to once weekly.
He must also attend monthly compliance hearings and remain at least 50 yards away from Red-Van Rooyen under a court-issued stay-away order. He declined to comment to The San Luis Obispo Tribune following the hearing. If Gustafson successfully completes the program, his case will not go to trial. He will still be required to pay restitution to Red-Van Rooyen, with the amount to be determined. His first treatment compliance review is scheduled for Dec. 17.
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