Talk of settlement for ex-SLO police officer accused of COVID violations at his wine bar
An arraignment hearing in Santa Barbara County Superior Court for an Orcutt wine bar owner has been continued to mid-June amid talks of a possible resolution.
Former San Luis Obispo police officer Kurt Hixenbaugh, 49, has been charged with two counts of violating a the stay-at-home order and two counts of failure to file a public health order, according to the criminal complaint filed last month in Santa Maria Superior Court.
Some counts are related to COVID-19 public health orders issued Dec. 11, 2020, while the others are related to orders issued in January.
The Department of Alcoholic Beverage Control recommended filing charges after investigating Vino et Amicis in Old Town Orcutt and citing the business.
The criminal complaint alleges the wine bar owner violated public health orders on multiple days.
Hixenbaugh is co-owner of Vino et Amicis and hadn’t been shy about opposing the orders, posting several videos to his YouTube channel explaining his stance.
For Thursday’s court hearing, Hixenbaugh was represented by Jordan Cunningham, an attorney who also represents the 35th District in the California State Assembly.
Both men along with Deputy District Attorney Wynn (Nguyen) Tran appeared virtually for the arraignment hearing before Judge Gustavo Lavayen, but the defendant did not enter a plea.
Because of ongoing discussions between Chief Deputy District Attorney John Savrnoch and Cunningham, the judge agreed to continue the arraignment hearing to June 15 for possible settlement or setting additional court dates.
Cunningham also said he intended to file a written demurrer to challenge the sufficiency of the pleadings.
“Obviously, if the case is dismissed at that time, the demurrer would be moot,” Cunningham added.
After Noozhawk reported on the filing of criminal charges, supporters created a GoFundMe site for Hixenbaugh’s legal costs, raising a little more than $9,100 as of Thursday evening.
“We’re gonna fight it,” Hixenbaugh said in an April 6 video, adding that the legal battle would be “a little spendy.”
“That would be super helpful if you want to get behind us and help fight Sacramento and help fight this county,” he added.
If convicted, Hixenbaugh would face a maximum penalty of six months in jail and/or a $1,000 fine for each misdemeanor charge .
Hixenbaugh served as a San Luis Obispo police officer from 2002 to 2018, according to city records.
A frequent conservative commenter on Facebook, Hixenbaugh in 2017 weighed in on a controversy involving his colleague, Sgt. Chad Pfarr, who said in a New Times article that some sexual assault victims “conjured” reports of rape after consuming too much alcohol.
Commenting on the San Luis Obispo Police Department’s Facebook page, Hixenbaugh defended Pfarr, calling him an “outstanding, ethical, and professional police officer.”
“The media, however, has a proven track record of taking police statements out of context and or using partial statements for their own twisted agendas,” Hixenbaugh wrote.
Noozhawk North County editor Janene Scully can be reached at jscully@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.
This story was originally published April 30, 2021 at 2:09 PM.