SLO County surfer wants stay-away order on paddleboarder accused of assaulting her
A female surfer is seeking a stay-away order against the paddleboarder accused of attacking her in the water off Morro Bay and holding her head under the water as the case heads toward trial.
Andrew Eric Gustafson, 60, of Morro Bay is charged with two felonies for assault with a deadly weapon — his paddle — with force likely to produce great bodily injury following an altercation with Haylee Red-Van Rooyen on Aug. 23.
Red-Van Rooyen described the alleged attack against her during a preliminary hearing on Jan. 28, claiming she feared for her life and believed Gustafson would drown her.
Gustafson was originally booked on Aug. 23 on suspicion of attempted murder, but the District Attorney’s Office never filed that charge.
He previously pleaded not guilty to all charges, for which he was re-arraigned and again pleaded not guilty on Monday in anticipation of a trial.
According to the Deputy District Attorney Ashley Cervera, Red-Van Rooyen requested a stay-away order.
At Monday’s arraignment, Cervera said Red-Van Rooyen reported to the DA’s Office that she has been “uncomfortable based on things she’s hearing in the community about things that are being said by the defendant,” noting that it was “nothing that reaches any level that we had to have discussions.”
Ilan Funke-Bilu, Gustafson’s attorney, argued the claim was “hearsay.”
“Your Honor, this is not a domestic violence case,” Funke-Bilu said. “There’s been absolutely no assertion whatsoever that my client has not complied with good citizenship the entire time he has been out on bail.”
He said Gustafson has been in Southeast Asia while out on bail and has spent only two days in the country since his last court date.
“I’ve been on country for, like, the whole time,” Gustafson said.
Judge Crystal Seiler said the court would not consider the request without any written notice but said she would consider it at the next hearing.
Gustafson will be back in court on April 6 for a scheduling conference ahead of his jury trial.
This story was originally published March 2, 2026 at 12:22 PM.
