Did SLO County councilwoman’s husband punch a 13-year-old dirtbike rider? Here’s what we know

Did the husband of an Atascadero councilwoman really punch a 13-year-old boy for riding a dirtbike in the Salinas Riverbed?

That’s what Atascadero resident Pete Martin claimed in a May 6 Facebook post on the Everything Atascadero page.

He wrote that Gordon Fuglie, Atascadero City Councilwoman Susan Funk’s husband, confronted his son and his son’s friend in the riverbed on May 5, calling the law against dirtbike riding “a bunch of B.S.”

“Let’s face it, there are far worse issues in our city and in this screwed up state (of) California than a few kids having fun riding dirtbikes,” he said in the post.

Fuglie, however, told The Tribune that Martin’s account is inaccurate, adding that much of the land in the Salinas Riverbed — and particularly the property where this incident occurred — belongs to the Atascadero Mutual Water Co.

Motorcycle riding has been a longtime tradition in the riverbed, even though it’s illegal, and this altercation has become an example of a larger dispute over just what is allowed in the sensitive area and how it should be enforced.

“It is unfortunate that others have chosen to mischaracterize and politicize this encounter,” Fuglie said.

The Tribune reached out to Martin, but he did not respond to request for further comment.

As part of The Tribune’s Reality Check series, we looked into the incident to figure out what happened.

Confrontation ensues in riverbed over motorcycle riding

According to Martin’s post, on May 5 Martin’s son and his friend were riding dirtbikes in the riverbed behind their home in the Lakes, a gated community on the east side of town — something he said his son and his friends do “responsibly” and “regularly,” despite it being against the law.

He claimed that as the two boys returned to his house, Fuglie began “screaming” at the boys and jumped in their way to stop them as they tried to pass. Fuglie and Funk also live in the Lakes, and Martin said in his Facebook post that he is neighbors with the couple.

Martin claimed Fuglie lectured the children on the law — “getting in their faces” — and tried to take pictures of their tags. He added that as Fuglie attempted to photograph the tags, Fuglie was “slapping their arms away.”

“Then out of nowhere, he punches my son’s buddy on the side of the helmet out of anger and then walks away,” Martin wrote.

In the post, Martin said the police were called.

Fuglie told The Tribune in an email that he saw two motorcycles illegally driving on Atascadero Mutual Water Co. land. He decided to photograph them in response to the company’s and city’s directives to report illegal motorcycle riding in the riverbed.

He said the two dirtbike riders stopped and “became confrontational.”

“I found myself in an escalating situation, sandwiched in close proximity between two enraged motorcyclists in full gear yelling profanity and insults,” he said. “Fearing for my personal safety, I made a natural and limited self-protective gesture to cope with the threat I was experiencing.”

He said the gesture did not involve slapping or punching, but added the gesture ended the confrontation.

In responses to Tribune questions, Atascadero Police Department Cmdr. Jeffrey Wilshusen said in an email that officers were dispatched to the area for a report of motorcycles trespassing at around 3:15 p.m. He said Fuglie had confronted two motorcycle riders and an argument ensued.

“It is alleged Mr. Fuglie struck one of the motorcycle riders with his hand on the closed-face helmet of one of the riders,” Wilshusen said.

The rider Fuglie is alleged to have struck was 13 years old, Wilshusen said.

Fuglie was not arrested at the scene because the incident was not witnessed by officers, Wilshusen said, but all parties were interviewed.

Wilshusen said a report was sent to the San Luis Obispo County District Attorney’s Office, alleging Fuglie’s conduct amounted to a battery charge.

San Luis Obispo County Assistant District Attorney Eric Dobroth told The Tribune the agency received the report on May 23. The agency declined to filed charges because of insufficient evidence, he said.

Funk said in a statement she did not have first-hand knowledge of the incident, but trusted her husband’s account.

“On behalf of myself and my family, I do want to say that I am disappointed that an action taken by my husband in good faith devolved into something unforeseeable,” she said. “I’m also disappointed that the incident and the way it has been dramatically mischaracterized by others have contributed to further polarization in our community in these already-challenging times.”

“I hope that all of us who enjoy Atascadero’s rural heritage in various ways can work together over time to build a community of safety and mutual respect,” she said.

Motorcycle riding in Salinas Riverbed longtime issue in Atascadero

Fuglie told The Tribune that the incident occurred amid a recent “upsurge in frequency and aggressiveness” by illegal dirtbike riders in the Salinas Riverbed and on the De Anza Trail.

The water company allows public use of its land for horseback riding, hiking and bicycling — but not motor vehicles, according to its website.

“Motorized vehicles, fires and firearms (including paintball guns) are prohibited,” the website said. “Many enjoy daily walks along the Juan Bautista de Anza Trail. It is AMWC’s and the city’s desire to maintain these precious riparian corridors so we can all enjoy them for many years to come.”

Motorcycle riding in the Salinas Riverbed has long been a recreation activity for Atascadero residents, but has become an issue more recently as the city looks to stem the activity.

Last July, video showed an off-roader intentionally destroying a beaver dam to dry out the upstream area and create more room to ride.

Fuglie said he spoke in a Feb. 27 Atascadero City Council meeting because he was moved by residents who shared the dangers they’ve experienced with illegal motorcycle riding in the riverbed.

The residents cited dangers to horses and their riders, pedestrians, dog walkers and the riverbed environment and described run-ins with motorcyclists that left them concerned for their safety and the safety of others.

He said he wanted to add his perspective since his home is next to the riverbed trail and “we see these dangers and risks from our house.”

At the meeting, Fuglie said he sees dirtbike riders routinely within a few feet of his backyard fence “racing back and forth” and said motorcyclists created a motocross track “in flagrant violation of the laws.”

When he’s reported violations to the water company, he said, the company told him to call the police. But motorcyclists often leave before officers arrive, he said.

“Hopefully, we can find a way to come together and return this land to its original purpose,” he said at the meeting.

The Atascadero Police Department said in April that it will begin patrolling the riverbed to stop the illegal riding after a “concerning surge.”

“We are working with other stakeholders and agencies to determine the best response to the concerns brought forth to us,” the department told The Tribune at the time. “Our primary focus is education and voluntary compliance at this time. Because each situation is different, citations or other enforcement may be taken given the circumstances and severity of the violations.”

In his Facebook post, Martin said people concerned with motorcycle riding in the riverbed need to “get a grip.”

“This bogus new law against kids and dirtbikes is creating an entitled mentality with folks to get angry and physical with our kids just trying to have fun,” he said in the post.

When a commenter told him the law prohibiting motorcycle riding in the riverbed was not new, he responded “Go to bed liberal. Dirtbikes rule.”

He said the riverbed property owned by the water company is 100 feet from his house and he has an access gate in his yard. Martin also said he also rode dirtbikes in the Salinas Riverbed when he was a kid.

“As long as kids are respectful and not being dangerous or reckless, then leave them alone,” he said.

He ended his post urging Atascadero residents who agreed with him to attend the next City Council meeting.

“Stand up for good harmless kids having fun riding their dirtbikes!!” he said. “Let’s make Atascadero Great Again!”