Brooke Tomlinson, owner of Canyon Lake’s Hungry Hippie Food Truck and self-described masculine-looking lesbian, filed charges Monday against a Canyon Lake woman who allegedly pulled into the Keller Williams Heritage parking lot in Startzville and tried to run her over twice with a car before screaming homophobic slurs and grabbing her crotch after she sought help from realtors inside.
Tomlinson submitted a sworn affidavit to Comal County Pct. 4 Justice of the Peace Jennifer Saunders.
She was preparing to open her popular venue in the parking lot across from CVS when 71-year-old Diana Dimaggio, a Canyon Lake resident, allegedly drove up and began aggressively yelling at her for placing feather flags where a realtor told her to.
According to Tomlinson the woman was wearing a swimsuit and smelled like alcohol.
Things escalated quickly.
Tomlinson said Dimaggio tried to hit her with her car. After she warned the woman she would call police, Dimaggio tried to run her over again.
Tomlinson said she tried to defuse the situation by offering to move the flags.
“I do not want trouble,” she said. “I am literally here to give back to the community. If this woman has an issue I want to fix it, regardless.”
Tomlinson tried to flee into the Keller Williams real office where realtor Cindy Bull was on duty, but Dimaggio tried to block her then entered first.
The homophobic slurs escalated, Tomlinson said. Dimaggio allegedly then grabbed her crotch “to see if I was a man or a woman despite me telling her multiple times.”
Dimaggio was flapping her arms, “saying very homophobic things” and “misgendering” her, Tomlinson said.
She asked Tomlinson if she ever shut up.
“I literally wanted to crawl out of my skin,” Tomlinson said. “It sent chills down my body.”
Tomlinson said she was so upset she could barely speak. Bull pulled her outside and called the Comal County Sheriff’s Office (CCSO). Another realtor, Chelsea Evans, also arrived at the scene.
Wife Shaeleigh Tomlinson drove up in her car.
Dimaggio, who’d left the scene, called Keller Williams to see if law enforcement had been contacted.
CCSO Deputy T. Minter arrived to take a statement and seemed genuinely concerned, Tomlinson said.
Minter told her Dimaggio cannot be charged with sexual assault since penetration did not occur, but said other charges such as assault or hate crime might be filed, Tomlinson said.
Keller Williams Heritage realtors declined comment through General Counsel Garret Brandt, who cited the pending investigation.
A phone number listed for Dimaggio is no longer in service and she could not be reached for comment.
Comal County Sheriff’s Office Spokesperson Jennifer Smith did not immediately respond to a request for information about Minter’s report. District Attorney Jennifer Tharp also did not respond to an email from MyCanyonLake.com about possible charges.
On Facebook, Canyon Lake Chamber of Commerce Executive Director Kim Collora said Dimaggio is not a member, as she claimed. The woman also told Tomlinson she serves as president of several homeowners’ associations. This information could not be verified.
Tomlinson, who lives in Canyon Lake, said she opened her food truck for business over Memorial Day weekend. Business is brisk.
Everything is homemade, she said. Hand-cut garlic-aiolo, loaded-asada and bacon-cheese french fries are house specialties along with hamburgers made from locally sourced meat.
“I was like, this is what we need,” she said. This is my dream. I finally got a schedule and a good place close to home with lots of support right there. Everybody’s thankful and loving it. It’s just exactly what I’d hoped for.”
Although she’s encountered few “haters” in Canyon Lake, Tomlinson it’s not uncommon for her to attract stares in public restrooms, which she tries to avoid for this reason.
Last week, a man wearing a white MAGA hat drove up to the Hungry Hippie Food Truck 45 minutes before it opened.
Angered that it wasn’t, he became angry and started shaking his head, wishing her good luck staying open.