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.
Obviously the DiMaggio should be prosecuted for he4 actions, I find inclusion of the “MAGA” person as gratuitous and irrelevant, but nice try.
Your last paragraph is inflammatory and has nothing to do with what happened to this poor woman. You are inciting division when you write things like this.
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.
Unless you are Jesus Christ nobody should be attacked!! Everyone has their own journey in life.
If you believe you are a saint you should not even be on this earth.
I may not believe in what others and I don’t walk in others shoes. What you put out to this world
Is on your head so contribute wisely as Christ would.
Mentioning the MAGA hat is simply the standard practice of division used by modern media and has absolutely NO basis to this article. Why even use GAY in the title of the article instead of “Canyon Lake Business Owner files charges of assault….” yes the fact that the owner is gay is relevant to the story, but the use of it in the title is inflammatory and necessary……
The mentioning of a MAGA hat only lets the public know what everyone knows , the people who wear these hats are aligning themselves with hate groups like The proud boys, Neo Nazi militia groups and intolerant people. This hat will forever be a symbol of hatred towards others with fear and intimidation the means of punishing anyone who does not align with their beliefs. It is not made up by modern media. Follow the news and statistics. These people are terrorists they should be called out for what they do.
Kate, you are presuming and spreading the HATE that the left continues to perpetuate through out this country simply to divide us. You are no better than than those that inflame others against one another…….. grow up and be a decent person. All they want is for us to constantly fight about opinion’s instead listening to one another. you talk about intolerance…….. wow, check your mirror… lumping all who love their country into one bucket is a PRIME example of intolerance…
I’m sorry but women trying to look like men are disgusting.
Your comment is disgusting
I’m sorry that this was the only thing you could think of to say after reading this article. A human being was assaulted and had to flee for her safety. That’s what I’d consider disgusting.
Not sorry but bigots are disgusting.
You taking the time to show your poor, judgmental attitude is disgusting.
Donna, your comment is disgusting. She isn’t “trying to look like a man”, that’s just how she looks. Your a small minded human who should keep comments like that to themselves.
Very Sad a drunk thinks she calls the shots. This vendor isn’t hurting anyone just making a living. We have been here in Canyon Lake for 26 years. No problems at all. Even though alot of people come to lake to have fun. They need to be remided they dont live here, go ahead and go home. Its not hard to cival.
Yeah, the maga gratuitous comment was uncalled for, itself revealing bigotry.
Anyone providing unsolicited opinions about an individual’s appearance is disgusting. Nevertheless, the responding deputy’s response appears to be below the required level of litigation, as it pertains to scope to make the determination on sexual assault. Where as sexual assault can be defined as “unwanted sexual touching, grabbing, groping, or rubbing…”
Anyone providing unsolicited opinions about an individual’s appearance is disgusting. Nevertheless, the responding deputy’s response appears to be below the required level of litigation, as it pertains to scope to make the determination on sexual assault. Where as sexual assault can be defined as “unwanted sexual touching, grabbing, groping, or rubbing…”
Why in the world does it matter to anyone how someone looks? Buy your sandwich and move on. Live your life & stop bullying anyone who is different than you. People who do this are the ones who are disgusting. SMH
Some women I see trying to look like a women are disgusting…Sorry, but I just could not resist.
Gay, Straight, Black, Hispanic or White, this is not how we treat our neighbors. I’m an old white conservative Man and I’d not put up with this crap and would have stood firm for Brooke! Heck, after seeing this, I’ll eat there soon.
I am Diana DiMaggio. This is hateful fiction and bears no resemblance to what happened. She is a sick woman and these are not journalists or they would not have printed such an outrageous piece, without speaking to me first. Really sick way to try to drum up business from trusting souls such as yourself.
If what she said were true, I would have been arrested, obviously.
No one deserves to be treated like that. She needs to be arrested. I like new food venues opening. Still waiting for a healthy restaurant due to my fibromyalgia.
So tired of everything turning political. Journalists are not journalists anymore..they are leftist haters..including this one.
There is absolutely NO NEED to mention the MAGA hat comment at the end. The customer could have been upset that it wasn’t opened on time or when he thought it should be but he had not said anything to her regarding her sexuality. It’s obvious what side of politics the writer Stephanie Johnson is on when adding this – typical of the fake news reporting.
How can I find out where this truck is daily, I would like to be a customer.
I applaud this young couple for opening up a business to pursue their livelihood in such tough economic times. It appears that they just want to pursue their dreams of establishing a business that is both fun and successful, and those are good things. I wish them luck.
As a long-time Conservative politically, and a strong Trump Supporter, I could care less if they are Gay, Bi, Straight, or interplanetary! As long as they have a good product, and respect for their customers, and the community they serve, that’s all anyone should expect. If they choose to advertise that they are Gay owned or fly a Gay Rainbow Flag, I do not care as does not affect me or my family in the least. The only thing I ask in return is for people not to judge me for my Conservative Christian values, supporting the U.S. Constitution, the love of my country, and the love and pride I have for my American Flag!
Ms. DiMaggio was wrong to approach the Tomlinson’s as she did and her hateful rhetoric is not indicative of the vast majority of people that live in Canyon Lake, or Comal County for that matter. We should all work on coming together as a people and as a nation and stop the unnecessary division that is fueled by the media, the haters, and the ignorant!
I am Diana DiMaggio. A friend sent this to me and I am so shocked. This is fiction and I will be going to JOP tomorrow to get a copy of Deputy Minter’s report and see what the affidavit under oath states. I do not have a MAGA hat, but maybe I will go buy one, nor do I drink. This is very sick and looks like we have a biased and media outlet, here.
Well said Bill.. MOST decent people in this country want to be left alone and will leave others to their “Pursuit of Happiness” as defined in our founding documents. Other’s, need to perpetuate the hate simply to attempt to maintain control through chaos…
I’m just going to say I don’t care either way IM NOOT TO JUDGE and don’t thing others on here should either… indont think they are perfect either I mean a Sin is a sin and to the couple this happened to I hope justice is served!!!! And I WILL Support YOUR business GOOD LUCK and I AM A TRUMP SUPPORTER … MEGA
Paula, this was sent to me by a friend. It is fiction! She is a very sick woman to have made all this up, even a MAGA cap she imagined me wearing. Unreal! This is very reckless publishing, I am not hard to locate. I will be going to JOP to get a copy of the police report. This is a really desperate way to drum up business.
MAGA NOT MEGA
I’m not sure this article could even be considered to be news in that its entire contact is based on one source nd that source’s perception of truth is undoubtedly somewhat distorted. One also has to discern the motivation behind the publication of the article because of the inclusion of the MAGA hat reference.
I am so sorry this happened to decent hard working people. People who are providing a service and by the sounds of it, a nutritious delicious service, when in that vicinity one only has fast food as an option.
Shame on the INTOLERANCE of people. People are People and love is love.
Oh and don’t forget to “Love your neighbor as yourself.” Mark12:31
I also refer to the Dalai Lama’s teachings. “Compassion and TOLERANCE are not a sign of weakness but a sign of strength.”
These are not decent people to have made up such an outrageous story. I am Diana DiMaggio. Shame on this re4ckless publication. Do you not think that I would have been arrested if all that was true?
My heart goes out to Brooke and Shaeleigh for what happened to them BUT the MAGA comment at the end is completely out of line! Would Stephanie Johnson have mentioned the hat if it had a white rainbow fish on it? The only time I’ve tried to eat at the Hungry Hippie, it was closed when it should have been open. I gave the truck a disgusted look before I drove off because I was frustrated it was closed after I drove 30 minutes out of my way to try their food before my evening shift started. What would wannabe journalist Stephanie Johnson write were my reasons for leaving? Sounds like she’d pull something out of a hat and write it. How do you trust anything this Stephanie Johnson writes now knowing she fabricates what she writes. You can’t! Horrible journalism!
Whoever wrote this article could you be any more like CNN or msnbc? Because of the way you wrote this article I have no idea what the truth is. I also have to question how did sexual assault even get brought up and all of the mentions of homophobic statements and also the Maga hat makes me not really believe any of it. I’m betting that a little of that is the truth and sadly this liberal mainstream sounding article did a whole lot more damage than it did any good. You should know most people out here do not think the way you think and are not leftist liberals. As far as I’m concerned the liberal democrat bs is not welcome out here. If those are your beliefs keep them to yourself and quit trying to warp what actually happened as it sounds too much like a Twitter account and our government is doing enough narrating their own story as it is. Honestly mentioning a Maga hat basically took away any credibility of this article even if it’s true how can I trust it since it’s so much like the BS mainstream media has been trying to cram down our throats for the last 2 years.
gotta go to church or your gonna go to hell
gotta go to work or your gonna go to jail
why does it have to be like that
either all white or all black ?
Diana DiMaggio please read the article clearly. The business owner didn’t say you were wearing a MAGA hat! The journalist said that a man was wearing the hat on a different day, which has nothing to do with anything at all. Secondly Ms. DiMaggio, you did everything you did in a public place where there were witnesses ma’am, so please stop spewing more lies saying you didn’t do anything. And posting over and over saying “don’t you think I would’ve been arrested” well since no police were present when you did it, they now have to investigate and you will receive your consequence when that process is completed. You really need to get a life and stop trying to turn peoples lives upside down simply because some business flags advertising a really good product in the community were placed out WITH PERMISSION. What is this, third grade? Grow up!
She’s guilty clearly another Human judging another Human because she was taught to hate. Ms Dimaggio we’re all humans we all have the right to choose how we want to live, who we wish to have relationships with, how we wish to dress, what we want to eat and how we want to live. As long as we aren’t harming others or ourselves we all have the right to live as we so desire. You ma’am have assumed that the owner of this establishment “you don’t have to eat at” is an evil bad person. Your pre perceptions are what’s evil just like the Author of this article had to throw in a “White man with a Maga Hat” simply to portray all Americans who Support a man who only made Patriotism Cool againas Evil old Rich White Men. Wrong we only support a man who Volunteered and Called out the Liberal Ideologies that have been instilled in our Institutions for decades that went unchecked. A man who Pointed out the Deep Stae and those who want America to be part of the One World Order. A man who Called out the Fake Liberal Media who run the Propoganda machine for the Liberal Socialist Democrat Party who believe they’re all moraly Superior and think you have to be told what to think by the Government. When actually We The People the Red White and Blue Americans made up of all Social, EconomicaL and Ethnic backgrounds are fed up with those who wish to take our Rights and Freedom. We want nothing to do with what’s been destroying everything our Founders created the United States of America for. We Love Freedom ans we’re standing up with a man whos doing exactly what our Founder’s wanted him to do Volunteer to Serve our Nation for We The People, to ensure Freedom and our Right to self Govern. To Stand up fight and Defend our Constitution that ensures all of us Equal Rights. Call out and defeat anyone who tries to destroy Freedom or take our Rights. To see to it that Only the only changes to our Constitution are supported by We the People that take away non or our Rights rather give us more our make us all more Equal and Free. Tge Liberal Ideologies and Policies that have Divided Americans with Lables for far to long is what Trump ran against. He won by Uniting us as one People as Red White and Blue Americans Patriits that will end the Tyranny of the Democratic Party and ensure all our Children and this Country the United States of America will forever be Free. You ma’am have the Right to believe or hate whatever, you do not have the Right to Discriminate against anyone because you assume your morally Superior period. SHAME ON YOU.
Take a breath…remember paragraphs in school?
WOW!!!!! Where do I begin. I am so sorry that this happened. I could care less what the sexual orientation is of the owner of the food truck. Is the food good? I will go there. PERIOD. What the actual f&*k does a MAGA hat have to do with anything. Shame on the person who wrote this article.
More Liberal garbage. Love to cause a scene. MSNBC and CNN couldn’t have done it any better.
Yep.
I’m 65, live on a ranch in the hill country, spent 30yrs on drilling rigs in GOM, voted for Trump and hopefully get to vote for him again.
This story makes me sick. Here’s a young couple trying to move their life forward and better themselves. The Old BAT ought to be ashamed of herself. Hope she spends 30 days in county. That’ll drain the humidity out her. Think I’ll go find this eatery and have something different for a change.
Everything about this article-from the headline, to the ending- is the absolute worst written active I have ever read.
The title could’ve said: “Owner of Canyon Lake Food Truck Files Charges After Assault”.
I understand that this story is seemingly due to prejudices about sexual preference, but the way it is written hurts, not only the victim, but the reputation of the journalist and editor.
If I want tabloid news, with biased options, there are many options. I have always been thankful for Canyon Lake News and it’s reporting, but maybe Stephanie Johnson should take her writing skills (or lack thereof) elsewhere. This article is just another way to divide and anger, instead of providing information based on facts of the event.
Yeah! She censors too!
Shoe doggy,this story received more attention than when the dam Overflowed and gorged out the spillway , Never a dull day in Canyon Lake because of the Hills have eyes!
Keep in mind folks, Stephanie Johnson (who wrote this piece) is likely a Gen Z or Millennial. The vast majority of those generations are liberal and likely Ms. Johnson went to college to get a journalism degree. Colleges are the cesspool of liberalism, leftism, communism, socialism, BLM, CRT, LGBTQIA+ and, Trump/MAGA haters. Kids go in and come out as one of the aforementioned if they were’nt apologists for all of that to begin with. So all that said, WHY is this article a surprise to ANYONE here. Journalism is DEAD folks. And libel and lies are the RAGE (no pun intended),
I will never read an articled by this terrible author again. I am still confused. Did the woman grab her own crotch or the truck owners crotch? Also what does the man wearing a MAGA hat upset the truck wasn’t open have to do with anything? Is this author trying to say he was homophobic and looking for trouble wearing his hat to the food truck seeking services? This whole article is trash. Should be posted on CNN+ app instead where it belongs.