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SAN DIEGO (CNS) - A man who struck a popular local surfer in the head with a carbon fiber paddle in the water at Sunset Cliffs was sentenced Thursday to five years in state prison.Paul Taylor Konen, 34, was convicted last month of assault, with a great bodily injury allegation, for the June 26, 2018, assault on Kevin Eslinger, 56.Eslinger sustained a gash to the back of his head that fractured his skull and caused brain damage, rendering him unable to speak until days after the injury, Deputy District Attorney Matthew Greco said. An emergency room physician said the injury looked "like a hammer blow," the prosecutor said.RELATED: Sunset Cliffs paddle boarder breaks man's skull in waterEslinger, who testified during the trial in somewhat stilted speech, said he tried to explain his condition and the situation to hospital staff and police, but it was "as if someone had their hand over my mouth from the inside."Addressing the court at Konen's sentencing hearing, he said the attack continues to affect his daily life, how he communicates with his wife and swim students at El Cajon Valley High School, and has led to around 0,000 in medical bills. Eslinger said he wishes he could ease the pain and stress of his wife Janae, but "she's reminded of it every time I speak."According to the prosecution, after Konen nearly ran into Eslinger on the water -- forcing him to duck his head in order to avoid being struck by Konen's paddle board -- Eslinger objected to Konen's flouting of proper surfing etiquette.The victim said Konen remarked, "If I can catch a wave, it's mine," then ran into Eslinger's wife and regular surfing partner elsewhere among the waves, knocking her off her board.Eslinger testified that when he paddled out toward the defendant to ask him why he did that, he was struck in the head by an unknown object, which he later came to believe was an intentional blow from Konen's paddle.Konen was arrested the next day when police tracked him down to his father's van. Inside the van was the paddle used to assault Eslinger, still with a strand of hair stuck to a portion of the paddle that appeared damaged, according to Greco. The prosecutor said efforts to match that strand of hair to Eslinger through DNA testing were unsuccessful, because there was no root attached to the stray hair.Defense attorney Brian McCarthy, who maintained during the trial that Konen was simply trying to get away from Eslinger and may have accidentally struck him with the paddle, sought probation for his client.San Diego County Superior Court Judge Robert J. Trentacosta declined to grant probation, citing the extent of Eslinger's injuries and a lack of remorse on Konen's part along with a variety of changing stories from the defendant, including telling one detective that no encounter happened at all, while also telling a friend that Eslinger attacked him and he struck Eslinger in self-defense."I don't get a sense that the defendant either understands or appreciates his actions or the results of his actions," Trentacosta said.However, due to Konen's lack of criminal history, the judge did impose the low term of two years for the assault count, in addition to three years for the great bodily injury allegation.Outside court, Greco said, " It's a good day for the surfing community. It's a good day for the community of San Diego. It's a good day for the beaches to ensure that when people are out in the water, they're safe and they understand that the rules that are on land apply in the ocean and people will be held accountable for assaultive behavior."Eslinger made local headlines in 2005 when he traversed 120 miles paddling from Santa Barbara to Ocean Beach in just over a day. 3719

SAN DIEGO (CNS) - Ex-NFL tight end Kellen Winslow II, convicted of rape and other felonies stemming from sexual offenses against five women, will not be sentenced to prison for at least a few months, but attorneys disagreed in court Thursday as to when the case should move forward given logistical issues concerning the COVID-19 pandemic.Winslow, 37, was convicted in June 2019 of forcible rape, misdemeanor indecent exposure and lewd conduct counts involving three women.The same jury deadlocked on other charges related to two other women, setting the stage for a second trial slated to begin last November, but Winslow pleaded guilty to rape and sexual battery counts connected to those victims on the day trial was set to begin.The son of former San Diego Chargers legend Kellen Winslow initially faced life in prison on the original charges, but currently faces between 12 and 18 years in state prison when he is ultimately sentenced.His case, like many others, has faced delays due to the pandemic, and his Thursday hearing was held over video-conference, which has become typical since the pandemic began.Defense attorney Gretchen Von Helms argued Thursday that Winslow was entitled to be physically present when sentencing arguments are made. She said that those hearings should not be set until early next year, when conditions may be more favorable for Winslow to appear in court.Deputy District Attorney Dan Owens argued for a possible November sentencing date, saying it was "speculative" to claim live hearings might not be available until next year. Owens said attorneys could reconvene later this fall and determine then whether an in-person hearing could be held.San Diego County Superior Court Judge Blaine Bowman, who oversaw the trial, set a status conference for Oct. 15.In his trial, a Vista jury convicted Winslow of raping a 58-year-old homeless woman -- Jane Doe 2 -- in May 2018, exposing himself later that month to Jane Doe 3, who was gardening in her front yard in Cardiff, and touching himself in front of a 77- year-old woman -- Jane Doe 5 -- at a Carlsbad gym in February of last year. The Carlsbad incident occurred after Winslow was arrested, charged and released on bail.That jury could not reach a consensus on whether Winslow raped a hitchhiker in 2018 -- Jane Doe 1 -- or a 17-year-old girl -- Jane Doe 4 -- at a Scripps Ranch house party in 2003, leading to the second trial and Winslow's guilty pleas.Owens said at trial that none of the five women knew each other, yet their accounts yielded common details and similar physical descriptions of the suspect.Winslow's attorneys told jurors in his first trial that the charged incidents were either consensual sex or never occurred at all.Winslow II grew up in San Diego and attended Patrick Henry and Scripps Ranch high schools before heading to the University of Miami. He played for four NFL teams between 2004 and 2013. 2919

SAN DIEGO (CNS) - Councilwoman Barbara Bry Wednesday increased her lead for second place for the third straight day over Councilman Scott Sherman in the San Diego mayoral primary election.The two candidates with the most votes will head to the general election in November, so depending on the final vote count, San Diego voters look likely to be choosing between Assemblyman Todd Gloria and Bry.Should Gloria and Bry face off, it would guarantee San Diego its first Democrat mayor since Bob Filner resigned in 2013 and just the second Democrat elected to the nonpartisan position -- several Democrats served as interim mayors in 2005 and 2013 -- since Maureen O'Connor stepped down in 1992.Gloria, a former San Diego city councilman and interim mayor, has a more than 64,000-vote lead over both Bry and Sherman and is virtually assured to make it onto the November general election ballot.Bry currently has a 444-vote lead over Sherman, a Republican.With a projected 25,000 ballots left to be counted, and with Sherman's election-night lead of more than 3,000 votes in the rear-view, November is looking all but assured to be a showdown between the two Democrats. 1172

SAN DIEGO (CNS) - A young man who fatally stabbed an Ocean Beach transient was convicted Friday of second-degree murder.Noah Mitchell Jackson, 21, was found guilty in the June 22, 2017, killing of 65-year-old Walter "Ras" Riley. Jackson is slated to be sentenced on Aug. 23.The victim -- an Ohio native nicknamed "the Incense Man" due to his practice of selling aromatic burning sticks at local farmers' markets -- was stabbed just before 12:30 a.m. that day. Witnesses called 911 reporting that a man was attacking another man in the 1900 block of Bacon Street.RELATED: Man dies after attack on busy Ocean Beach streetResponding officers found Riley lying on the sidewalk with stab wounds to his upper body. He was pronounced dead at UCSD Medical Center.Deputy District Attorney Michael Reilly said the victim was stabbed five times, with the killing blow entering his back, breaking several ribs and puncturing his heart.Jackson confessed to a friend that he stabbed Riley, according to the prosecutor, who alleged Jackson told the friend, "I got that guy. I stabbed that (expletive).""Those are the words of a murderer," Reilly told the jury.Reilly said that some time after the killing, Jackson had a friend drive him to Kellogg's Beach, where Jackson threw the murder weapon and his cellphone into the water. Police divers were not able to recover the knife or the phone.RELATED: Suspect in fatal Ocean Beach stabbing arrestedJackson's attorney, Eugene Iredale, alleged the friend was pressured by police to incriminate Jackson and was being offered immunity for his testimony in the trial.According to Reilly, Jackson told police that he was home and asleep by 9:30 p.m. the night of the stabbing, but later confessed to another friend that he lied to police and went back out to confront the victim, though he denied fighting or stabbing him.Reilly alleged that Jackson also told the friend that he "handled" the victim because Riley had previously spat on Jackson's sister and insulted her. However, Iredale denied this alleged motive, as he said his client had substance abuse problems that led him to make several "completely random statements" to friends following the date of the killing. The attorney said the spitting incident involving Jackson's sister never occurred and "God only knows" why he said it.Iredale alleged that police originally had 20 to 30 suspects, but centered on Jackson due to a 911 call made about 90 minutes prior to Riley's stabbing.In that call, a recording of which was played for the jury, the mother of one of Jackson's friends said Jackson was at her home displaying erratic behavior and was saying he wanted to commit suicide. He'd just gotten into an argument with his girlfriend, then left the house, she told a dispatcher.Iredale alleged the clothing description she provided police -- a white sweatshirt and jeans -- vaguely resembled the attire of a suspect captured on surveillance footage running through Ocean Beach following the killing. That footage was publicly released shortly after Riley's death.Iredale said the man in the footage was Riley's killer, but looked nothing like his client.Jackson was arrested in Huntington Beach in February 2018 by SDPD detectives with the help of local police and the U.S. Marshals Service. 3290

SAN DIEGO (CNS) - An East Village couple was behind bars Wednesday for allegedly subjecting a 3-year old child to torture and sexual abuse over a several-month period while caring for the toddler at their home, San Diego police reported.Officers arrested Marcos Javier Ramirez, 27, and 25-year-old Vennesia Ruiz in the Midway area on Tuesday evening, SDPD public-affairs Lt. Shawn Takeuchi said.Ramirez and Ruiz had been entrusted by an acquaintance to care for the child when the abuse allegedly began last October, Takeuchi said. Three months later, the toddler's mother began to suspect that there was abuse occurring and notified the police, the spokesman said.Ramirez was booked on suspicion of lewd acts with a minor, forcible sex with a foreign object, torture and child cruelty, according to jail records. Ruiz was being held on suspicion of two counts of the latter charge. Both were scheduled for arraignment April 6.Takeuchi, who declined to specify the child's gender, described the suspects as "a couple" but said he did not know if they are husband and wife. He also said he was unsure what circumstances led the toddler's mother to hire them as care providers. 1183