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SAN DIEGO (CNS) - A San Diego man was sentenced Friday to more than 11 years in federal custody for distributing child pornography.Prosecutors say Christopher Duane Wade, 41, admitted last year to sending child porn to others and engaging in a sexually explicit conversation with an undercover agent posing as a teenage girl.According to the U.S. Attorney's Office, Wade started talking with an undercover Homeland Security Investigations agent in April 2019, thinking she was a 13-year-old girl. They arranged to meet following "more than a week of sexually explicit chats," at which point Wade was arrested.Agents seized his cell phone, which contained pornography depicting "the abuse of very young children," as well as discussions with other people in which he encouraged them "to sexually abuse minors to whom they had access, and to document such abuse for purposes of distributing it to others."Following his 135-month federal prison term, Wade will be on supervised release for 10 years, during which he will be prohibited from having contact with minors, among other conditions, according to the U.S. Attorney's Office."One of our most important roles as prosecutors is to protect our nation's vulnerable children," said U.S. Attorney Robert Brewer. "In addition to personally engaging in despicable conduct, this defendant worked to recruit others to follow in his footsteps. The sentence set forth today makes our community safer and recognizes the severe harm child pornography inflicts on its victims." 1524

SAN DIEGO (CNS) - No charges were filed Wednesday against a 19-year-old man arrested along with three teenage girls for allegedly attacking and severely beating a 56-year-old man near Petco Park.The investigation is continuing into the case against 19-year-old Dominick Wells in connection with the attack that left Edward Leon Starland on life support, said Tanya Sierra, a spokeswoman for the District Attorney's Office.Three girls, ages 14, 15 and 17, also were arrested on suspicion of felony battery, said San Diego police Lt. Matt Dobbs. One of the girls had a detention hearing at Juvenile Court Wednesday.Starland was attacked about 2:10 p.m. last Sunday near the pedestrian bridge adjacent to Petco Park, Dobbs said.Police and paramedics found the victim unresponsive.Investigators determined the victim got into an argument with a group of teenagers and was knocked to the ground, then beaten, the lieutenant said.When witnesses started yelling at the attackers to stop, they fled east on Imperial Avenue, he said.Wells was arrested about 3:15 a.m. the next morning. It was not clear if he would be released from custody while the investigation continues. 1178

SAN DIEGO (CNS) - A man was sentenced to 50 years to life in prison Friday for the car-to-car shooting death of a 16-year-old boy on a San Diego freeway nearly 20 years ago -- the second time the defendant has been sentenced for the killing.Phong Huynh, 42, was convicted in May of murder and firearm allegations for the Feb. 13, 2000, slaying of Nghia Tan Pham. Huynh was previously convicted of the killing in 2015 and sentenced to 50 years to life behind bars, but an appeals court panel overturned that conviction, leading to this year's retrial.Pham was struck in the head by one of about a half-dozen shots fired at the car he was driving on southbound Interstate 15, north of state Route 52. The case went unsolved for more than a decade until Huynh, who was living in Montana, was identified as a suspect.Both the prosecution and defense said Pham was killed in retaliation for a fight he was involved in at a San Diego pool hall, in which he inadvertently bumped a man with a pool cue while lining up a shot at a billiards table. The fight triggered another altercation days later at an area coffee shop, then the shooting of Pham, which occurred about a week after the pool hall fight.Deputy District Attorney Christopher Lawson said Huynh was friends with two men injured in the fight, while Huynh's attorney, William Nimmo, claimed his client was not present at the brawl, nor at the coffee shop.On the night of the shooting, Lawson said Huynh had a driver follow Pham as the victim drove onto the freeway, then fired on him from the front passenger seat. The prosecutor said Huynh fled to Michigan six weeks after the teen's death.The driver of the car had no idea Huynh was planning to kill Pham on the night of the shooting and declined to come forward for more than a dozen years out of fear, Lawson said, but eventually told authorities what happened after being overcome by guilt. Other witnesses also told police that Huynh bragged about committing the killing or threatened others that they might be next, Lawson said.Nimmo countered that the driver and Huynh did not like each other and he would never agree to drive Huynh in the first place, as the prosecution contended.Nimmo claimed that a pair of San Jose-area gang members were in San Diego and were on the run due to an attempted murder drive-by shooting they committed in the Bay Area. He alleged that those men lost the fight at the pool hall, and their humiliation over the altercation triggered a chain of events that led to Pham's killing.At Friday's sentencing, Nimmo requested that San Diego County Superior Court Judge Amalia L. Meza strike a 25-years-to-life gun enhancement due to Huynh's age at the time of the offense, his lack of criminal history between the shooting and his arrest, and that the gun enhancement served little purpose and doled out unnecessary punishment when other homicidal methods such as strangulation would be far more tormenting for a victim.Deputy District Attorney Christopher Lawson called the shooting "an assassination" that he described as "cold-blooded," "calculated," "pointless" and "senseless," and said Huynh displayed "a total lack of remorse" throughout the case.Meza declined to strike the enhancement, citing the terror and fear the killing caused throughout San Diego's Vietnamese community.An appellate court panel overturned Huynh's 2015 conviction on several factors, including that the defense was not allowed to postpone a portion of the trial in order to produce a key witness.The three-justice panel also ruled that Huynh should have been allowed to introduce evidence that some of the prosecution's witnesses were associated with a gang that frequented the pool hall and coffee shop. Huynh was accused of confessing to killing Pham -- an associate of some of the gang's members -- at one of the suspected gang members' homes, something his first trial lawyer characterized as "so highly improbable as to be ridiculous," according to the court's ruling.The gang evidence was not allowed to be presented at trial, as it was ruled to have no bearing on Huynh's alleged motive, but the appellate court ruled that its introduction would have allowed for "a materially different understanding of the relationships between the relevant individuals." 4287

SAN DIEGO (CNS) - A San Diego physician already facing a federal mail fraud charge for allegedly selling a false COVID-19 cure has been indicted on new charges of impersonating one of his employees to obtain hydroxychloroquine, making false statements to investigators and importing what he believed was hydroxychloroquine smuggled out of China, the U.S. Attorney's Office announced Thursday.Dr. Jennings Ryan Staley, 44, who formerly operated Skinny Beach Med Spas in and around San Diego, was indicted on the latest charges Wednesday by a federal grand jury. In addition to mail fraud, he's now charged in a superseding indictment with importation contrary to law, making false statements, and aggravated identity theft.Staley was originally charged earlier this year for allegedly marketing and selling pricey "COVID-19 treatment packs," described as a "concierge medicine experience" priced as high as ,995 for a family of four. Prosecutors allege he paid roughly per tablet of hydroxychloroquine included in the kits.The U.S. Attorney's Office said Staley's marketing materials stated customers should "NOT BELIEVE THE REPORTS THAT HYDROXYCHLOROQUINE DOESN'T WORK!" and he allegedly told an undercover FBI agent who posed as a customer that the purported treatment was a "magic bullet" and a "miracle cure."When asked whether the treatment kit would cure someone infected with COVID-19, he allegedly said, "One hundred percent," but later denied ever making the claim.The U.S. Attorney's Office alleges he tried to solicit investments for his COVID-19 cure venture, telling one customer and prospective investor that he sought a ,000 minimum investment and aimed to raise 0,000 total. He allegedly promised the customer that she would be repaid "triple your money in 90 days."Prosecutors allege Staley obtained hydroxychloroquine pills in several ways, including by soliciting them from acquaintances and employees with preexisting hydroxychloroquine prescriptions, and writing prescriptions for immediate family members and acquaintances to get the drugs "by any means necessary."He allegedly wrote a fake hydroxychloroquine prescription using the name, date of birth and prior home address of one of his employees, and took the prescription to multiple pharmacies in an attempt to obtain the drug. He also allegedly pretended to be her while ordering pills online.The U.S. Attorney's Office said Staley falsely claimed to investigators that the employee had allowed him to use her pre-existing medical condition to get hydroxychloroquine tablets.Staley also allegedly tried to obtain hydroxychloroquine through a Chinese supplier by lying to customs officials about a shipment coming into the U.S.While Staley believed the mislabeled "yam extract" package contained hydroxychloroquine powder, it actually only contained baking soda, the U.S Attorney's Office said.Prosecutors say he planned to make his own hydroxychloroquine tablets using the powder he believed he'd obtained."People must be able to trust their doctors to offer honest medical advice instead of a fraudulent sales pitch, especially during a global pandemic," said U.S. Attorney Robert Brewer. "Medical professionals who lie about their treatments to profit from a desperate, fearful public will face criminal charges and serious consequences like any other lawbreaker."Staley is due back in a San Diego federal courtroom on Dec. 17. 3426

SAN DIEGO (CNS) - A man who was a 17-year-old gang member when he killed a San Diego police officer in 1978 has been granted parole, but District Attorney Summer Stephan said today that she is hopeful Gov. Gavin Newsom will reverse the decision. Jesus Cecena, 59, was convicted of killing Officer Archie Buggs, 30, who was shot four times after he stopped a car driven by Cecena in the Skyline neighborhood.Cecena fired five times at Buggs, then paused, walked toward the fallen officer and fired a final bullet into his head at point-blank range. The officer died in the street, his hand still on his service revolver.Cecena was granted parole Wednesday during a video-conferenced hearing at Valley State Prison in Chowchilla. He was previously granted parole in 2014, 2015 and 2017, but each time the decisions were reversed.Cecena's latest parole hearing -- his 18th -- included a discussion of his criminal record, psychiatric factors, parole plans, and statements by representatives of the victim's family.``We are deeply disappointed that the killer of one of San Diego's finest officers was granted parole,'' Stephan said. ``This crime impacted the entire San Diego community and caused great pain for the family of Officer Archie Buggs.`` This fallen officer was so respected by the law enforcement community that a substation was named after him,'' she said. ``We are hopeful that Governor Newsom will review this parole grant and reverse it once again to keep this killer incarcerated.''In 1979, Cecena was sentenced to life in prison without the possibility of parole, but the sentence was reduced to a seven-year-to-life term in 1982 due to him being underage at the time of the shooting. 1708

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