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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) - A teenage boy who shot his father five times in the master bedroom of the family's Scripps Ranch condominium last year, then fired another shot through the door of another bedroom, where his mother and half- brother had barricaded themselves, will be remanded to a juvenile detention facility for as much as nine years, a judge ruled Friday.The 16-year-old defendant was tried as a juvenile and found guilty last month for the April 29, 2018, killing of 46-year-old Thanh "Sonny" Pham, as well as the attempted murder of his mother.According to prosecutors, juvenile court sentencing guidelines dictate that the boy can be held in custody until he is 25, though he could be paroled earlier than that.Superior Court Judge Louis R. Hanoian said the sentence for the convicted counts would have the boy facing a 67-year-to-life prison sentence had he been of age.RELATED: Man dead after shooting in Scripps Ranch; 15-year-old son arrestedDuring the boy's bench trial, Deputy District Attorney Mary Loeb said the teen ambushed his father, using Pham's own Glock pistol, then came "storming out of the bedroom with the gun" and began scoping the unit for his mother and half-brother, who had taken refuge inside his sibling's bedroom. Loeb said the gun was empty after the youth fired on his father, and he had to return to the bedroom to reload so he could "continue on this rampage."Defense attorney Mary Ellen Attridge argued that the killing was committed in self-defense, following years of routine physical abuse at Pham's hands. The juvenile testified that Pham often struck him as a form of discipline, including once just minutes before the shooting, knocking him briefly unconscious. He also said that Pham once shoved his mother out of a moving vehicle and his family members also testified that Pham was abusive with them and the boy.Following the shooting, the boy, then 15, fled from the condo on foot before police arrived, but was arrested about 1 a.m. the following day, roughly two miles from his home, after someone spotted him on Scripps Poway Parkway near Interstate 15. He had the handgun in his waistband and dozens of rounds of ammunition in his backpack when taken into custody, according to police.RELATED: Teen denies killing father in Scripps Ranch homeHanoian ruled that there were true findings -- the equivalent of guilty verdicts -- for murder and attempted murder, as he felt the evidence did not support claims that Pham was "a violent ogre" and "a sadistic abuser" as he felt Pham had been portrayed by the defense.During Friday's dispositional hearing -- the juvenile court equivalent of a sentencing hearing -- attorneys argued over what type of custody was more appropriate to provide the boy with proper treatment and rehabilitation.Loeb argued to have the boy placed in one of two state youth correctional facilities -- either in Stockton or Camarillo -- while Attridge sought to have the boy placed in a less-restrictive youth program in Otay Mesa, where his family could more easily visit him for the purposes of facilitating family therapy. Attridge also said she will file a notice of appeal on the boy's behalf.Hanoian ruled that the Department of Juvenile Justice's facilities provided a more thorough program to assist the boy in terms of his mental health, educational opportunities -- including college courses and career technical education -- , and rehabilitation."We need to get (the boy) up and running. We need to have him become a productive member of society and we need to give him the training, the education, and the skills and the therapy that's necessary," Hanoian said.The judge said that he did consider concerns over a lack of face-to- face family therapy with the boy housed outside of San Diego County, but said that technological means like video conferencing would allow him to undergo that therapy with family members.The boy did not make a statement during the hearing, but Attridge said he "is very remorseful about what happened here. It has changed his family's entire life and it has changed his life and he regrets having done anything to end his father's life."She also said that upon his release, she believed "he will be somebody who will never recidivate" and will leave custody "a better person, a more mature person and a nonviolent person."Pham's younger sister, Catherine Wright, said her brother was "confident, charming, funny, athletic and intelligent," a good brother to her, a good uncle to her daughter, and their parents' pride and joy.Wright said the depictions of her brother as an abuser pained her greatly and the fact that he'd been killed by his own son made it "easier to tell people that he died of a heart attack."Just as Pham had meant everything to their dad, Wright said the defendant meant everything to her brother."I cannot imagine a more horrible death for Sonny to suffer. I'm haunted by thoughts of Sonny laying on the floor in pain, gutted not just by his physical wounds, but in the realization that his firstborn son, his only son, turned on him and shot him," Wright said.She said she was not yet able to forgive the boy, but that her brother would have wanted to have his son "to have the opportunity to heal what is broken inside of him. He would want his family to be safe and loved." 5320
SAN DIEGO (CNS) - Four local restaurants and gyms are suing the state and county over its coronavirus restrictions as a shutdown of indoor operations looms for many county businesses.The lawsuit was filed Thursday in San Diego Superior Court on behalf of Cowboy Star Restaurant and Butcher Shop, Home & Away Encinitas, Fit Athletic Club and Bear Republic.The suit comes as San Diego County is slated to shut down indoor operations for nonessential businesses at midnight due to its recent entry into the most restrictive, purple tier of the state's coronavirus reopening plan.The businesses allege that San Diego's increased case numbers are not a result of exposures at restaurants, gyms and other types of businesses that will be impacted by the impending closures. The lawsuit cites recent figures indicating restaurants/bars, retail businesses, places of worship, schools and gyms make up a small percentage of confirmed community outbreaks.San Diego County Public Health Officer Dr. Wilma Wooten recently submitted an adjudication request to the state seeking to have San Diego County remain in the red tier. The request was rejected by the state last week."Penalizing the impacted sectors for case increases is wrong, as these sectors continue to do the right things, while trying to weather the ongoing pandemic and the back forth of reopenings," Wooten's request states.The businesses allege in their complaint that they may be forced to shut down permanently if the shutdown is not averted. Each business said it has had to undergo significant closures due to the pandemic, despite abiding by public health orders and implementing safety measures to remain in compliance with the orders. 1708
SAN DIEGO (CNS) - Authorities Wednesday publicly identified a 27-year-old man who was fatally shot last weekend in an apparently unprovoked attack near the handball courts at the Linda Vista Recreation Center.Officers responding to reports of shots fire around 11 a.m. Sunday at the recreation center, 7064 Levant St., found San Diego-resident Israel Castro suffering from at least one gunshot to his upper body, San Diego police Lt. Andra Brown said.Paramedics took Castro to a hospital, where he was pronounced dead, Brown said.While officers were at the hospital, a 30-year-old man suffering from a gunshot wound was brought in by a private vehicle, the lieutenant said. The man told officers he was also at the Linda Vista Recreation Center when he was shot.Witnesses told police that a man wearing a mask and shorts was seen running from the scene and getting into a white four-door vehicle that sped off southbound on Linda Vista Road, Brown said. No detailed description of the suspect was released.Anyone with information on the shootings was asked to call the SDPD's homicide unit at 619-531-2293. Tipsters can also call Crime Stoppers at 888-580- 8477. 1170
SAN DIEGO (CNS) -- A man accused of intentionally driving a pickup truck off Sunset Cliffs and into the ocean with his twin toddler daughters inside is slated to be arraigned Monday.Robert Brians, 47, is charged with 13 counts, including attempted murder, kidnapping, child abuse, child abduction, criminal threats and burglary for allegedly driving into the water on the morning of June 13 with his 2-year- old daughters inside the truck. The girls were hospitalized in stable condition, according to a GoFundMe page created to raise money for their medical bills.Brians, 47, is being held without bail pending his Monday afternoon arraignment via video conference at the San Diego Central Courthouse.About 4:30 a.m. June 13, the toddlers' mother called 911 to report that Brians had taken their children without permission and allegedly contacted her via "numerous calls and texts ... clearly stating she may not see (them) again," according to the GoFundMe.com page created Sunday.RELATED COVERAGE:Fundraiser to help toddlers involved in Sunset Cliffs crashOfficer rescues toddlers after father drives off Sunset CliffsPolice: Man drives off Sunset Cliffs with twin daughters in truckHe allegedly threatened to drive the vehicle off the Coronado Bay Bridge, but was later spotted by officers on Hill Street near Cornish Drive and sped off, careening over the side of a cliff and landing upside down in the water, according to police.Moments later, a canine officer also responding to the emergency, 22- year SDPD veteran Jonathan Wiese, arrived in the area. Reaching the scene of the crash and seeing Brians' pickup upside down in the water, Wiese grabbed a long leash he uses for his service dog, wrapped it around his chest, gave the other end to fellow officers and rappelled down the precipice.Wiese then swam out to the foundering truck and rescued the children and Brians. Medics took all three to hospitals for treatment of injuries that were not considered life-threatening. 1993