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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) - An ex-con pleaded not guilty to a murder charge today for allegedly stabbing another man in an apparently random attack in a public restroom along the Pacific Beach boardwalk, 16 days after being released from prison.Martin Alvarez, 33, is accused in the Aug. 16 slaying of 39-year-old Michael Wagley, who was found mortally wounded at about 7:30 p.m. on Aug. 16 in the lavatory at 700 Grand Avenue. The victim was taken to a hospital, where he was pronounced dead.Witnesses reported seeing a man fleeing on a bicycle following the stabbing, San Diego Police Department Lt. Andra Brown said.The lieutenant said Alvarez, who matched the suspect description, was detained in the area and later arrested on suspicion of murder.The alleged motive for the slaying was unclear, but a prosecutor said the victim had no connection to his attacker.Deputy District Attorney George Modlin called the stabbing a ``random act of murder'' in which Alvarez allegedly attacked the victim from behind, stabbing him in the neck. The prosecutor said Alvarez then threw Wagley to the ground and stabbed him several more times.Modlin said that following his release from prison, Alvarez failed to report to Post Release Community Supervision and committed the murder 16 days later.It was uncertain what crime Alvarez was serving time for, though the criminal complaint alleges he has prior San Diego County convictions for assault with a deadly weapon and robbery.In addition to murder, Alvarez faces allegations of using a knife in the slaying.He was being held without bail, but a bail review hearing was set for Friday. 1627

SAN DIEGO (CNS) - A man climbed through a window of a Pacific Beach home Monday morning and attacked a woman in her bedroom before fleeing, police said.Dispatchers received a call around 5:15 a.m. from the victim, who reported that she found a man in her bedroom after he apparently entered through a window of her home on Grand Avenue near Olney Street, San Diego police public-affairs Officer Billy Hernandez said.The woman also reported that the man had attacked her, but she was able to get away and lock herself in her roommate's bedroom before calling police, Hernandez said.Officers arrived and searched the home, but found no one inside. Paramedics treated the victim for minor injuries, including a bloody nose, but she declined transport to a hospital, Hernandez said.No detailed description of the intruder was immediately available. 852

SAN DIEGO (CNS) - A woman was seriously injured when she crossed into the path of an oncoming car in Linda Vista, police said Saturday.A 72-year-old woman had just gotten off a bus at a stop on Linda Vista Road near Tait Street around 5:20 p.m., according to San Diego Police Officer Robert Heims. She walked to a marked crosswalk and began to walk across the street against the signal, Heims said.At the same time, the driver of an approaching Toyota did not stop for the pedestrian and hit her, Heims said.Paramedics were dispatched and the pedestrian was taken to a hospital. She suffered extensive head injuries, Heims said.Police don't believe drugs or alcohol were factors in the crash. 700

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