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SAN DIEGO (CNS) - A man stabbed his housemate to death in Chula Vista two years ago, then stuffed the victim's body into a barrel that he and another man dumped into San Diego Bay, a prosecutor alleged Tuesday, while defense attorneys maintained that the evidence against their clients was entirely circumstantial. Timothy John Cook, 54, is charged with the Sept. 30, 2017, murder of Omar Medina, 28, and co-defendant Derrick Spurgeon, 40, is charged with being an accessory for allegedly driving the boat used to dump the victim's body, which was located 12 days later inside the barrel, which had been weighed down by a makeshift anchor made of wire and cinderblocks. Medical examiners said Medina had been stabbed more than 60 times in the chest, back, neck and head. RELATED: Man whose body was found in a barrel had been stabbed 66 times; suspect pleads not guiltyDeputy District Attorney Cherie Somerville said in her opening statement that Medina and Cook both worked at a scaffolding business for Cook's younger brother and were living together at a home in Chula Vista. In a text exchange with his brother, Cook expressed annoyance with Medina over his drinking and sloppy household behavior, leading Cook to eventually kick him out of the house, according to the prosecutor. Sommerville also noted that Medina had recently come into a substantial amount of money via an ,000 settlement he received in a lawsuit. Medina's family never heard from him after Sept. 30, and filed a missing person's report soon afterward with Chula Vista police. Medina's unlocked car was found about a week later on Oaklawn Avenue, not far from the home he shared with Cook on McIntosh Street. Numerous belongings, including his computer and guitar were inside the vehicle. RELATED: Family of man found in barrel works to find closure, thanks Chula Vista PD for their effortsDuring that time period, Cook had told his brother that he was out of town in the Northern California city of Oroville, but Somerville said evidence indicates the defendant never left San Diego County. Defense attorney Kara Oien countered in her opening statement that there was no hard physical evidence tying Cook to Medina's death, and told jurors the district attorney was relying on circumstantial evidence to come to a false conclusion that her client killed Medina. The attorney said the prosecution lacked a murder weapon and witnesses to the murder, which allegedly occurred during the daytime hours of Sept. 30 at the Chula Vista home. Oien said Cook's agitation over Medina's sloppiness was far from indicative of a motive to kill and that Cook would have tried to get closer to Medina if he really wanted his settlement money, rather than kicking him out of their house. RELATED: Bodycam video shows officer confront accused killer of man found in barrelAccording to the prosecution, Cook enlisted Spurgeon's assistance on Oct. 11 to haul the barrel and dispose of it. Surveillance footage allegedly captures the men in a green Ford F-150 owned by Cook's half-brother, which is seen towing Spurgeon's boat from El Cajon to the bay. Somerville alleged that a barrel matching the one containing Medina's body can be seen in the bed of the pickup in the footage. She also said a search of the McIntosh Street home yielded additional indications that Cook was covering up the murder, such as removal of his home's kitchen sink and stripping down Medina's room, which was located in an attached building on the property. Oien said Cook was merely fixing up the home, and that he had an agreement with his landlord to make occasional repairs in exchange for lower rent. Spurgeon's attorney, Roland Haddad, said there was no evidence that his client had any knowledge of assisting Cook of disposing Medina's body, if Cook even committed the murder at all. The men exchanged phone calls on Oct. 11, but Haddad said there was no evidence regarding what discussions they had over the phone, nor what was said on the alleged boat ride when Medina's body was dumped into the water. 4056

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) - As San Diego County heads into a "Halloweekend," public health officials are urging members of the public to practice COVID-19 protocols -- including avoiding large gatherings such as Halloween parties and door-to-door trick-or-treating."These activities involve face-to-face interactions with people from different households," said Dr. Wilma Wooten, the county's public health officer. "If a COVID-19 infection is detected among a participant, it will be very difficult to find and notify those who may have been exposed."These traditional Halloween celebrations are not advised, and large gatherings are not allowed, under state or local health guidance. The county has reported dozens of community outbreaks in the past week.Wooten said some alternate activities to make sure children can have a safe and fun holiday include:-- Online parties/contests such as costume or pumpkin carving-- Drive-through events and car parades-- Decorating up homes and yards with Halloween-themed decorations-- Movie nights with household members or at a drive-in theater-- Pumpkin patches where people use hand sanitizer and maintain 6-feet of distance from others"Please be safe and stay healthy this Halloween weekend," Wooten said. "A boo and a cackle can be great fun, but COVID is definitely not."A full list of county recommendations for what -- and what not -- to do over the Halloween weekend can be found at https://www.sandiegocounty.gov/content/dam/sdc/hhsa/programs/phs/Epidemiology/Halloween%20Guidelines%2010.15.20.pdf 1546

SAN DIEGO (CNS) - A San Diego federal judge has again denied a Chula Vista church's request to challenge the state's COVID-19-related restrictions on indoor worship services.South Bay United Pentecostal Church, which lost a challenge to the restrictions earlier this year when the case went before the U.S. Supreme Court, filed an amended complaint this summer in its ongoing lawsuit arguing that California's restrictions on indoor services and singing are unconstitutional.U.S. District Judge Cynthia Bashant, who denied the church's request for a preliminary injunction in May, also denied South Bay United's latest request in a written order signed Wednesday.Bashant echoed much of her previous reasoning in denying the church's request, though South Bay United's latest complaint and her ruling took into account the shifting state of the virus locally.South Bay United argued in court papers that the state's "scientific pronouncements" are "largely baseless," as by "all reasonable scientific measurements," the COVID-19 health emergency "has ended."Bashant disagreed with the church's assessment of the current picture, and wrote that limitations to indoor worship attendance do not restrict one's ability to attend religious gatherings, as long as they are held outdoors.The judge wrote that the current COVID-19 situation in San Diego County holds that worship services may be held outdoors, with singing and chanting permitted. Indoor worship is limited to 100 people or 25% of building capacity -- whichever is fewer -- with singing and chanting prohibited.The church has argued that outdoor worship and services held over video-conferencing are "inadequate substitutes" and that the public health orders prohibit the church "from holding the services mandated by scripture."It also argued that California arbitrarily allowed certain sectors considered essential to stay open and conduct indoor operations, while discriminating against religious institutions.Bashant disagreed that public health officials have shown a pattern of discriminatory enforcement of COVID-19 health orders against religious institutions.She wrote that through Aug. 26, the county served 10 cease-and-desist orders or compliance letters to businesses or other entities, three of which were places of worship.Additionally, she wrote that through Aug. 26, 144 citations were issued for health order violations, none of which were to places of worship or people engaged in religious services. 2485

SAN DIEGO (CNS) - According to research published Friday by UC San Diego School of Medicine and San Diego State University researchers, the risk of contracting COVID-19 from handling trick-or-treat candy that has been in contact with a coronavirus-positive person is minimal, but not zero.In the study published Friday in the journal mSystems, the researchers analyzed the viral load on Halloween candy handled by patients with COVID-19.SARS-CoV-2, the virus which causes the illness COVID-19, is primarily transmitted by respiratory droplets and aerosols. The risk of infection by touching fomites -- objects or surfaces upon which viral particles have landed and persist -- is relatively low, according to multiple studies, even when fomites are known to have been exposed to the novel coronavirus. Nonetheless, the risk is not zero."The main takeaway is that although the risk of transmission of SARS- CoV-2 by surfaces -- including candy wrappers -- is low, it can be reduced even further by washing your hands with soap before handling the candy and washing the candy with household dishwashing detergent afterwards," said co-senior author Rob Knight, professor and director of the Center for Microbiome Innovation at UCSD."The main risk is interacting with people without masks, so if you are sharing candy, be safe by putting it in dish where you can wave from six feet away," he said.As San Diego County heads into a Halloweekend, public health officials are urging members of the public to practice COVID-19 protocols -- including avoiding large gatherings such as Halloween parties and door-to-door trick-or-treating."These activities involve face-to-face interactions with people from different households," said Dr. Wilma Wooten, the county's public health officer. "If a COVID-19 infection is detected among a participant, it will be very difficult to find and notify those who may have been exposed."These traditional Halloween celebrations are not advised, and large gatherings are not allowed under state or local health guidance. The county has reported dozens of community outbreaks in the past week.For their study, the researchers enrolled 10 recently diagnosed COVID- 19 patients who were asymptomatic or mildly symptomatic and asked them to handle Halloween candy under three different conditions: Normally with unwashed hands, normally with washed hands and extensive handling while deliberately coughing.The candy was then divided into two treatments -- no post-handling washing and washed with household dishwashing detergent -- followed by analyses using real-time reverse transcription polymerase chain reaction, the same technology used to diagnose COVID-19 infections in people, and a second analytical platform that can conduct tests on larger samples more quickly and cheaply. Both produced similar findings.On candies not washed post-handling, researchers detected SARS-CoV-2 on 60% of the samples that had been deliberately coughed on and on 60% of the samples handled normally with unwashed hands. However, the virus was detected on only 10% of the candies handled after handwashing.The dishwashing detergent was effective for reducing the viral RNA on candies, with reducing the viral load by 62.1 percent.The researchers had also planned to test bleach, but noted that bleach sometimes leaked through some of the candy wrappers, making it unsafe for this type of cleaning use.The study authors underscored that the likely risk of SARS-CoV-2 transmission from candy is low, even if handled by someone with a COVID-19 infection, but it can be reduced to near-zero if the candy is handled only by people who have first washed their hands and if it is washed with household dishwashing detergent for approximately a minute after collection.Knight led the study with Forest Rohwer, viral ecologist at San Diego State University, and Dr. Louise Laurent, professor at UC San Diego School of Medicine. 3937

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