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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) - A suspect wanted for breaking into an apartment in Imperial Beach and allegedly sexually assaulting a woman while she slept was in custody Thursday evening.Alfred Ruiz-Sandoval, 24, is accused of sneaking in through a window to fondle a woman in her home early the morning of Sept. 3 in the 1300 block of Hemlock Avenue, near Tijuana Slough National Wildlife Refuge, according to Lt. Chad Boudreau of the San Diego County Sheriff's Department.The victim called 911 about 5 a.m. to report the invasion and sexual battery and told investigators the suspect ran from her home when she awoke. Officials believe the perpetrator got into the home by removing a screen from her open bedroom window.Currently, Ruiz-Sandoval is in federal custody on unrelated charges, and sheriff's detectives have obtained a separate arrest warrant, Boudreau said. 866
SAN DIEGO (CNS) - A woman who pointed what turned out to be a pellet gun at two San Diego police officers who followed her into a downtown parking structure during the Rock-N-Roll marathon is scheduled to be sentenced Friday.Mona Elease Williams, 59, pleaded guilty in September to a pair of felony counts of resisting an executive officer by threat or violence. She faces a maximum of eight years and four months in state prison.On the third day of the defendant's preliminary hearing three months ago, Deputy District Attorney Michael Runyon dismissed allegations that Williams personally used a deadly weapon in the crimes. He said that because he couldn't prove that the pellet gun was loaded, the allegations had to be dismissed.Williams -- who has convictions for burglary in 1986 and assault in 2003 and was sent to prison in 2015 -- would have faced 62 years to life behind bars if convicted as charged.The defendant's good friend, Lisa Wilson, testified that Williams texted ``death by cop'' hours before the June 3 confrontation with officers. In body-worn camera video recorded as Williams was arrested, she is seen frantically trying to explain to Officer Ronald Hamilton that she is bipolar and off her medications.``She told me she wanted to harm herself,'' Hamilton testified. The officer said Williams was acting erratically, breathing heavily and was showing signs consistent with someone under the influence of methamphetamine.Minutes earlier, an officer followed Williams after a motorist trying to find a parking space told the officer that Williams -- driving Wilson's car -- hit her from behind and took off. Runyon said Williams was spotted in the car near the entrance to the First Avenue city parking structure by an officer who thought he saw a gun pointed at him. Williams proceeded to the top of the parking structure and pointed the pellet gun at an officer, who fired two shots at her but missed.Another responding officer accidentally shot himself in the leg during the incident. 2018
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) - An 18-year-old man accused of fatally shooting his live-in girlfriend at their apartment in San Diego's Mountain View neighborhood pleaded not guilty Thursday to a murder charge.Jorge Manuel Sanchez allegedly gunned down 19-year-old Emily Cortez inside an apartment at a residential complex in the 4500 block of Imperial Avenue shortly before 4:30 p.m. July 15.San Diego police Lt. Andra Brown said officers arriving on scene found a person providing medical aid to Cortez on the upstairs walkway of the complex.RELATED: San Diego police arrest man in death of 19-year-old woman in Mountain ViewCortez was suffering from a gunshot wound to her chest and was later pronounced dead at the scene, Brown said.Detectives arrested Sanchez later in the day on suspicion of murdering Cortez.Police did not disclose a suspected motive for the shooting, but said Sanchez and Cortez lived in the apartment together and were in a relationship.Following his Thursday afternoon video arraignment, Sanchez was ordered held on million bail. He is due back in court Aug. 7 for a bail review hearing. 1111