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SAN DIEGO (CNS) - A former La Jolla Country Day School teacher who had a sexual relationship with a 17-year-old female student over the course of several months was sentenced Wednesday to probation and community service and was prohibited from teaching again in any capacity.Jonathan Sammartino, the 37-year-old son of U.S. District Judge Janis Sammartino, could have faced up to one year in local custody and sex offender registration following his guilty plea to a felony count of unlawful sexual intercourse with a minor. He previously faced two other felony sex counts that could have had him facing prison time, but those counts were dismissed after he pleaded guilty in August.Deputy District Attorney Martin Doyle said the plea agreement was reached in part because the victim, identified only as "Jane Doe" in court proceedings, did not want the case to go to trial. She also declined to virtually attend Wednesday morning's sentencing hearing.Doyle said the victim was content that the case is resolved and has "changed and healed" since her interactions with Sammartino, which occurred in 2016."It's her wish to move on with her life," the prosecutor said.San Diego County Superior Court Judge Charles G. Rogers ordered the defendant to complete his 400 hours of community service at any nonprofit organization by next August.In declining to impose sex offender registration, Rogers cited a U.S. Supreme Court case that found registration was most suited for those considered dangerous and likely to re-offend.The judge said though Sammartino's conduct toward the victim could be considered predatory, due to their age difference and his abuse of a position of trust, "there is not an iota of evidence that this conduct was an expression of an underlying character trait on his part. I see no indication that this man is predatory or is likely to repeat this conduct with another person or is a danger to others."Rogers also cited a bicycling accident Sammartino suffered about a year prior to the offenses, which the defendant and his attorney say caused a brain injury that inhibited his impulse control and ability to make reasonable judgments. The judge said he didn't think the injury excused Sammartino, but said he believed it was a contributing factor to the offenses.Sammartino made a statement to the court, in which he said, "I am very sorry for everything that has happened and for the misery caused by my unfortunate involvement with Ms. Doe. I know that my behavior's disrupted her life, my own life, and the community."He said he was "not the same person" he was before the bicycling accident and was continuing to seek treatment for "my mental impairments that led to those behaviors."Sammartino said he would find another line of work in order to serve the community.Though his probation terms prohibit him from teaching, his attorney, Eugene Iredale, said Sammartino's doctoral degree precluded him from needing a teaching credential, which he would otherwise be required to surrender.Instead, Iredale said his client has pledged not to teach again, and cannot do so in any practical way, "because in the age of the internet, there is truly no ancient history.""As, of course, a condition of this plea agreement, and without hesitation, he has pledged that he will not seek to teach anywhere ... and that means anywhere at any level in any way, including private tutoring, including college instruction or community college," the defense attorney said.In testimony earlier this year at Sammartino's preliminary hearing, the victim said the first sexual encounter happened in early 2016, when he arrived at her home unannounced around midnight. She said she went outside to meet with him in his car, at which point he told her he didn't trust himself around her.Sexual encounters occurred that night in his car and on several other occasions in his vehicle and his house over the next few months, she testified.The victim, who went on to attend UC Berkeley, filed a report with campus police in the summer of 2018. Charges were filed later that year.In a recorded phone call played during the preliminary hearing, Sammartino admitted to the past encounters with the victim."Why did you do it? You knew I was 17," Doe says on the recording. "You knew I was your student. You knew it was my first time and I lost my virginity to you.""I don't have a good answer, because I wasn't thinking through what I was doing," he replied, apologizing to her several times throughout the call. "I can't believe that I did that." 4549
SAN DIEGO (CNS) - A 44-year-old man suffered a serious cut on his hand early Monday morning when he was attacked by a woman with a knife after parking his car in the City Heights area, police said.It happened shortly before 12:10 a.m. in the 4900 block of University Avenue, east of Euclid Avenue, San Diego police Officer John Buttle said.A 44-year-old man had just parked his car on University Avenue when a woman in her 20s walked up to him and said he owed her some money, Buttle said.The woman then tried to stab him in the neck, but he raised his hand and she cut the webbing of his hand, slashing an artery, the officer said.The victim was taken to a hospital for treatment of his injury, which was not believed to be life-threatening, Buttle said.The suspect was last seen walking southbound on 50th Street from University Avenue. She was described as a Hispanic woman with tattoos on her face. No detailed clothing description was immediately available. 970
SAN DIEGO — San Diego County is falling into the state’s most restrictive tier of Coronavirus restrictions, just as holiday shopping season kicks off.Under the purple tier, retailers are limited to 25 percent capacity in their stores, down from 50 percent that they had been operating under.Ariel Hujar, who owns the Whiskey and Leather boutique at One Paseo, stocked up on all sorts of gifts for the holidays, including books, cocktail shakers and card games.“We prepare, we buy extra so if we don't sell it during this time it's really hard on us,” she said.The new tier is the latest turn in a topsy turvy year that has seen retailers go from curbside pickup only to 50 percent in store capacity, cut to 25 percent. The new tier takes effect at midnight Saturday "It doesn't help me to be angry about the loss of business," said Nancy Warwick, owner of Warwick's bookstore in La Jolla. "What we can do is just do our best right now and hope that customers still support us."At Grossmont Center's Prevue Formal and Bridal, General Manager Caitlin Todd said walk-ins could soon have to be turned away. While bridal sales are up, sales of prom dresses are down 90 percent.“It's been kind of just hanging on tight and figuring it out day by day,” Todd said. “We do have to create a new way of setting up our store, but that's just what everyone's used to doing now - changing everything."Miro Copic, a marketing professor at San Diego State University, said social media marketing and offering discounts of even 5 to 10 percent could make the difference.“For some of these retailers it will be a decision between life and death, of, will their business go forward, and are they willing to break even to ensure that they continue, versus trying to make sure they eke out a profit,” he said.The state says jobs in the county's general merchandise retail stores are down about 12 percent from a year ago. 1908
SAN DIEGO (CNS) - A former Navy man was convicted of second-degree murder Friday for fatally stabbing his estranged wife, whose body was found in San Diego Bay nearly two years after she vanished.Matthew Scott Sullivan, 35, was found guilty for the death of his 31- year-old wife, Elizabeth, who vanished the evening of Oct. 13, 2014.Prosecutors allege Sullivan killed his wife at the couple's Liberty Station home, then hid her body inside a freezer for nearly two years before dumping it in the water.Following a three-week trial and just over a day of deliberations, the jury panel acquitted Sullivan of a first-degree murder charge, but convicted him of second-degree murder, plus an allegation of using a knife in the killing.Sentencing was scheduled for April 13.Deputy District Attorney Jill Lindberg alleged at trial that after stabbing his wife at least five times in her bedroom, Sullivan hid the body and murder weapon inside his home until he was compelled to discard Elizabeth's remains when movers arrived Oct. 4, 2016, at the onset of his cross-country move to the East Coast.Her decomposed body was discovered that same day in the water about a half-mile from their residence, dressed in the same clothes she was last reported wearing.An autopsy revealed a series of injuries to her ribs consistent with stab wounds, as well as fractures in her jaw and her nose.Investigators also discovered the victim's blood beneath the carpet of her bedroom and on a knife in the attic of the couple's home, according to Lindberg.Defense attorney Marcus DeBose argued that the presence of her blood inside her bedroom and on the knife stemmed from self-inflicted cutting, due to a reported history of depression and self-harm. He said that about a month before her disappearance, Sullivan had discovered that his wife had cut herself with a broken shard of glass and bled heavily throughout her bedroom.DeBose said a more plausible theory was that she stashed the knife in the attic to keep her cutting behaviors furtive, rather than her husband holding onto the murder weapon for two years, when he could have easily disposed of it at any time.DeBose also said his client's wife engaged in erratic behavior, including the cutting, as well as substance abuse, and frequently disappeared from home without notice. DeBose said she'd previously talked to her father and friends about leaving Sullivan and their two children.On the night of Oct. 13, 2014, DeBose alleged she simply left the home and never returned.Lindberg told jurors that the victim never contacted anyone after Oct. 13 and never touched about ,000 she transferred from the couple's joint account to her personal bank account shortly before her disappearance.The Sullivans' marriage was spiraling over financial issues and her affair with another man, leading the couple to start sleeping in separate bedrooms, she said.When Sullivan arranged for his mother and sister to move into the Liberty Station home on Oct. 13 to begin caring for their children, his wife contacted an attorney to secure a restraining order to keep her husband's family out of the home, Lindberg said.In addition to being angry over his wife's cheating and her attempts to obtain a restraining order, the prosecutor alleged Sullivan also feared she might take his children in the impending divorce.The marriage was "speeding toward a conclusion that (Sullivan) did not like" and "his back was against the wall. He had to do something to stop her, so he did," Lindberg told the jury.After Oct. 13, 2014, one of the victim's friends, who knew she was planning to leave Sullivan, couldn't reach her and reported her missing.Sullivan did not report her disappearance, but Lindberg noted he did go to a store the morning of Oct. 14 to purchase a single item: carpet cleaner.Investigators searched the home in 2014, when it was still a missing persons case, and found an empty freezer in the garage, Lindberg said, but nothing that could lead to an arrest.A former San Diego County deputy medical examiner who helped conduct the autopsy testified that the victim's decomposition was more consistent with someone who had been dead for one to two months.Lindberg said the most probable explanation is that Sullivan utilized the freezer to hide the body, which accounted for the delayed decomposition, while DeBose countered that theory was mere speculation."Unable to communicate through science and through their doctors that her body was frozen, the People are asking you to take a leap of faith," DeBose told the jury.The prosecutor said a police cadaver dog alerted officers to the presence of a dead body in Sullivan's garage during the 2016 investigation, which she said indicated the body had been hidden in the freezer there and was recently moved.The defendant was arrested in 2018 at his home in Delaware and extradited to San Diego. 4887
SAN DIEGO (AP) — The San Diego Padres are returning to the playoffs for the first time in 14 years after beating the Seattle Mariners 7-4 with a three-run rally in the 11th inning that included a go-ahead double by newcomer Mitch Moreland. The clincher came in the finale of a series that was moved from Seattle because of poor air quality due to wildfires, so the Mariners were considered the home team and batted last. After closer Trevor Rosenthal, another newcomer, struck out Phillip Ervin for the final out, the Padres had a brief but joyous celebration in the infield. 583