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SAN DIEGO (CNS) - A man who beat his estranged wife to death with a commemorative baseball bat as she delivered food to him at his City Heights apartment was sentenced Friday to 16 years to life in state prison.Dana Marion Davis, 56, pleaded guilty at an earlier hearing to second- degree murder in the death of April Davis, his spouse of more than 30 years and the mother of his six children.The defendant beat the 51-year-old victim with a wooden bat on the afternoon of Oct. 7, 2017, then prevented a family member and police from entering the apartment, said Deputy District Attorney Stephen Marquardt. When officers finally gained entry, she was found dead on the floor.Davis told Judge Michael Smyth that he was remorseful for killing the mother of his children."She didn't deserve this," the defendant said before he was sentenced.To his children -- three of whom were present in court -- Davis said, "I am deeply sorry for the pain I have caused you."A psychologist determined the defendant suffered childhood development trauma that affected his relationship with his wife, Deputy Public Defender Amy Hoffman told the judge.When talking to police after the murder, Davis was "clearly in shock" as to what happened, Hoffman told the judge. The attorney said alcohol was involved in the fatal encounter.According to Marquardt, the defendant was on probation for domestic violence when he killed his wife. The two had been living apart.The prosecutor said the defendant had been violent with the victim in the past, having been convicted of misdemeanor domestic violence in 1994 and 2016.When the defendant was convicted of punching his wife in the head in 2016, he was also prosecuted for choking his teenage daughter, Marquardt said. 1749
SAN DIEGO (CNS) - A woman was killed in a chain-reaction crash triggered by a loose dog in lanes of state Route 94 near downtown San Diego today.Three cars were involved in the crash, which was first reported just after 10:30 a.m. on westbound Route 94 near 25th Street.A Ford F-150 owned by the San Diego Humane Society was parked in the median of the freeway with the driver and a passenger still inside, preparing to capture a dog when the animal ran into lanes of traffic, a California Highway Patrol dispatcher told City News Service.Multiple cars stopped and swerved, including a Toyota Camry with three occupants that braked and came to a stop in the No. 1 lane, the dispatcher said.A Dodge truck, also in the No. 1 lane, swerved into the median to avoid the Camry, and was struck in the right rear corner by a GMC Yukon towing a trailer that was unable to stop in time.The force of the impact pushed the Dodge into the Camry, which in turn pushed the Camry into the Humane Society pickup, according to the dispatcher.In the aftermath of the accident, it wasn't immediately clear how many cars were involved, but responding fire crews realized the Camry, which at some point had moved to the right shoulder of the freeway, was also part of the crash and launched a rescue operation for that car's occupants, according to a CHP incident log.A 53-year-old woman in the back seat of the Camry sustained a major head injury and was taken to Scripps Mercy Hospital, where she succumbed to her injuries, the dispatcher said.The woman's identity wasn't immediately released.Three other people, including two from the Camry and one from the GMC, 1652
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) - Councilwoman Barbara Bry Wednesday increased her lead for second place for the third straight day over Councilman Scott Sherman in the San Diego mayoral primary election.The two candidates with the most votes will head to the general election in November, so depending on the final vote count, San Diego voters look likely to be choosing between Assemblyman Todd Gloria and Bry.Should Gloria and Bry face off, it would guarantee San Diego its first Democrat mayor since Bob Filner resigned in 2013 and just the second Democrat elected to the nonpartisan position -- several Democrats served as interim mayors in 2005 and 2013 -- since Maureen O'Connor stepped down in 1992.Gloria, a former San Diego city councilman and interim mayor, has a more than 64,000-vote lead over both Bry and Sherman and is virtually assured to make it onto the November general election ballot.Bry currently has a 444-vote lead over Sherman, a Republican.With a projected 25,000 ballots left to be counted, and with Sherman's election-night lead of more than 3,000 votes in the rear-view, November is looking all but assured to be a showdown between the two Democrats. 1172
SAN DIEGO (CNS) - Military officials today publicly identified a U.S. Marine who was fatally injured in a weekend training accident at Camp Pendleton.Staff Sgt. Joshua Braica, 29, was behind the wheel of a MRZR tactical vehicle that overturned Saturday at the military station north of Oceanside, according to Maj. Nicholas Mannweiler of U.S. Marine Corps Forces, Special Operations Command. Two other Marines suffered minor injuries in the crash.Braica, a critical-skills operator with 1st Marine Raider Battalion, was airlifted to Scripps Memorial Hospital La Jolla, where he succumbed to his injuries Sunday evening.The Sacramento native enlisted in the Marine Corps in July 2010 and served as an intelligence specialist with 1st Battalion, 4th Marines, and with Marine Aircraft Group 36.Braica deployed to the Pacific Command area of operations with the 13th Marine Expeditionary Unit in 2011, and to the Indo-Pacific Command region with 1st Marine Raider Battalion in 2017.His military decorations include a Navy and Marine Corps Achievement Medal, two Good Conduct Medals, a National Defense Service Medal, a Global War on Terrorism Expeditionary Medal, a Global War on Terrorism Service Medal and three Sea Service Deployment Ribbons.He is survived by his wife and son. 1284