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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) - Cleveland National Forest officials Saturday announced elevated fire restrictions until Jan. 1, 2021, and ordered the closure of Three Sisters & Cedar Creek Fall Trails after a heat advisory was issued by the National Weather Service.The trails will be closed until Sunday, officials said."These restrictions are put into effect to provide for emergency resource protection and public safety during hazardous fire conditions," a forest official said.The new restrictions include:No smoking, except within an enclosed vehicle or building, or within a developed recreation sites; No welding or operating an acetylene or other torch with an open flame;No target shooting, discharging a firearm, air rifle, or gas gun;No building, maintaining, attending, or using a fire, campfire, or charcoal fire except within a developed recreation sites;No wood or charcoal fires are allowed except in identified developed campgrounds and developed picnic areas within designated fire rings.The Cleveland National Forest encompasses 460,000 acres and is the southernmost U.S. National Forest in California. It is divided into the Descanso, Palomar and Trabuco ranger districts and located in the counties of San Diego, Riverside, and Orange. 1255

SAN DIEGO (CNS) - Live Nation Friday announced a multi-year agreement with North Island Credit Union for the naming rights of the Chula Vista venue formerly known as the Mattress Firm Amphitheatre.The two companies plan to work together to improve the venue experience for concertgoers with giveaways and prizes, Live Nation said in a statement. Representatives from North Island Credit Union will also be on-site during the concert season from April to October to maintain engagement with 497

SAN DIEGO (CNS) - A teenage boy who shot his father five times in the master bedroom of the family's Scripps Ranch condominium last year, then fired another shot through the door of another bedroom, where his mother and half- brother had barricaded themselves, will be remanded to a juvenile detention facility for as much as nine years, a judge ruled Friday.The 16-year-old defendant was tried as a juvenile and found guilty last month for the April 29, 2018, killing of 46-year-old Thanh "Sonny" Pham, as well as the attempted murder of his mother.According to prosecutors, juvenile court sentencing guidelines dictate that the boy can be held in custody until he is 25, though he could be paroled earlier than that.Superior Court Judge Louis R. Hanoian said the sentence for the convicted counts would have the boy facing a 67-year-to-life prison sentence had he been of age.RELATED: Man dead after shooting in Scripps Ranch; 15-year-old son arrestedDuring the boy's bench trial, Deputy District Attorney Mary Loeb said the teen ambushed his father, using Pham's own Glock pistol, then came "storming out of the bedroom with the gun" and began scoping the unit for his mother and half-brother, who had taken refuge inside his sibling's bedroom. Loeb said the gun was empty after the youth fired on his father, and he had to return to the bedroom to reload so he could "continue on this rampage."Defense attorney Mary Ellen Attridge argued that the killing was committed in self-defense, following years of routine physical abuse at Pham's hands. The juvenile testified that Pham often struck him as a form of discipline, including once just minutes before the shooting, knocking him briefly unconscious. He also said that Pham once shoved his mother out of a moving vehicle and his family members also testified that Pham was abusive with them and the boy.Following the shooting, the boy, then 15, fled from the condo on foot before police arrived, but was arrested about 1 a.m. the following day, roughly two miles from his home, after someone spotted him on Scripps Poway Parkway near Interstate 15. He had the handgun in his waistband and dozens of rounds of ammunition in his backpack when taken into custody, according to police.RELATED: Teen denies killing father in Scripps Ranch homeHanoian ruled that there were true findings -- the equivalent of guilty verdicts -- for murder and attempted murder, as he felt the evidence did not support claims that Pham was "a violent ogre" and "a sadistic abuser" as he felt Pham had been portrayed by the defense.During Friday's dispositional hearing -- the juvenile court equivalent of a sentencing hearing -- attorneys argued over what type of custody was more appropriate to provide the boy with proper treatment and rehabilitation.Loeb argued to have the boy placed in one of two state youth correctional facilities -- either in Stockton or Camarillo -- while Attridge sought to have the boy placed in a less-restrictive youth program in Otay Mesa, where his family could more easily visit him for the purposes of facilitating family therapy. Attridge also said she will file a notice of appeal on the boy's behalf.Hanoian ruled that the Department of Juvenile Justice's facilities provided a more thorough program to assist the boy in terms of his mental health, educational opportunities -- including college courses and career technical education -- , and rehabilitation."We need to get (the boy) up and running. We need to have him become a productive member of society and we need to give him the training, the education, and the skills and the therapy that's necessary," Hanoian said.The judge said that he did consider concerns over a lack of face-to- face family therapy with the boy housed outside of San Diego County, but said that technological means like video conferencing would allow him to undergo that therapy with family members.The boy did not make a statement during the hearing, but Attridge said he "is very remorseful about what happened here. It has changed his family's entire life and it has changed his life and he regrets having done anything to end his father's life."She also said that upon his release, she believed "he will be somebody who will never recidivate" and will leave custody "a better person, a more mature person and a nonviolent person."Pham's younger sister, Catherine Wright, said her brother was "confident, charming, funny, athletic and intelligent," a good brother to her, a good uncle to her daughter, and their parents' pride and joy.Wright said the depictions of her brother as an abuser pained her greatly and the fact that he'd been killed by his own son made it "easier to tell people that he died of a heart attack."Just as Pham had meant everything to their dad, Wright said the defendant meant everything to her brother."I cannot imagine a more horrible death for Sonny to suffer. I'm haunted by thoughts of Sonny laying on the floor in pain, gutted not just by his physical wounds, but in the realization that his firstborn son, his only son, turned on him and shot him," Wright said.She said she was not yet able to forgive the boy, but that her brother would have wanted to have his son "to have the opportunity to heal what is broken inside of him. He would want his family to be safe and loved." 5320

SAN DIEGO (CNS) - An uptick in DUI arrest rates and excessive speeding citations occurred around San Diego County during March and April, even as less drivers were on the roadways due to stay-at-home orders amid the COVID-19 pandemic.San Diego police, the San Diego County Sheriff's Department and the California Highway Patrol all had moderate increases in their DUI arrest rates in March and April compared to the same two months in 2019, 2018 and 2017, according to an analysis of data requested from those agencies.SDPD arrested an average of three DUI drivers for every 100 traffic infractions in those two months the previous three years, but saw that rate jump to 4.71 during March and April this year.The California Highway Patrol logged a similar rise in DUI apprehensions, with the rate increasing from about six DUI arrests for every 100 infractions the three previous years to 7.66 this year.The Sheriff's Department saw the most dramatic rise. It had a rate of about six DUI arrests for every 100 infractions during the two-month span in 2019, 2018 and 2017, rising to 11.79 DUI arrests for every 100 infractions this year.The reasons behind those increases remain unclear, but some law enforcement officials said fewer vehicles on the road might have helped officers catch intoxicated drivers."When we're out there with less motorists, it's easier to spot more of who is weaving or swerving on the roadways," said Salvador Castro, public information officer for the CHP San Diego office.Jake Sanchez, public information officer for the CHP Border Division, agreed with that assessment."If that's the only car out there on the roadway in front of me, it's going to be a lot easier to observe and make sure that person is driving appropriately," Sanchez said.SDPD Traffic Division Sgt. John Perdue said he has noticed a change in the areas where a majority of DUI drivers are apprehended."It's kind of an odd thing because ... we typically get more DUIs out of the areas that have a lot of bars." Perdue said. "However, I've noticed now some of the DUIs we get are near the fast-food restaurants."He said in his experience, the drivers have usually been drinking at home before stopping to get food, despite the availability of food delivery services such as UberEats, Postmates and Doordash.San Diego County District Attorney Summer Stephan said she has also noticed a troubling new trend involving DUIs this year. In a six-week span from May 4 to June 17, there were seven deaths from DUI-related crashes in the county, she said."I actually don't recall a time that we've had that many in a short period of time," Stephan said. "So that's of a lot of concern."From January through April, the county recorded five DUI-related deaths -- down from eight, 12 and seven, respectively, in the same time period in 2019, 2018 and 2017, according to data provided by the D.A.'s office.The deadliest DUI crash so far this year happened around 8:30 p.m. on May 5, when a driver fatally struck a 50-year-old woman, her 33-year-old boyfriend and her 10- and 11-year-old grandsons in Escondido while allegedly under the influence of an unspecified drug.Deputy District Attorney Laurie Hauf said at Ashley Rene Williams' June 10 arraignment that the 28-year-old defendant was driving on a suspended license due to a previous DUI drug conviction.Speeding tickets have also taken a jump this year compared to overall traffic infractions.CHP officers throughout the county issued 920 tickets to drivers traveling over 100 mph in March and April, compared to 505 and 390, respectively, in the same time frame in 2019 and 2018."Growing up in Southern California myself and knowing how traffic has always been since I first started driving 30 years ago, to see this light amount of traffic on our highways, it's weird. You're not used to it," Sanchez said. "(The speeding) is something we will probably have to keep dealing with as long as the freeways are as open as they are now."Perdue said he has also seen drivers speeding more frequently on roadways in the city of San Diego.While the overall number of speeding tickets issued by SDPD is down this year, speeding violations over 65 mph represent a greater percentage of overall traffic infractions.During March and April this year, SDPD issued 395 tickets for drivers going over 65 mph. That represented 7.3% of overall infractions, while the rate for those violations was 3.44% in 2019, 4.02% in 2018 and 4.38% in 2017."It's a little insane. I couldn't believe the uptick in speeding citations and the speed itself," Perdue said. "I still tell (drivers) `Be cautious. Just because it's an open roadway you still want to drive with your safety in mind."'Like many services and programs throughout the county, DUI awareness and prevention programs have had to adapt to guidelines discouraging face-to- face interactions during the COVID-19 pandemic."Some (programs) are working out and some have had to take a backseat during this COVID time," Stephan said.One of the affected programs was a live DUI sentencing with a real defendant that would have taken place at a local high school. Stephan said her office has talked about converting to a Zoom format, but no immediate plans have been finalized.The SDPD suspended DUI checkpoints in recent months, but continued saturation patrols, during which officers conduct traffic stops in targeted areas and look for signs of impaired driving, Perdue said."Since bars were closed, we just didn't want to expose officers to such a mass quantity of drivers," he said.However, the SDPD plans to hold its first DUI checkpoint in roughly two months from 11 Thursday evening to 3 a.m. Friday at an undisclosed location.The CHP has continued to post DUI awareness messages on social media and has replaced its in-person educational talks with Zoom sessions, Sanchez said."It is, in a sense, a good thing that we're kind of adapting and we'll now have better ways, or other ways, of reaching the public, as well," he said. 6014

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