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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) - Countywide influenza cases hit a season high last week, and three more residents died due to flu complications, county health officials announced Wednesday.The county's Health and Human Services Agency confirmed a total of 616 flu cases last week, beating last week's season-high of 545 cases. The county has confirmed 6,094 flu cases so far this season, compared to 18,137 a year ago.The county's flu death toll now sits at 45 after two men, ages 44 and 33, and a 101-year-old woman died due to flu complications. The county confirmed that all three had additional medical issues, but did not disclose if they had been vaccinated. The county's flu death toll stood at 288 at this time last flu season.RELATED: Is it a cold or a flu? Here are 5 ways you can tell, according to the CDC"Given the high number of cases that continue to be reported, influenza continues to be widespread throughout the community," said Dr. Wilma Wooten, the county's public health officer. "It is not too late to get a flu shot."County health officials and the Centers for Disease Control and Prevention strongly advise the annual flu vaccination for everyone 6 months and older, especially demographics with a heightened risk of serious complications, such as pregnant women, people older than 65 and people with chronic conditions. Recent flu seasons have extended as late into the year as May, according to county health officials.Flu shots are available at doctors' offices, retail pharmacies, community clinics and the county's public health centers. Residents can also call 211 or visit the county's immunization program website, sdiz.com, for a list of county locations administering free vaccines. 1710

SAN DIEGO (CNS) - Murder and other felony charges were filed Wednesday against a 20-year-old probationer who allegedly fired a gunshot toward his brother, missing him but inadvertently killing a next-door neighbor asleep in his bed.Manuula Save is accused in the Saturday morning death of Michael Walker, 38, who was shot about 1:45 a.m. by a bullet that traveled through a bedroom wall in the defendant's apartment and into the victim's unit in the 13400 block of Midland Road. Walker was hit once in the abdomen and died at a hospital about an hour later.Save faces life imprisonment if convicted of murder, shooting into an inhabited dwelling, assault with a semi-automatic firearm and being a felon in possession of a firearm.RELATED: Man killed by stray bullet in Poway apartment complex, suspect arrestedDeputy District Attorney Kristie Nikoletich said the shooting stemmed from a verbal argument and physical fight between Save and his older brother. "The defendant retrieved a firearm and fired in the direction of his brother to scare him and show his brother that he wasn't scared of him," Nikoletich said. But that bullet ended up going through a wall and striking a sleeping neighbor, Michael Walker. His grieving widow, Christina was inside the courtroom Wednesday, crying throughout the proceedings. 10News spoke to her earlier this week. "I'm just seeing this hole in his stomach, and then I look over, and there's a hole in my wall," Christina Walker said on the phone. She said he was sleeping in the guest room that night, so his snoring would not wake her up — A move that would place him right in the path of that stray bullet, and kill him hours later. Save then allegedly hid the 9mm firearm, which he was not allowed to possess due to a previous hit-and-run conviction involving the death of an elderly woman, Nikoletich said. Save was sentenced to probation in that case, she said.Nikoletich said Save was charged with murder due to "the defendant's conscious disregard for human life."Save, who's being held in lieu of million bail, is due back in court Aug. 29 for a readiness conference. 2145

SAN DIEGO (CNS) - A man whose altercation with four off-duty San Diego police officers in the parking lot of a Grantville bar drew attention from local activists alleging excessive force was sentenced Thursday to a three year probation term in connection with cocaine and firearm possession, which includes 90 days in jail and nine months to be served in a work furlough program.Jonathan Felix, 29, pleaded guilty last month to possession of a loaded firearm and cocaine, in connection with the Nov. 7, 2018, altercation outside McGregor's Grill and Ale House just before 2 a.m.The case generated substantial public interest regarding the use of police force rather than for the felony case, in which Felix was accused but never charged with pointing the gun at the officers, prompting them to tackle him to the ground and strike him several times until they were able to seize the pistol, according to prosecutors.RELATED: San Diego man says off-duty SDPD officers assaulted himThe blows rendered Felix unconscious, and left him with a fractured pelvis, fractured hand and cuts and bruising to his head, while one of the officers testified that he broke his hand punching the defendant.In addition to possessing cocaine, Felix was prohibited from possessing a firearm due to theft and drug-related convictions out of Arizona, according to Deputy District Attorney Michael Runyon.Following his 90 days in custody, Felix will continue working during the day at Greystone Prime Steakhouse & Seafood in the Gaslamp Quarter, where he was employed at the time of his arrest. San Diego Superior Court Judge Polly H. Shamoon imposed a suspended four-year prison sentence, meaning Felix could head to prison if he violates the terms of his probation.At a preliminary hearing in February, Officer Anthony Duncan testified that after he and other officers departed McGregor's, they noticed Felix leaving the premises and returning to the parking lot on several separate occasions, both in his Dodge Durango and on a bicycle. He said the officers were concerned that Felix was "casing" vehicles, possibly to break into or steal cars.Felix was exhibiting "odd behavior" and "something didn't feel right (about him)," Duncan said.Officer Jose Rodriguez, who was at the bar with the other men but left before the altercation with Felix, testified that he also felt Felix was looking into vehicles parked in the lot.Despite their concerns, none of the officers called for assistance from on-duty law enforcement until after they restrained Felix, according to Duncan.Duncan said that he approached Felix, at which point the defendant produced a semi-automatic handgun from his waistband and pointed it at him, prompting all four officers to draw firearms on Felix.Surveillance footage from the parking lot of the business captured the physical altercation between the men, but not the purported standoff, which was blocked from view by a parked car. The defendant, who was sitting on his bicycle at the time, backpedaled away from the men, who followed and tackled him to the ground, according to surveillance footage.Felix told investigators after being arrested that he believed the group of men, who he said never identified themselves as law enforcement officers that night, may have been casing his Durango or looking to start trouble.Defense attorney Alicia Freeze argued that her client drew his gun out of concern for his safety, but denied that he ever pointed the weapon at the group. Speaking with reporters outside court following the sentencing hearing, she said she felt the officers used "unlawful force" in subduing Felix.Runyon reiterated outside court that Felix pointed a gun at the officers, "ignored several commands" to drop his gun, and "did not give up the gun immediately" even after being taken to the ground.Along with Duncan, the altercation included fellow San Diego officers Nicholas Dabbaghian, Frank Bigler and Ross Bainbridge. 3956

SAN DIEGO (CNS) - A teenage suspect was behind bars today in connection with the 7-month-old slaying of another young man in a Southcrest- area neighborhood.Raheem Malik Meals, 18, was arrested Friday on suspicion of murdering 20-year-old Ismail Abouabid on Jan. 15, according to San Diego police.Patrol officers responding to a report of a possible traffic accident in the 4000 block of Boston Avenue shortly before noon that day found Abouabid mortally wounded behind the wheel of a parked vehicle, bleeding from the head, Lt. Matt Dobbs said.Abouabid, who had recently relocated to San Diego from Erie, Pennsylvania, was pronounced dead at the scene.Witnesses told investigators three male teenagers had been with the victim just prior to his death and walked off toward a nearby park just before he was found.Police initially reported that Abouabid had been shot to death but later backed off from those statements.``The mechanism for the (victim's) injury is not being released at this time,'' Dobbs said Tuesday.The lieutenant also declined to disclose a suspected motive for the alleged slaying or reveal what led investigators to identify Meals as a suspect in the case. 1186