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SAN DIEGO (CNS) - A man was sentenced to 50 years to life in prison Friday for the car-to-car shooting death of a 16-year-old boy on a San Diego freeway nearly 20 years ago -- the second time the defendant has been sentenced for the killing.Phong Huynh, 42, was convicted in May of murder and firearm allegations for the Feb. 13, 2000, slaying of Nghia Tan Pham. Huynh was previously convicted of the killing in 2015 and sentenced to 50 years to life behind bars, but an appeals court panel overturned that conviction, leading to this year's retrial.Pham was struck in the head by one of about a half-dozen shots fired at the car he was driving on southbound Interstate 15, north of state Route 52. The case went unsolved for more than a decade until Huynh, who was living in Montana, was identified as a suspect.Both the prosecution and defense said Pham was killed in retaliation for a fight he was involved in at a San Diego pool hall, in which he inadvertently bumped a man with a pool cue while lining up a shot at a billiards table. The fight triggered another altercation days later at an area coffee shop, then the shooting of Pham, which occurred about a week after the pool hall fight.Deputy District Attorney Christopher Lawson said Huynh was friends with two men injured in the fight, while Huynh's attorney, William Nimmo, claimed his client was not present at the brawl, nor at the coffee shop.On the night of the shooting, Lawson said Huynh had a driver follow Pham as the victim drove onto the freeway, then fired on him from the front passenger seat. The prosecutor said Huynh fled to Michigan six weeks after the teen's death.The driver of the car had no idea Huynh was planning to kill Pham on the night of the shooting and declined to come forward for more than a dozen years out of fear, Lawson said, but eventually told authorities what happened after being overcome by guilt. Other witnesses also told police that Huynh bragged about committing the killing or threatened others that they might be next, Lawson said.Nimmo countered that the driver and Huynh did not like each other and he would never agree to drive Huynh in the first place, as the prosecution contended.Nimmo claimed that a pair of San Jose-area gang members were in San Diego and were on the run due to an attempted murder drive-by shooting they committed in the Bay Area. He alleged that those men lost the fight at the pool hall, and their humiliation over the altercation triggered a chain of events that led to Pham's killing.At Friday's sentencing, Nimmo requested that San Diego County Superior Court Judge Amalia L. Meza strike a 25-years-to-life gun enhancement due to Huynh's age at the time of the offense, his lack of criminal history between the shooting and his arrest, and that the gun enhancement served little purpose and doled out unnecessary punishment when other homicidal methods such as strangulation would be far more tormenting for a victim.Deputy District Attorney Christopher Lawson called the shooting "an assassination" that he described as "cold-blooded," "calculated," "pointless" and "senseless," and said Huynh displayed "a total lack of remorse" throughout the case.Meza declined to strike the enhancement, citing the terror and fear the killing caused throughout San Diego's Vietnamese community.An appellate court panel overturned Huynh's 2015 conviction on several factors, including that the defense was not allowed to postpone a portion of the trial in order to produce a key witness.The three-justice panel also ruled that Huynh should have been allowed to introduce evidence that some of the prosecution's witnesses were associated with a gang that frequented the pool hall and coffee shop. Huynh was accused of confessing to killing Pham -- an associate of some of the gang's members -- at one of the suspected gang members' homes, something his first trial lawyer characterized as "so highly improbable as to be ridiculous," according to the court's ruling.The gang evidence was not allowed to be presented at trial, as it was ruled to have no bearing on Huynh's alleged motive, but the appellate court ruled that its introduction would have allowed for "a materially different understanding of the relationships between the relevant individuals." 4287

SAN DIEGO (CNS) - City officials broke ground Monday on the Bay Terraces Senior Center, a project that local residents have advocated for since the 1990s. Mayor Kevin Faulconer and Councilmembers Monica Montgomery and Chris Cate were on hand to mark the beginning of construction on the 3,400-square-foot facility. Once completed, the million senior center is set to include amenities such as a multipurpose room and a commercial kitchen. The facility will serve seniors in Paradise Hills, Bay Terraces and Skyline, according to the city. ``A decade ago, city leaders laid down a thin layer of gravel in preparation for a senior center in southeastern San Diego that was promised but never delivered,'' Faulconer said. ``Today we are making good on that promise and building a center that will be as great as the communities it will serve.'' Faulconer revived the project in 2016 and city officials expect it to be the city's first building to produce as much energy as it uses by leveraging solar panels on the facility's roof. According to the city, the project is partially funded by the U.S. Department of Housing and Urban Development's Community Development Block Grant program. ``This project illustrates the hard work and power of our community to organize and hold elected officials accountable,'' Montgomery said. ``We are pleased to see the Bay Terraces Senior Center start construction and we look forward to the grand opening and visiting the center for many years to come.'' City officials expect the facility to be completed in October 2020. 1567

SAN DIEGO (CNS) - Gov. Gavin Newsom reversed a parole board's decision to release a 59-year-old man who was a teenage gang member when he killed a San Diego police officer in 1978, the San Diego County District Attorney's Office announced Tuesday.Jesus Cecena was convicted of killing Officer Archie Buggs, 30, who was shot four times after he stopped a car driven by Cecena in the Skyline neighborhood.Cecena, then 17, fired five times at Buggs, then paused, walked toward the fallen officer and fired a final bullet into his head at point-blank range.Cecena, who is serving a life sentence, was granted parole in June, a decision that was heavily criticized by the San Diego County District Attorney's Office.Newsom reversed the parole board's decision on Monday, marking the second time he has reversed a parole grant for Cecena. Former Gov. Jerry Brown also reversed parole grants for Cecena in 2014, 2016 and 2017.Newsom cited Cecena's gang motivations as a major factor in his decision."Mr. Cecena still is unwilling to acknowledge the underlying or causative factors that are in evidence, specifically that he belonged to a gang where killing a peace officer was seen as an ultimate goal, that a more senior and respected gang member handed him a firearm so he could kill Officer Buggs, and that killing Officer Buggs was a way for Mr. Cecena to gain more respect and power within his gang," Newsom wrote. "Mr. Cecena has additional work to do in this area before he can be safely released."Cecena's next parole hearing is in December 2021.In 1979, he was sentenced to life in prison without the possibility of parole, but the sentence was reduced to a seven-year-to-life term in 1982 due to him being underage at the time of the shooting."This defendant killed an on-duty police officer in cold blood and in spite of his claims to the contrary, he once again lacks honest insight and remorse into this heinous crime," District Attorney Summer Stephan said. "We appreciate the governor's thoughtful analysis and ultimate decision to reverse parole and safeguard the public. Officer Buggs was one of the first African- American police officers in San Diego and he was a hero to his family, his law enforcement colleagues and to the entire San Diego community. We will continue to fight for justice on his behalf." 2327

SAN DIEGO (CNS) - Authorities put out a call Tuesday for any additional alleged victims of a mortuary services worker accused of looting a recently deceased Spring Valley man's home, carrying away valuables with a gurney and a body bag.Sammy Willie Gates, 49, allegedly ransacked the 60-year-old man's house late on the night of Aug. 31, about 11 hours after deputies conducting a welfare check found the resident dead of natural causes, according to sheriff's officials.On Sept. 2, one of the victim's relatives reported discovering items, including a firearm and safe, missing from the residence, Sgt. Karen Bloch said. Two days later, the family reported that reviews of surveillance camera footage had revealed that the home of the victim, whose name has not been released, had been burglarized.The video clips showed a man -- later identified by investigators as Gates, owner of independently operated Mortuary Transportation Services -- arriving at the man's house in a white utility van, the sergeant said.Gates allegedly entered the home and exited shortly thereafter with two bags filled with stolen property, then returned with a gurney and an empty body bag that he used to haul away more property.On Sept. 9, detectives from the Rancho San Diego Sheriff's Station served a search warrant at Gates' El Cajon-area home, where the deceased man's safe and gun allegedly were recovered, along with 16 additional firearms, many believed to be war relics dating back to the early 1900s."Two additional safes, multiple personal identifying documents, jewelry, watches, war medals, comic books and several thousand dollars in collectable coins were also recovered from Gates' residence," the sergeant alleged. "A gurney and body bags matching (those seen in) the surveillance video (from) the victim's residence were recovered from Gates' white utility van."Gates was jailed on suspicion of residential burglary and being a felon in possession of a firearm.Since Gates' arrest, detectives have identified five additional victims of similar crimes allegedly committed by the suspect, Bloch alleged.Anyone with information about the case is asked to call San Diego County Crime Stoppers at 888-580-8477 or contact the agency online at sdcrimestoppers.org. Tipsters may remain anonymous and could be eligible for a reward of up to .000. 2346

SAN DIEGO (CNS) - A San Diego federal judge refused Tuesday to release 34 "medically vulnerable" detainees from the Otay Mesa Detention Center, which has the largest COVID-19 outbreak among the nation's U.S. Immigrations and Customs Enforcement facilities.U.S. District Judge Dana Sabraw previously ruled that a group of medically vulnerable detainees be released, in respose to a lawsuit filed by the American Civil Liberties Union alleging that overcrowded conditions at Otay Mesa put detainees at serious risk of contracting the virus.More than 200 people have tested positive at the facility since the outbreak began, including 57-year-old Carlos Escobar-Mejia, who became the first ICE detainee to die from COVID-19 earlier this month.While most of those detainees have been released since Sabraw's ruling, ICE was allowed to review their criminal histories, and decided that 34 among them should remain in custody "based on defendants' determination that they pose a danger to the community," the judge wrote.Sabraw ruled that while Otay Mesa still has the largest virus outbreak in the nation, the reduction in the facility's population and other factors have likely reduced the risk for those still detained.Sabraw's ruling denying a request for a preliminary injunction indicates the facility is currently at 38% capacity, and that the 34 detainees at issue are spread out throughout the facility.The judge wrote that 30 of those detainees are in housing units with no positive cases, "a stark contrast to the situation that existed before the TRO issued, where medically vulnerable detainees were being housed throughout the facility with other detainees who had tested positive."Sabraw wrote that the remaining four detainees are in a unit that is at 12% capacity. Three of the four detainees tested positive for COVID-19 before his TRO order was issued, but have since recovered. The fourth detainee "may be at increased risk, but other factors mitigate that risk," Sabraw wrote.The judge said Otay Mesa has taken measures to mitigate the risk of further spread, including suspending new detainee admissions, screening people who enter the facility, increasing sanitation, providing masks to detainees and requiring employees to use personal protective equipment.Additionally, Sabraw wrote that unlike the detainees previously released, the government had additional interest in "protecting the community," when considering the 34 remaining detainees.Earlier this month, Sabraw also denied a request from the ACLU to release medically vulnerable U.S. Marshals Service inmates from the facility, citing a law that limits the ability for inmates in criminal custody to file lawsuits in federal court, placing certain restrictions on inmate release requests when it concerns the conditions of their detention. 2826