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SAN DIEGO (CNS) - An ex-con who opened fire in the Gaslamp District two years ago, wounding an off-duty sheriff's deputy and a bystander, was sentenced Wednesday to 71 years to life in state prison.Ray Pitoau, 39, was convicted last month of two counts of assault with a firearm for the Aug. 7, 2017, shooting that injured Deputy Jason Philpot, who was walking through downtown with his two brothers following a Metallica concert at Petco Park. Also injured was bystander Vladimir Shvets, a passerby in San Diego for a convention.Pitoau was also convicted of a lesser charge of assault on the deputy's younger sibling, Joshua.Prosecutors said Philpot and his group walked past Pitoau, who got into an argument with the deputy's sibling on Island Avenue near Sixth Avenue just after 1 a.m.RELATED: Man convicted of assault with gun in Gaslamp shooting that wounded deputyPitoau testified that he pulled out a gun in self-defense because a group of men, including Jason Philpot, were advancing on him. He testified that he and the deputy both grabbed onto the gun, leading it to fire as they grappled over the weapon.Jason Philpot testified that he tried to wrap his arms around Pitoau and get the gun away, but the defendant was able to pull the trigger, wounding the deputy in the chest and right arm. One of the rounds ricocheted off the sidewalk and struck Shvets.Pitoau was arrested about a month later in Mexico.RELATED: Man convicted in Gaslamp shooting involving off-duty deputy sentencedSan Diego County Superior Court Judge Melinda J. Lasater declined to dismiss a number of allegations that added years to Pitoau's sentence due to his numerous prior convictions for crimes dating back to 1991, including burglary, assault, and being a felon in possession of ammunition.Deputy District Attorney Michael Reilly said Pitoau had demonstrated a history of re-offending each time he was released from prison and that "he knew better" than to bring a gun to the Gaslamp Quarter that day.Defense attorney Jessica Marshall said evidence at trial showed the Philpots and other members of their group had been drinking and were being aggressive, with the attorney arguing Pitoau "is not the only reason this happened."RELATED: Gaslamp deputy shooting suspect escapes Spring Valley SWAT standoffJurors deadlocked on the assault counts in Pitoau's two previous trials, though one of those juries convicted Pitoau on three felony firearm possession counts. 2459

SAN DIEGO (CNS) - A man climbed through a window of a Pacific Beach home Monday morning and attacked a woman in her bedroom before fleeing, police said.Dispatchers received a call around 5:15 a.m. from the victim, who reported that she found a man in her bedroom after he apparently entered through a window of her home on Grand Avenue near Olney Street, San Diego police public-affairs Officer Billy Hernandez said.The woman also reported that the man had attacked her, but she was able to get away and lock herself in her roommate's bedroom before calling police, Hernandez said.Officers arrived and searched the home, but found no one inside. Paramedics treated the victim for minor injuries, including a bloody nose, but she declined transport to a hospital, Hernandez said.No detailed description of the intruder was immediately available. 852

SAN DIEGO (CNS) - An April 30 trial date was set today for a North Carolina man accused of raping and murdering a 79-year-old woman in her Normal Heights home more than 31 years ago.Kevin Thomas Ford, now 62, was arrested in June and charged with murder and a special circumstance allegation of murder during a rape in connection with the May 20, 1987, death of Grace Hayden.Investigator Tony Johnson of the San Diego County District Attorney's Office was reviewing the cold case in May when he decided to submit a single fingerprint found on Hayden's stove to a national database.He found a match: a print submitted by police in connection with Ford's 2015 arrest on charges of communicating threats, authorities said.The fingerprint allowed San Diego detectives to issue a warrant for Ford's arrest in July.RELATED: Man pleads not guilty in 1987 rape, murder of San Diego womanThe case is expected to get pre-assigned to a judge next month. 950

SAN DIEGO (CNS) - A woman accused of causing the death of a 74-year-old man in her care by withholding food from him over the course of several years was ordered to stand trial today on murder and other charges that could have her facing life imprisonment.Shirley Montano, 52, is accused of causing the Oct. 7, 2016, death of Robert Chagas, who died at Sharp Memorial Hospital of pneumonia, which prosecutors argue was exacerbated by severe malnutrition. Montano is additionally charged with kidnapping, elder abuse, false imprisonment, identity theft and perjury for allegedly limiting meals and keeping Chagas and an elderly woman essentially captive at the defendant's apartment, while spending the senior citizens' Social Security benefits for personal use.Deputy District Attorney Rebecca Zipp said the weight of both Chagas and the woman, Josefina Kellogg, ``plummeted once in (Montano's) care.'' Chagas was ``emaciated'' when he was brought into the hospital, where he died five days later. Montano, who allegedly posed as his niece, told medical personnel that Chagas did not wish to be resuscitated, according to testimony. Chagas' family members were only notified of his hospitalization after his death, they testified. ``She took on the duty of care and responsibility for his well-being, and that care fell so woefully short that he died in part due to inadequate nutrition,'' Zipp told San Diego County Superior Court Judge Esteban Hernandez at the conclusion of the week-long preliminary hearing.The prosecutor alleged that Chagas and Kellogg were kept isolated from others who lived with Montano and confined to their respective bedrooms. Montano's niece, who stayed with the defendant for about a year, said that for the first month she lived at her aunt's apartment, she was not even aware Kellogg existed because the woman would hardly ever emerge from her bedroom.Others who resided at Montano's apartment or visited the home were offered various explanations for Chagas and Kellogg's presence, including that Kellogg was Montano's sister or Chagas' wife, according to testimony. Kellogg testified that she stayed in her bedroom for several hours each day and feared angering Montano, who would hit her if she did not obey the rules of the house.Zipp said that Kellogg ``had no agency'' and would not even eat without Montano's permission, even when the defendant was in custody. Following Montano's arrest, she phoned her downstairs neighbor from jail and asked her to go into her unit to bathe Kellogg. The neighbor testified that she was reduced to tears upon seeing Kellogg's skeletal figure, and that the senior would not leave the apartment until the neighbor lied and said she had called Montano and received her permission. Kellogg also did not allow the had called Montano and received her permission. Kellogg also did not allow the to strike Kellogg -- because she feared moving the utensil might anger Montano, the neighbor testified.Zipp alleged that while keeping the seniors under her thumb, Montano spent their monthly benefits for personal purposes such as a new truck and frequently gambling their funds away at local casinos.``There is one person whose needs and wants she considered, and that are those of the defendant,'' Zipp said. Montano's attorney, Shannon Sebeckis, argued there was no evidence that Chagas' malnutrition was caused by Montano, and was not the natural result of aging. Sebeckis reiterated the testimony of San Diego County Chief Medical Examiner Glenn Wagner, who declined to classify Chagas' death as a homicide. Wagner said Chagas was not getting sufficient food, but he could not opine as to why, only that it appeared to be due to non-medical factors.No calls were made by family or medical professionals to Adult Protective Services in Chagas' case, which also contributed to Wagner's opinion not to classify his death as a homicide, the doctor said. While evidence was presented that Chagas once told a doctor that his weight loss was due to not having enough money for food, Sebeckis said this was not proof that Montano was taking his money or withholding food, especially in light of Chagas' issues with handling his own finances. Chagas' family members testified that an accident that occurred at childbirth had left him ``slow,'' as his brother Richard described it, and that throughout his adult life, Chagas was susceptible to being scammed and had lost exorbitant amounts of money to fraudsters in the past, leading family members to take an active role in assisting him with taxes and paying bills.Sebeckis argued there was little direct evidence that Montano didn't feed the seniors, as plenty of her past roommates said they had seen her providing food for Chagas and Kellogg. The attorney also said Chagas was not confined at all, and regularly left the apartment each day for his janitorial job at Sea World, which he attended with a sack lunch prepared by Montano each day.Sebeckis said it was ``pure speculation and conjecture'' that Montano didn't use the seniors' funds to pay for their basic needs. Hernandez said the murder charge was the most difficult for him to rule on, but said that the totality of circumstances held Montano culpable in Chagas' death, saying the seniors ``basically wasted away while in her care.''Montano is being held on million bail and will return to court April 11 for a Superior Court arraignment. 5423

SAN DIEGO (CNS) - Leaders of the Los Angeles County Federation of Labor plan to announce Monday whether they will endorse a potential strike by grocery workers at Ralphs, Vons, Albertsons and Pavilions in San Diego County and the rest of Southern California.Raising the threat of the first Southland grocery strike in nearly 16 years, grocery workers last week overwhelmingly authorized their union to call for a work stoppage if a contract agreement cannot be reached.``Southern California grocery workers voted in large numbers, and overwhelmingly rejected the unfair terms that have been proposed by Ralphs, Albertsons and Vons,'' said John Grant, president of United Food and Commercial Workers Local 770.The voting was conducted Monday and Tuesday, Grant said. Albertsons/Vons/Pavilions issued a statement saying, ``The outcome of the strike authorization vote does not change anything related to this process. We remain committed to negotiating a contract that is fair to all parties, including our employees, and will continue to work to achieve that.'' Ralphs issued a similar statement and said, for now, ``it is business as usual in Ralphs stores.''The strike authorization vote means union negotiators have the power to call for a strike, if deemed necessary, but it does not automatically mean a walkout will occur.The next bargaining sessions involving the union and the companies are scheduled for July 10, 11, and 12, Grant said.The contract between the union and the companies expired in March. That pact was approved by workers in 2016 and included annual raises for most workers, along with increased pay for entry-level cashiers and concessions on holiday pay and retirement age, union officials said at the time.On Wednesday, union officials said the most recent contract offer made by the grocery companies included wage increases of less than 1 percent and nearly 25 percent cuts in cashier wages.The labor dispute raises fears of a repeat of the 2003-04 Southland grocery strike that dragged on for 141 days. That work stoppage was estimated by some analysts to have cost the supermarket chains as much as billion, with locked-out workers losing 0 million in wages. 2202

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