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SAN DIEGO (CNS) - A San Diego federal judge largely upheld California's private prison ban in a ruling stemming from dual lawsuits filed against the state by the Trump administration and a private prison firm.U.S. District Judge Janis Sammartino issued a preliminary injunction Thursday upholding in most respects Assembly Bill 32, which took effect Jan. 1 and prohibits the operation of private detention facilities statewide.By 2028, the law would bar all inmates from being held at privately owned facilities. The law also prohibits agencies from entering into new contracts for privately owned detention facilities or renewing existing contracts at currently operating facilities.The federal government and private prison firm The GEO Group argued that the law is unconstitutional because it encroaches on the government's operations to house federal inmates by unlawfully allowing a state government to regulate federal operations.Additionally, the government has argued that private facility closures will force the relocation of thousands of inmates at high cost to taxpayers, with inmates also forced to be incarcerated at greater distances from their families, especially if they are relocated out of state.The GEO group alleges that it will lose around 0 million per year in revenue if forced to close down its California facilities and could lose more billion in capital investment and revenue over the next 15 years.Sammartino ruled that AB 32 is a regulation of private detention contractors rather than the federal government and its operations and disagreed with plaintiffs' arguments that AB 32 interfered with congressional objectives to house detainees in private facilities, except in respect to United States Marshals' detainees.Sammartino wrote, "Congress clearly authorized USMS to use private detention facilities in limited circumstances, such as where the number of USMS detainees in a given district exceeds the available capacity of federal, state and local facilities."As AB 32 would prevent the use of private facilities when no available space exists in other facilities, she preliminarily enjoined enforcement of the ban in regards to USMS detainees, but it remains in effect for the U.S. Bureau of Prisons and ICE.According to court papers, 1,100 USMS inmates in California are housed in private detention facilities, representing about 22% of USMS statewide.Among those inmates, many are housed at San Diego facilities that include the Metropolitan Correction Center, Western Region Detention Facility, and Otay Mesa Detention Center.The United States and the GEO Group can file amended complaints within the next three weeks, according to Sammartino's order. 2706

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) -- A prominent local civil rights leader called on the San Diego County Sheriff's Department Monday to fire a deputy who allegedly shared a "lewd and racist and vile" altered photograph of George Floyd taken from the viral video of the Minnesota man's death in police custody.The doctored image showed a nude male "porn star" kneeling on Floyd in place of Minneapolis police Officer Derek Chauvin, who kept his knee on Floyd's neck for nearly nine minutes as the detainee repeatedly protested that he could not breathe, according to NAACP San Diego Branch President Francine Maxwell. Floyd died on Memorial Day.The words "quit resisting" also were added to the picture, Maxwell asserted in a prepared statement.RELATED: Sheriff's employee removed after reportedly sharing vulgar image"The image was lewd and racist and vile and should disturb anyone with a shred of human decency," Maxwell said. "It is simply unacceptable (behavior for) a law enforcement officer."The deputy, whose name has not been confirmed by the Sheriff's Department, allegedly shared the photo via email, according to Maxwell. On June 18, he was suspended pending the completion of an internal investigation into the matter, said Lt. Ricardo Lopez, media relations director for the regional law enforcement agency."We were so disgusted that an employee may have shared such a vulgar image that within minutes we began to take action," Lopez stated. "Hours after being made aware of this incident, the employee was removed from his official duties and had his peace officer authority removed."In calling for the deputy's ouster, Maxwell also cited his shootings of suspects in 2005 and 2006, describing them as excessive and unjustifiable uses of lethal force. She said the lawman "must go" because "this is far from the first time he has shown himself to be an overtly racist and deplorable human being" and because "this (doctored-photo) incident shows he has clearly not changed his evil, racist and hate-filled ways and (that) he is a danger to all residents of the county."The sheriff's spokesman said the department's leaders "understand the public concern" over the episode and "want to bring the matter to a just conclusion as soon as possible." Lopez said."The Sheriff's Department does not tolerate any ... actions by its employees that are a detriment to our core values," Lopez asserted in a statement issued Monday. 2424

SAN DIEGO (CNS) - A teenage Oceanside resident was arrested Thursday on suspicion of gunning down another young man last week near Vista Transit Center.Homicide detectives arrested 19-year-old Issac Martinez on Tuesday in connection with the death of Jonathan Ruiz, 20, according to sheriff's officials. Martinez was booked into San Diego Central Jail on suspicion of murder and was being held without bail.Deputies responding to reports of gunfire shortly before 2:30 p.m. Nov. 4 found Ruiz gravely wounded on a dirt path off the 200 block of Olive Avenue in Vista, Lt. Michael Blevins said. Medics took the Vista resident to a hospital, where he was pronounced dead shortly after arrival.Witnesses described seeing two teenage boys or young men running away from the transit center following the shooting, Blevins said.Officials have not revealed a possible motive in the case or disclosed what led investigators to identify Martinez as a suspect in the slaying.  983

SAN DIEGO (CNS) - An ex-con accused of abducting and sexually assaulting a woman in two separate locations before letting her out of his truck in Logan Heights pleaded not guilty today to felony charges, including rape and sexual penetration by force.Phillip Terrel McLeod, 47, who has a criminal record that includes a similar kidnapping case from 2002, faces 160 years to life in prison if convicted, said Deputy District Attorney Patrick Espinoza, McLeod was ordered held on million bail.The prosecutor said the 27-year-old alleged victim in the current case was initially attacked on Delta Street near Balboa Elementary School about 11:30 p.m. on Dec. 20.Espinoza alleged that McLeod pulled up and threatened to use a Taser on the woman, then forced her into his white pickup truck and drove her to an area near 39th Street and Broadway in Mount Hope, where she was sexually assaulted.The prosecutor said the victim fought back and McLeod drove her to Logan Heights, where he allegedly tried to rape her again. The victim pleaded with McLeod to let her go, and he did so near 32nd Street and National Avenue, Espinoza said.McLeod -- who is also charged with kidnapping for rape, attempted rape, assault with intent to commit rape, assault by means likely to produce great bodily injury and a misdemeanor count of resisting an officer -- was arrested Dec. 29.He will be back in court Jan. 15 for a readiness conference and the following day for a preliminary hearing. 1481