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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) - In a ruling stemming from a lawsuit brought the city attorneys of San Diego and two other cities and the state, a federal judge today granted a preliminary injunction against ride-hailing companies Uber and Lyft, requiring them to classify their drivers as employees rather than independent contractors in accordance with a new state law.San Francisco-based Judge Ethan P. Schulman ruled in favor of California Attorney General Xavier Becerra, and the city attorneys of San Diego, Los Angeles and San Francisco in their lawsuit alleging Uber and Lyft have misclassified their drivers, preventing them from receiving ``the compensation and benefits they have earned through the dignity of their labor.''The suit alleges the companies are violating Assembly Bill 5, which went into effect Jan. 1 and seeks to ensure ``gig workers'' misclassified as independent contractors are afforded certain labor protections, such as the right to minimum wage, sick leave, unemployment insurance and workers' compensation benefits.Both companies issued statements indicating they would appeal the ruling, which is scheduled to go into effect in 10 days.Schulman wrote in his ruling that ``both the Legislature and our Supreme Court have found that the misclassification of workers as `independent contractors' deprives them of the panoply of basic rights and protections to which employees are entitled under California law, including minimum wage, workers' compensation, unemployment insurance, paid sick leave and paid family leave.''The judge said that under the ``ABC test'' used to determine whether a worker is an employee or an independent contractor, the companies would not be able to argue their drivers are independent contractors as they perform work that is within the company's usual course of business.Schulman recognized that the injunction could have major impacts for the companies, as well as some drivers who prefer to remain independent, and wrote that ``if the injunction the People seek will have far-reaching effects, they have only been exacerbated by Defendants' prolonged and brazen refusal to comply with California law.''The campaign for Proposition 22, a proposed ballot initiative sponsored by Uber and Lyft that would allow rideshare drivers to work as independent contractors, decried the ruling.``We need to pass Prop 22 more than ever,'' said Jan Krueger, a retiree who drives with Lyft in Sacramento. ``Sacramento politicians and special interests keep pushing these disastrous laws and lawsuits that would take away the ability of app-based drivers to choose when and how they work, even though by a 4:1 margin drivers want and need to work independently.We'll take our case to the voters to protect the ability of app-based drivers to work as independent contractors, while providing historic new benefits like an earnings guarantee, health benefits and more.''San Diego City Attorney Mara W. Elliott called the ruling ``a milestone in protecting workers and their families from exploitation by Uber and Lyft, I'm proud to be in this fight to hold greedy billion-dollar corporations accountable, especially when a pandemic makes their withholding of health care and unemployment benefits all the more burdensome on taxpayers.''AB 5's author, Assemblywoman Lorena Gonzalez, D-San Diego, said, ``Uber and Lyft have been fighting tooth and nail for years to cheat their drivers out of the basic workplace protections and benefits they have been legally entitled to. They have enriched their executives and their bottom line, while leaving taxpayers on the hook to subsidize the wages and benefits of their drivers.``Today, the court sided with the People of California. I'm thankful to our Attorney General and city attorneys for demanding justice for the hundreds of thousands of rideshare drivers in California.'' 3862
SAN DIEGO (CNS) - As his trial entered its eighth week, a man who shot at officers from his ex-girlfriend's condominium in Bankers Hill pleaded guilty to four counts of assault with a firearm on a peace officer and agreed to a 20-year prison sentence, it was confirmed Thursday.Titus Colbert, 36, faces formal sentencing May 18 before Judge Louis Hanoian.Deputy District Attorney Michael Runyon was about to wrap up his case when Colbert decided to plead guilty Monday afternoon.Charges of premeditated attempted murder of a peace officer and assault with a semiautomatic weapon were dismissed.RELATED: Suspect in Bankers Hill standoff that shut down Lindbergh Field in courtRunyon said in his opening statement that Colbert took two rifles and a revolver belonging to his roommate in Las Vegas and showed up at his former girlfriend's condo in Bankers Hill a few days before his Nov. 4, 2015, arrest.According to Runyon, the morning of the shooting, Colbert's ex- girlfriend Ashley Davies realized that he'd had broken into her complex and sent him a text saying: "You're trespassing! You're going to jail!"Colbert responded by texting, "(Expletive), I'm going to be a star. (Expletive) you for putting my life in danger," the prosecutor said.When officers responded to Davies' sixth-floor condo near the roof of the complex, a shot rang out from behind her door and an officer returned fire, according to Runyon.The prosecutor said officers retreated and more shots were fired at them and members of a SWAT team.Hours later, police observed a rifle, revolver and a magazine for a rifle being thrown out of the window where Colbert was holed up, Runyon said.After Colbert's arrest, officers found 17 expended casings and another rifle under a pile of clothes in the room, the prosecutor said.Even though traces of cocaine and methamphetamine were found in Colbert's system, and even though he had a history of mental health issues, the defendant knew what he was doing that day, Runyon said.Defense attorney Melissa Tralla told the jury that Colbert had a psychotic break and was paranoid and delusional. She said that days before, Colbert had called Davies at least 50 times and was not acting right.Colbert was rambling, saying he had special powers and was part of the New World Order, Tralla said.The attorney said Colbert was showing signs of mental illness by age 6, and was diagnosed with schizophrenia by age 15. Tralla told the jury that Colbert did not intend or plan to kill officers that day. 2518
SAN DIEGO (CNS) - A Rancho Pe?asquitos elementary school was placed on a brief lockdown Tuesday morning as officers searched the area for a suspect wanted on an unspecified felony warrant. Rolling Hills Elementary School, on Pe?asquitos Drive west of Interstate 15, was placed on lockdown around 9 a.m. as police searched for the suspect along Avenida Montuosa, a street off Del Diablo Way just south of the school, according to San Diego police. Around 10 a.m., police called off the search and the lockdown was lifted, SDPD public-affairs officer Billy Hernandez said. Police did not specify the type of felony warrant or release a description of the suspect. 669
SAN DIEGO (CNS) - A masked man wielding an aluminum baseball bat robbed a Park West-area bank Tuesday.The thief confronted a teller at the Union Bank branch office in the 300 block of Laurel Street and demanded cash about 12:15 p.m., according to the FBI.After the clerk handed over an undisclosed amount of money, the bandit left the bank and fled the area in a red car, San Diego police reported.The robber was described as a roughly 6-foot-tall, 20- to 30-year-old black man wearing black pants, a blue long-sleeved shirt, tennis shoes, gloves and a white "theater style" mask, according to the FBI. 610