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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) - 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) - A man was stabbed in the hands and pistol whipped in North Park Saturday after refusing to carry drugs from Mexico into the United States, police said.The victim, 49, was pressured by six friends earlier in the day to transport drugs from Mexico across the border, but he refused, said Officer Tony Martinez of the San Diego Police Department.They saw him later at 3 a.m. Saturday in the 4000 block of 30th Street, Martinez said."They got into a confrontation with him, and during the confrontation the victim was stabbed in both hands and pistol whipped," the officer said.The victim received a laceration to both hands and a laceration to the top of the head from being pistol whipped, Martinez said.The main suspect was a man known to the victim, he said. The other suspects were three men and two women. They all fled in a white Kia SUV with Mexico plates.Mid City Division detectives will be handling the investigation. 950

SAN DIEGO (CNS) - A man who went on a South Bay crime spree that included shooting at a moving vehicle and ramming an occupied San Diego police vehicle during a pursuit was sentenced Thursday to 19 years in state prison.Alfonso Ayala Flores, 26, pleaded guilty earlier this year to charges of assault with a semi-automatic firearm and resisting arrest for a series of crimes last November that culminated in him driving toward officers who cornered him in a cul-de-sac and ramming a patrol car.One officer opened fire on the pickup truck Flores was driving, striking the truck, but not Flores.He was also given a separate 16-month sentence for an unrelated burglary case, but that term will be served concurrently with his 19-year prison term.The spree began with Flores carjacking a motorist's Ford F-150 pickup at the Frontier Motel in San Ysidro on Nov. 6. Deputy District Attorney Mary Naoom said that on the following day, Flores shot at an occupied vehicle.Two days later, he sped off when San Diego police spotted him driving the stolen truck in the 1900 block of Dairy Mart Road in San Ysidro. The suspect, who had a female companion in the truck with him, fled west, where he wound up at the end of a cul-de-sac in the Nestor neighborhood.As officers got out of their cars and shouted at him to halt, Flores made a U-turn and accelerated toward them, prompting one of the officers to open fire, police and prosecutors said.Naoom said Flores rammed the patrol car with the pickup as he sped away, with police again in pursuit. The subsequent chase ended in the 1200 block of Holly Avenue in Imperial Beach, where he pulled over and ran off along with the woman, according to Sainz.His companion was quickly apprehended and questioned by police before being released. Flores was arrested a day later. 1815

SAN DIEGO (CNS) -- Hot temperatures are expected Tuesday throughout San Diego County amid a heat wave that will last through Thursday, according to the National Weather Service.High pressure will continue to strengthen through Thursday, causing the mercury to rise in most parts of the county, forecasters said. Temperatures will drop to around average when low pressure arrives on Friday.10News Meteorologist Megan Parry says temperatures are expected to near record highs in San Diego, Chula Vista, El Cajon, Oceanside, Carlsbad, Escondido, Poway, La Mesa, and Vista. Tuesday is set to be the hottest day of the year so far, according to Megan's forecast.RELATED: 10News Pinpoint Weather ForecastA heat advisory will be in effect Tuesday from 11 a.m. to 7 p.m. in coastal areas.Winds out of the east will be calmer than Monday, with wind speeds between 15-25 mph expected and gusts possibly reaching 40 mph.The NWS urged residents to drink plenty of fluids, stay out of the sun and check up on relatives and neighbors.Also, young children and pets should be never be left unattended in a vehicle, with car interiors able to "reach lethal temperatures in a matter of minutes," according to the NWS.High temperatures Tuesday are forecast to reach 91 degrees near the coast, 98 inland, 99 in the western valleys, 91 near the foothills, 86 in the mountains and 100 in the deserts.The mercury in coastal areas is expected to top out in the high-70s to low-80s near the coast and the mid-80s to low-90s inland on Wednesday, while temperatures in the western valleys are forecast to reach the low- to mid- 90s, forecasters said. 1631

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