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SAN DIEGO (CNS) - An El Cajon man was sentenced Friday to 14 years in prison for distributing fentanyl, some of which caused the fatal overdose of a former player for the San Diego Old Aztecs Rugby Football Club.Christopher Glenn Emison, 33, pleaded guilty earlier this year to a distribution of fentanyl count for selling more than 40 grams of the drug, some of which led to the death of 45-year-old Derrick Hotchkiss in his San Diego home on April 11, 2019.A co-defendant, 34-year-old San Diego resident Jeffrey Alden Blair, pleaded guilty in February and is due to be sentenced next month.Prosecutors say Hotchkiss had text messages on his phone indicating Emison sold him fentanyl the night before his death.Shortly after Hotchkiss' death, investigators searched Emison's home and vehicle and seized fentanyl, heroin residue, firearms, ammunition and other items indicating drug sales.Prosecutors say Emison admitted to knowing the fentanyl was dangerous and apparently sent text messages to Hotchkiss to warn him of the drug's strength but never received a response."Selling drugs is not a victimless crime. Selling drugs is a root cause of crime, cartel violence, the destruction of families and in this case, death," said DEA Special Agent in Charge John W. Callery.U.S. Attorney Robert Brewer said, "This case and the fact that deadly fentanyl continues to ravage our community, taking more than 300 lives this year alone in San Diego County, demonstrates the urgent need to hold these dealers of death accountable for their actions."A statement from the Old Aztecs Rugby Football Club said, "We continue to grieve our beloved Deez ... Saturdays won't be the same; he was a large man with a heart to match." 1723

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) - A motorist was killed when his car was struck by a trolley after he drove past a trolley crossing gate in the Valencia Park area, police said Tuesday.The crash happened around 11:45 p.m. Monday near the intersection of Merlin Drive and Imperial Avenue, east of Valencia Parkway, San Diego police Officer John Buttle said.A 22-year-old man was driving a Toyota Prius southbound on 60th Street toward Imperial Avenue when he drove past trolley crossing arms and was struck by an eastbound trolley, Buttle said. The impact pushed the vehicle about 100 feet down the tracks.The victim, the only occupant of the Toyota, was pronounced dead at the scene, the officer said. The man's name was withheld pending family notification. 749

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 woman was injured illegally crossing the U.S.-Mexico border, a Border Patrol official said Saturday.The woman, a Guatemalan citizen, had one child with her whose age was not disclosed, U.S. Border Patrol Agent Eduardo Olmos said.Agents found her and the child around 8:25 p.m. Friday in an area east of the San Ysidro Port of Entry. She had injuries believed to be sustained from scaling the barbed wire border fence nearby.The woman was treated for her injuries, which weren't believed to be life-threatening, and she and her child were being processed at a Border Patrol facility, Olmos said.RELATED: Video shows men damage border fenceIt was unclear if she planned to claim asylum; the woman told agents she was not part of the migrant caravan that began arriving in Tijuana nearly two weeks ago, according to Olmos.About 5,000 Central American migrants were in Tijuana as of Friday, with many of them being housed in the Benito Juarez sports complex. Tijuana Mayor Juan Manuel Gastelum on Thursday called the caravan situation a humanitarian crisis and said the city was requesting help from the United Nation's Office for Coordination of Humanitarian Affairs.RELATED: Photos: Migrant caravan awaits next step 1241