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SAN DIEGO (CNS) - A transient who allegedly overpowered a woman in the East Village, dragged her into some bushes and sexually assaulted her before running away pleaded not guilty Tuesday to three felony charges, including assault with intent to commit rape.Gary Ryan Cushinberry, 51, who is on felony probation for robbery and failing to appear in court, was ordered held without bail.Late on the evening of Nov. 5, Cushinberry allegedly grabbed a 26-year-old pedestrian walking by herself in the 400 block of 13th Street, pulled her off the sidewalk and assaulted her before fleeing.Detectives identified Cushinberry -- a recent transplant from Indiana who has been living on the streets of San Diego -- as the alleged perpetrator by means of ``several tips and leads,'' Lt. Jason Weeden said.Cushinberry was arrested last Friday about 6:45 a.m. in the 200 block of 17th Street.When Judge Jay Bloom ordered the defendant to stay away from the alleged victim, Cushinberry said ``I don't know the woman,'' according to Deputy District Attorney Martin Doyle.The prosecutor said Cushinberry has a criminal past from Indiana that is still being looked into.Cushinberry -- who is also charged with two counts of digital penetration by a foreign object, faces 21 years in prison if convicted, Doyle said.A readiness conference was set for Dec. 3 and a preliminary hearing for Dec. 5. 1391
SAN DIEGO (CNS) - Juvenile arrest rates in San Diego County are the lowest they've been in a decade, according to a report released Friday by the San Diego Association of Governments.City and county law enforcement officers made 13.9 juvenile arrests per 1,000 people in 2017, compared to 56.9 arrests per 1,000 people in 2008, more than four times more.However, San Diego County still has the second highest juvenile arrest rate among large counties in Southern California, with San Bernardino County's rate sitting at 16.7 arrests per 1,000 people.SANDAG's Criminal Justice Research Division prepared the report."The juvenile arrest rate comparison continues a 10-year decline," said SANDAG Division Director of Criminal Justice Cynthia Burke. "This trend also has been seen in other jurisdictions across the state and nation."Arrest rates for adults remained steady at 33.5 per 1,000 people from 2016 to 2017. Adult arrest rates have declined since 2008, though, when law enforcement officers arrested 42.8 adults per 1,000 people.Arrests for violent offenses ticked up for both adults, from 13,924 to 14,356, and juveniles, from 1,138 to 1,183. Property-related offenses fell for both demographics, with adult arrests dropping from 8,642 to 7,862 and juvenile arrests dropping from 1,027 to 829."This decline in property-related arrests for adults may be related in-part to Proposition 47 which was passed in 2014 and reduced several property and drug-related offenses from felonies to misdemeanors," Burke said.According to SANDAG, misdemeanor rates spiked in 2015 after the enactment of Proposition 47 while felony rates dropped.Since then, however, felony rates have stabilized at 8.6 per 1,000 for adults and 4 per 1,000 for juveniles while misdemeanor rates have dropped, especially among youth in San Diego County.Adults in their 20s had the highest arrest rate of any age demographic at 60.3 per 1,000 while residents 70 or older were arrested at a rate of 1.7 per 1,000, the lowest of any age range. Residents 70 or older were more likely than their younger counterparts to be arrested for violent offenses, though, according to SANDAG. 2156

SAN DIEGO (CNS) - A long-planned but controversial religious tourism and conference center project in Mission Valley received final approval today from the San Diego City Council.Construction of the 1 million Legacy International Project will be funded by televangelist Morris Cerullo.Slated for the 18-acre site of the former Mission Valley Resort, the project encompasses five buildings, including a new 127-room hotel and restaurant. It will also have a replica of Jerusalem's Wailing Wall and a domed theater featuring biblical films.At a hearing two weeks ago, opponents expressed concerns over the potential for increased traffic in an already congested area.Cerullo's organization plans to add one lane in each direction on Hotel Circle South. Under a permit condition, they plan to maintain a count of vehicles that enter the facility's driveway over the first three years.On its second reading, the item was passed without comment on a 7-2 vote, with Georgette Gomez and Chris Ward dissenting.The council also approved an amendment to council policy that will move up the timeline for receiving ballot submissions from the public.The change does not affect citizens initiatives or referendums that go through the signature collection process.According to City Clerk Elizabeth Maland, the amendment will provide a little more clarity to the public about the process. She said receiving the measures earlier will give city officials more time to provide legal review and analysis, along with help in drafting language.The policy change will also affect submissions from city officials and departments or other public agencies. 1644
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) - Barrels holding an unknown substance were found on a Rancho Pe?asquitos sidewalk today, and San Diego Fire-Rescue investigators were looking into it.The unidentified drums were found unattended around 9:30 a.m. on Kika Court near Mercy Road.Hazmat crews took samples from the drums but were unable to determine what substance was inside, San Diego Fire-Rescue spokesman Jose Ysea said.Investigators left the scene, and a contractor was called in to remove and dispose of the material. 510
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