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SAN DIEGO (CNS) - A man who wounded an off-duty sheriff's deputy and a bystander by opening fire in the Gaslamp District two years ago was convicted of assault with a firearm Thursday in his third trial in the case. Ray Pitoau, 39, was convicted 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 Philpot's younger sibling, Joshua, who Pitoau initially got into an argument with on Island Avenue near Sixth Avenue just after 1 a.m. RELATED: Gaslamp deputy shooting suspect escapes Spring Valley SWAT standoffSentencing is scheduled for Dec. 11. Pitoau was convicted in a prior trial of three felony firearm possession counts and was sentenced to 27-years-to-life for those convictions. However, both of his previous trials in the case resulted in hung juries regarding the assault charges. 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. A second round also passed through his right arm. One of the rounds ricocheted off the sidewalk and struck Shvets. RELATED: Man convicted in Gaslamp shooting involving off-duty deputy sentencedProsecutors said Philpot and his group walked past Pitoau when the defendant and Joshua Philpot traded insults. Pitoau testified that he grabbed a gun in self-defense because a group of men, including Philpot, were advancing on him. He testified that he and Jason Philpot both grabbed onto the gun, leading it to fire as they grappled over the weapon. Pitoau was arrested about a month later in Mexico.RELATED: San Diego deputy testifies against man charged with shooting him in Gaslamp District 1972

SAN DIEGO (CNS) - A study released Monday by the San Diego County Childhood Obesity Initiative found that more than one-third of fifth-, seventh- and ninth-graders in public schools around the county are obese or overweight. The study found that 34% of students in the examined grades were overweight or obese during the 2017-2018 school year, using data from the California Department of Education. The county had a lower obesity rate than California's 39% and the Centers for Disease Control & Prevention's 2015-2016 national estimate of 40.7% for youth aged 2-19. The study found disparities in obesity among ethnic and economic groups, with 24% of white students classified as obese, compared to 49% for native Hawaiian or Pacific Islander youths and 43% of Hispanic or Latino children. In addition, 42% of students facing disadvantages like homelessness, being in the foster care system, meal scarcity and having parents without a high school diploma were found to be obese or overweight. Only 24% of students who were not deemed socioeconomically disadvantaged were found to be overweight or obese. ``Childhood obesity remains a pervasive challenge, and sadly current rates have not changed much from the previous report released for the 2014-2015 school year,'' said Dr. Wilma Wooten, the county's public health officer. ``This indicates a need for new and continued investment in our communities to address the root causes and environments that hinder children's health.'' According to the Childhood Obesity Initiative, students who face challenges like food scarcity are often more likely to face issues with obesity because they don't have easy access to healthier and more affordable food options. Within the county, higher levels of obesity in children roughly correlated with census tracts in which higher levels of the population had an income of 200% of the federal poverty level or less. In addition, school districts with a higher rate of students in the Federal Reduced Price Meals Program tended to have higher rates of overweight or obese students. ``As a nation, we struggle with the idea that a child can be both overweight and not have enough to eat,'' said San Diego Hunger Coalition Executive Director Anahid Brakke. ``But these are two sides of the same coin. Families struggling to make ends meet must often sacrifice buying healthy food for cheaper, nutrient-poor options that are filling but high in calories, fat and sugar.'' The Childhood Obesity Initiative and the YMCA of San Diego County plan to tackle the problem of childhood obesity by promoting the ``5-2-1-0 Every Day!'' campaign, which encourages children to eat five or more servings of fruits and vegetables, spend fewer than two hours on recreational screen time, be physically active for an hour or more and avoid sugary beverages like soda. All YMCA branches in the county will have free Sept. 14 open houses offering information to families on the campaign and how to combat childhood obesity. Attendees will also have access to information on receiving financial help with a YMCA membership. 3100

SAN DIEGO (CNS) - A jury awarded million Friday to the widow of a retired San Diego Police Department criminalist who committed suicide after he was accused of a 1984 murder.The attorneys alleged the investigation was begun improperly by San Diego police homicide detectives, driving her husband to suicide.The verdict was the result of a federal lawsuit alleging wrongful death and civil rights violations filed by Kevin Brown's widow, Rebecca, against the city of San Diego and its police department. Jurors are due back in court Tuesday to consider punitive damages.Brown, 62, was suspected in the murder of Claire Hough, who was strangled and found dead at Torrey Pines State Beach in 1984. Brown hanged himself at Cuyamaca Rancho State Park in October of 2014, which his lawyers said was a result of the homicide investigation, as well as the seizure of numerous items of sentimental value from his Chula Vista home.Rebecca Brown's attorneys alleged now-retired SDPD Detective Michael Lambert misled a judge when securing an affidavit for a warrant to search and seize property at Brown's home. The affidavit was secured on the basis of Brown's sperm cells, which were found on a vaginal swab of Hough, though Rebecca Brown's attorney, Eugene Iredale, said those cells were most likely transferred onto the swab via accidental cross-contamination.Iredale told jurors that lab techs at the SDPD crime lab often used their own semen as reference samples when conducting testing for the presence of semen.Other DNA evidence found on Hough's clothing pointed to another suspect, Ronald Tatro, who was previously convicted in several other rapes and assaults on women. Tatro, who died in 2011, was matched to several blood stains and a pubic hair found on the girl's clothing, Iredale said.Despite Tatro's DNA being far more prominent on the swab, Iredale said Lambert used Brown's sperm cells and evidence that Brown had frequented strip clubs in the 1980s to suggest he worked in concert with Tatro in the killing.However, no such connection between the men was ever discovered, nor was Brown ever connected to the murder.Brown, who suffered from anxiety and depression, was "obsessed with getting his property back," Iredale said, yet was unable to secure their return over the course of several months.Iredale said the prospect of spending time in jail while fighting to clear his name and the property seizure was enough to push Brown to suicide.The attorney said Lambert was aware Brown was suicidal and held onto his property "because he knew it would cause pain and hurt, because he felt he was going to break him down, he was going to crack the case."Deputy City Attorney Catherine Richardson argued at trial that Lambert relied upon DNA experts when he wrote the affidavit and was not given all the information he needed.The attorney said Lambert asked about contamination when presented with the evidence of Brown's DNA, but was told by his sergeant that contamination was not possible. She also said Lambert was not informed that SDPD lab techs sometimes used their own semen for testing until months after the search warrant was secured.Richardson said the items from Brown's home had to be seized in order to prove or disprove a possible connection between Tatro and Brown, which would have dated back more than three decades, and that a rigid investigation was needed to prove there was no favoritism toward an SDPD employee."If he hadn't investigated (Brown), then the police would have been accused of covering up for one of their own," Richardson told the jury in her opening statement. 3615

SAN DIEGO (CNS) - An Italian restaurant in Encinitas agreed to pay ,800 to settle a pregnancy discrimination lawsuit filed by a former employee who alleged her hours were substantially cut, and she was ultimately fired, after she told her employer she was expecting, the U.S. Equal Employment Opportunity Commission announced Tuesday.After informing the owner in 2015 that she was expecting, the server was told that she "should stay home since she was pregnant, that her pregnancy had caused coverage problems, and that (the owner) would offer a position with less pay for more work so that she would not come back from her pregnancy leave," according to the complaint filed against Maurizio Trattoria Italiana LLC.She was fired in the summer of 2015, while less experienced servers were hired, according to the complaint.RELATED: Lawsuit aims to stop California's AB 5 from taking effect"Women should not be penalized for having children," said Christopher Green, director of the EEOC's San Diego office. "The EEOC takes pregnancy discrimination seriously and will vigorously protect the rights of pregnant employees."According to the EEOC, that conduct violated Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act.In addition to the financial settlement, the restaurant operator agreed to review and revise its policies to bring it into compliance with Title VII and the Pregnancy Discrimination Act, according to the EEOC."We commend Maurizio Trattoria Italiana for agreeing to comprehensive injunctive remedies that are intended to prevent future pregnancy discrimination," EEOC Regional Attorney Anna Y. Park said. "The EEOC continues to see pregnancy discrimination as an ongoing problem. We encourage other employers to follow suit and review their policies and practices relating to pregnancy discrimination to ensure they are in compliance with federal law." 1917

SAN DIEGO (CNS) - California Attorney General Xavier Becerra filed a lawsuit today against the Trump administration over its plan to begin construction on a border wall in San Diego and Imperial counties.Speaking to reporters at Border Field State Park, Becerra said he filed a complaint in federal court in San Diego that alleges legal and constitutional violations. He said the lawsuit was filed on behalf of the state and California Coastal Commission."The border between the U.S. and Mexico spans some 2,000 miles -- the list of laws violated by the president's administration in order to build this campaign wall is almost as long," Becerra said. "The Department of Homeland Security would waive 37 federal statutes, as well as regulations that 757

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