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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) - 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 thief armed with a pistol robbed an 18-year-old San Diego State University student near the southern outskirts of the college campus early Thursday.The victim was walking in the 5500 block of Montezuma Road when the robber confronted him about 12:45 a.m., according to SDSU police.After stealing the student's wallet, the bandit fled to a waiting white Toyota Prius and was driven out of the area by an accomplice. No injuriesor gunfire were reported.The robber was described as a thin, roughly 5-foot-10-inch black man in his late teens or early 20s, wearing black pants and a white shirt. Nodescription of the getaway driver was available.Investigators were reviewing surveillance-camera images of the crime, according to the campus police department. 781
SAN DIEGO (CNS) - A person at Morse High School was recently diagnosed with tuberculosis and may have exposed students and staff, the San Diego County Health and Human Services Agency announced Tuesday.HHSA is working with the San Diego Unified School District to notify those who were potentially exposed and provide TB testing. The dates of exposure are from Feb. 28 to March 13 of this year.Morse High School, in the Skyline area of San Diego, is currently participating in social distancing protocols due to COVID-19 and onsite TB screening will not be available.According to the HHSA, students who were identified as being potentially exposed to TB can get tested with their primary care provider. Students who do not have a medical provider should contact the county's TB Control Program at 619-692-8621 to arrange to arrange an appointment for a free test.School teachers and staff will be provided testing by the San Diego Unified School District.The disease is transmitted from person to person through indoor air during prolonged contact with an infectious person. Most people who are exposed to TB do not become infected."Testing is recommended for all those exposed to make sure they are not infected, since initial infection usually has no symptoms," said Dr. Wilma Wooten, the county's public health officer. "If a person is infected, early diagnosis and prompt treatment can prevent the infectious form of the disease."Symptoms of infectious TB include persistent cough, fever, night sweats and unexplained weight loss. People infected with the disease, or who are immunocompromised, may not show symptoms. It can be cured with antibiotics.Tuberculosis is not uncommon in the region but has been decreasing since the early 1990s and has stabilized in recent years.In 2013, a total of 206 cases were reported in the county, the lowest number since local TB cases peaked at 469 in 1993. There were 237 cases reported in 2017 and 226 in 2018. Last year, 265 residents were diagnosed with TB. To date, 67 cases have been reported in 2020.For more information on this potential exposure, the county HHSA recommends calling the county TB Control Program or Morse High School at 619- 725-5519. 2209
SAN DIEGO (CNS) - Authorities reached out to the public Wednesday for help in tracking down a motorist involved in a fatal hit-and-run on a Clairemont- area street last month.The unidentified driver's black four-door sedan struck and killed 44- year-old Shane Moore as he was crossing the street in the 5500 block of Clairemont Mesa Boulevard shortly before 7:30 p.m. Jan. 22, according to San Diego police and the county Medical Examiner's Office.The motorist continued driving and fled the area to the east. An SUV then ran over the mortally injured pedestrian.Moore, who apparently was homeless, died at the scene, despite efforts by witnesses to render first-aid.Based on broken-off car parts found at the site of the traffic fatality, investigators believe the vehicle that struck Moore was a 2016 or 2017 Honda Accord, police said.Anyone who might be able to help identify the hit-and-run driver is asked to call San Diego County Crime Stoppers at 888-580-8477 or contact the agency online at sdcrimestoppers.org. Tipsters may remain anonymous and could be eligible for a reward of up to ,000. 1109
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