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SAN DIEGO (CNS) - An ex-con who opened fire in the Gaslamp District two years ago, wounding an off-duty sheriff's deputy and a bystander, was sentenced Wednesday to 71 years to life in state prison.Ray Pitoau, 39, was convicted last month 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 the deputy's younger sibling, Joshua.Prosecutors said Philpot and his group walked past Pitoau, who got into an argument with the deputy's sibling on Island Avenue near Sixth Avenue just after 1 a.m.RELATED: Man convicted of assault with gun in Gaslamp shooting that wounded deputyPitoau testified that he pulled out a gun in self-defense because a group of men, including Jason Philpot, were advancing on him. He testified that he and the deputy both grabbed onto the gun, leading it to fire as they grappled over the weapon.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. One of the rounds ricocheted off the sidewalk and struck Shvets.Pitoau was arrested about a month later in Mexico.RELATED: Man convicted in Gaslamp shooting involving off-duty deputy sentencedSan Diego County Superior Court Judge Melinda J. Lasater declined to dismiss a number of allegations that added years to Pitoau's sentence due to his numerous prior convictions for crimes dating back to 1991, including burglary, assault, and being a felon in possession of ammunition.Deputy District Attorney Michael Reilly said Pitoau had demonstrated a history of re-offending each time he was released from prison and that "he knew better" than to bring a gun to the Gaslamp Quarter that day.Defense attorney Jessica Marshall said evidence at trial showed the Philpots and other members of their group had been drinking and were being aggressive, with the attorney arguing Pitoau "is not the only reason this happened."RELATED: Gaslamp deputy shooting suspect escapes Spring Valley SWAT standoffJurors deadlocked on the assault counts in Pitoau's two previous trials, though one of those juries convicted Pitoau on three felony firearm possession counts. 2459
reases is wrong, as these sectors continue to do the right things, while trying to weather the ongoing pandemic and the back and forth of reopenings," Wooten's request states.Deputy Attorney General Jonathan Eisenberg, representing the state, said Wooten's conclusions were based on case numbers that have since increased and cited statements she made during a Nov. 17 San Diego County Board of Supervisors meeting, which drew a different conclusion.During the meeting, Wooten said "the numbers have expanded" since she made her request to the state."We couldn't in good conscience create that same argument since that adjudication submission was sent to the state," Wooten said while answering questions from the Board of Supervisors.Eisenberg called the recent spike in cases "an unprecedented surge" with record numbers being reached at the state, local and national level.Saying the lawsuit was based on outdated figures, Eisenberg cited a study submitted to the court which he said indicated full-service restaurants and gyms are "the top spreader locations" of virus infections.Katz argued that study was done early in the pandemic and without taking the sanitation measures businesses have implemented into account.Katz said restaurants and gyms are being punished despite adhering to the state's guidelines and said the state's reopening plan has applied its restrictions to restaurants and gyms in an arbitrary manner, which he claimed wasn't backed by science.The businesses allege in their complaint that they may be forced to close permanently if indoor operations don't resume, and that outdoor and takeout service will not make up for the economic losses incurred thus far.While Eisenberg acknowledged that businesses are suffering from "great economic hardship," he said "the balance of harms here is overwhelmingly in favor of keeping these restrictions in place."Cowboy Star Restaurant and Butcher Shop sent ABC 10News the following statement after the judge's ruling. 4120

SAN DIEGO (CNS) - As part of its reopening plan amid the coronavirus pandemic, the San Diego Unified School District allowed some students facing severe challenges to return to in-person learning today, but a timeline for the district to reopen fully remains unclear.Phase 1 of the district's plan to reopen is to allow elementary school students ``who have been uniquely identified by their teachers as experiencing learning loss'' to have limited in-person appointments.Participation is voluntary and students who participate in the sessions will continue to receive online learning.On Tuesday, Lafayette Elementary School in the Clairemont Mesa neighborhood invited back 25 of the 27 students who were asked to return to in- person instruction -- many of whom are part of a deaf and hard-of-hearing program at the school.The district's Phase 1 includes a mandate for less than 20% capacity for rooms and for schools, half days to avoid groups eating at schools and a six-foot distancing everywhere on school grounds -- barriers or no barriers.This summer, San Diego Unified adopted standards developed in consultation with experts from UC San Diego. As a result, conditions for the district's reopening local schools are considerably stricter than state standards, and much stricter than various other school districts in the region that have opened for in-person learning.According to the district, all California Department of Public Health criteria has been met to a level where limited in-person classes are possible.The next stage will be when both state and county data fit the district's stricter metrics. That date is anyone's guess, leading to some frustration from parents.Parents and guardians in the ``Reopen SDUSD'' group said the district's current reopening plan was ``riddled with vague language that is a far cry from a comprehensive plan that families have been asking for.''With the criteria SDUSD has in place, it could be weeks or months until in-person school becomes more widely used. Even then, it's not a guarantee school will head back as soon as the numbers fit.In the Chula Vista Elementary School District, a push from Superintendent Francisco Escobedo to reopen the state's largest elementary school district for in person instruction on Oct. 26 was met with significant backlash from the Chula Vista Educators union.Susan Skala, the union representative, said collective action and possibly even a strike was on the table unless Escobedo and the administration backed down. Chula Vista is seeing higher-than-average numbers of COVID-19 cases and hospitalizations, and after parents, guardians and educators spoke at a town hall last week, the district relented, moving the new start date to sometime ``near the end of the year.''That example leaves San Diego Unified with a difficult path to walk during the continuing pandemic with public safety, education, unions and families all playing a part.The district has made efforts to make schools and sites safe, purchasing million in personal protective equipment and other safety equipment. It has also received some 200,000 masks in child and adult sizes from the state, along with 14,000 bottles of hand sanitizer. 3211
SAN DIEGO (CNS) - A proposal to add a fenced-in, off-leash dog park and walking trails at Fiesta Island in Mission Bay Park was vetted Thursday by the San Diego City Council's Environment Committee, which unanimously voted to send to the full council.The committee considered two options for an amendment to the Mission Bay Park Master Plan, which guides future development of the area. Either option would update Fiesta Island, a partially undeveloped area of the park, by adding new amenities and park area to the island's southwest section.The committee ultimately chose the plan dubbed "option B," which reserves much of the island's southwest area for a fenced-in, off-leash dog park and also includes parking areas and walking trails.Option A would have allocated much of the southwest area for a fenced- in, off-leash dog park but would have also included a non-motorized boat launching area along the water, a road extension, larger parking facilities and a designated swimming beach for residents.The Fiesta Island amendment to the Mission Bay Park Master Plan has been in development for roughly two years. Committee attendees, including members of the Fiesta Island Dog Owners group, overwhelmingly stated their support for option B.City Councilman Scott Sherman said his office received roughly 30 calls and more than 300 emails in support of option B, due in part of members of FIDO posting his office's contact information. City Councilwoman Vivian Moreno also expressed appreciation for the public support for option B, particularly among dog owners."I am confident that city staff will be able to find a permanent location for non-motorized personal watercraft in other locations in Mission Bay Park," Moreno said. "But I don't think we need to destroy the experience of thousands and thousands and thousands of dog owners who use Fiesta Island right now in order to do so."Option B also received support from former City Council members Donna Frye, Sherri Lightner and Lorie Zapf."It's important to preserve as much open space as possible," City Councilwoman Barbara Bry said of option B. "It doesn't require any expensive infrastructure and, most importantly, will preserve Fiesta Island as a gem and a magical place for San Diegans for generations to come."The committee did not announce when the proposal will go before the full council. 2365
SAN DIEGO (CNS) - A North Carolina man who raped and murdered a 79- year-old woman in her Normal Heights home more than three decades ago was sentenced Friday to life in prison without the possibility of parole. Kevin Thomas Ford, 63, was convicted by a San Diego jury last month for the May 20, 1987, murder of Grace Hayden, who was strangled and smothered during the rape, according to Deputy District Attorney Valerie Summers. The prosecutor said Ford worked as a driver for older medical patients in San Diego and had driven Hayden two days before her body was found on the floor of her bedroom. DNA on the victim's body, as well as a fingerprint found on her stovetop led to Ford's 2018 arrest in North Carolina. Jurors deliberated for about five hours before convicting Ford of murder and special circumstance allegations of murder in the commission of rape and murder in the commission of a burglary. RELATED: Testimony wraps in trial of 1987 rape, murder of Normal Heights womanFord claimed to have had consensual sex with Hayden on or around the day she was killed, but maintained at trial and the sentencing hearing that someone else killed her after he left her home. At Friday's sentencing, Ford addressed the court, saying he sympathized with Hayden and her family and couldn't imagine if something similar had befallen his mother or grandmother. ``I can't imagine what it's like, having to go through what Grace Hayden went through. It must have been a night of sheer terror,'' Ford said. “But the police got the wrong man. Whoever did this is either dead or still running around free. I didn't do it. God knows I didn't do it.'' San Diego County Superior Court Judge Louis R. Hanoian expressed his disappointment with Ford's denial of the crime, calling the killing ``despicable'' and ``heinous,'' prior to imposing the life without parole sentence. ``You have to be the most unlucky person on the planet, maybe the most unlucky person who has ever lived on this planet, to have supposedly engaged in consensual sexual intercourse with a 79-year-old invalid woman, left your biological material in her, and then within -- 12 hours? -- that woman is found dead as the result of a rape murder that you didn't do?'' Hanoian said. ``The jury didn't believe it. I didn't believe it. I don't believe it.'' RELATED: Man pleads not guilty in 1987 rape, murder of San Diego womanSummers told jurors in her closing argument that injuries to Hayden's face and the back of her head indicated a ``horrible struggle.'' The victim asphyxiated from a dislodged lower denture, which is believed to have come loose during the attack. ``The final moments of this woman's life, which should have been in peace, were violent, sexually violent, and just nothing but pure terror,'' the prosecutor said. Summers said the defendant told investigators he didn't know Hayden, then testified at trial that he had lied because he didn't want to get in trouble. He also wrote a letter to his wife stating he thought he might be arrested someday, but ``I didn't know how good their evidence was,'' according to Summers, who told the jury, ``Well, now he knows, as do you.'' Summers also called Ford's claim of consensual sex a ``ridiculous story,'' particularly given Hayden's mobility issues. Defense attorney Courtney Cutter alleged the prosecution ignored the presence of a second man's DNA on vaginal swabs of the victim. The identity of the second DNA contributor remains unknown. The attorney also argued that Ford's fingerprints were nowhere else to be found in Hayden's home, not even on items the perpetrator apparently rifled through to steal, including Hayden's purse and pill bottles. 3688
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