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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) - More than a dozen animal shelters, rescues and sanctuaries across San Diego County Saturday will encourage people to adopt a pet during the fifth annual Clear the Shelters day.Clear the Shelters is a nationwide animal adoption event intended to help as many shelter animals as possible find a forever home. Since the event began in 2015, more than 300,000 pets have been adopted during Clear the Shelters events.The San Diego Humane Society's San Diego, Escondido and Oceanside campuses and the county of San Diego's Department of Animal Services shelters in Bonita and Carlsbad will participate in the event and waive adoption fees for all animals adopted throughout the day.At the county's shelters and the humane society, animals available for adoption have been spayed or neutered, microchipped and brought up to date on their vaccinations, if necessary. Prospective adopters can save time by searching the available pets at a shelter's website."People still need to go through the normal adoption process of filling out an application and doing a screening interview with staff. We just want to make sure their new owners are prepared and committed to an animal," County Animal Services Director Daniel DeSousa said.According to the county, 81 animals were adopted during last year's Clear the Shelters event, while more than 400 animals were adopted at the humane society's three locations last year. According to San Diego Humane Society President and CEO Gary Weitzman, more animals were adopted from SDHS than any other shelter in the United States."We use the phrase `clear the shelters' endearingly to express our desire for every shelter pet to have a new home and family of their own," Weitzman said.In addition, an assortment of other shelters and animal rescues like the El Cajon Animal Shelter, the Rancho Coastal Humane Society in Encinitas and Wee Companions Small Animal Adoption will participate in the event. A map of participating locations and their hours can be found at cleartheshelters.com. 2042

SAN DIEGO (CNS) - A San Diego firefighter who allegedly raped a 17- year-old girl was ordered Friday to stand trial on four felony sexual assault counts.Justin Curtis Price, 35, a fire engineer-paramedic who has been with the city public-safety agency for 10 years, was arrested in late April for the alleged Nov. 1, 2018, sexual encounter.Prosecutors allege Price had known the teen since she was about 9 or 10 years old. She turned 17 about two weeks prior to the incident.RELATED: San Diego Fire engineer charged with sexually assaulting teenPrice allegedly admitted to the rape in text messages with the girl's mother, according to preliminary hearing testimony.San Diego Police Detective Jeremy Margolis testified that he interviewed the victim, who said Price told her not to tell anyone about what happened, and that it would be "our little secret."Price is custody on 0,000 bail and faces five years in state prison if convicted of one count each of unlawful sex with a minor and sexual penetration with a foreign object, and two counts of oral copulation with a minor, according to Deputy District Attorney Jessica Coto. He's due back in court Oct. 23 for a Superior Court arraignment.Price was initially placed on unpaid leave from the fire department pending an internal investigation, but San Diego Fire-Rescue Department spokeswoman Monica Munoz said Friday that Price was no longer employed by the city. 1428

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) - A local privacy rights coalition Wednesday heralded the San Diego City Council's consideration of ordinances regulating the use, acquisition and funding of surveillance technology and establishing a Privacy Advisory Board.The council voted unanimously Tuesday to adopt both ordinances, which are intended to increase accountability within city government and law enforcement."My council colleagues joined me in taking the necessary next step to protect the civil rights and civil liberties of all San Diegans," City Councilwoman Monica Montgomery Steppe said.RELATED: Cameras in San Diego's controversial Smart Streetlights turned off — for now"The city of San Diego has a chance to lead here, and I look forward to the continuous collaboration with community organizations, my colleagues on the council and our city departments to ensure that we do."The movement towards an advisory board "started because our government and public officials failed us," said Deputy Public Defender Genevieve Jones-Wright, a member of The Transparent and Responsible Use of Surveillance Technology SD Coalition.Montgomery Steppe and supporters of the two proposed ordinances "changed the direction in which surveillance in San Diego was going -- even in the face of opposition by the very officials who led us into the quagmire," Jones-Wright said.Lilly Irani, an associate professor of communication and science studies at UC San Diego, said that for decades, technology companies "have been given free reign to design and deploy with little democratic oversight. People are saying that democracy also applies to technology that affects your life, not just to budgets or to who you elect."Seth Hall, of TechLead San Diego, said the council's actions will do more to protect the public from the harm of mass surveillance."With the passage of these ordinances, our leaders and our citizens are in unison demanding that the future of mass surveillance be very different from the past," Hall said.The surveillance ordinance will require transparency, accountability and oversight for all surveillance technology proposals and ensures the public can learn about the civil rights and civil liberties impact of surveillance technology before it is acquired by the city.If acquired, the use of surveillance technology must be re-examined each year to ensure any benefits outweigh the potential civil liberties and civil rights costs.The Privacy Advisory Board will provide residents with a public process to evaluate how the city monitors its residents. The creation of such a process is intended to allow the city to respond appropriately to concerns about civil liberties and privacy during a time of rapidly evolving technology.Montgomery Steppe said these ordinances will add the oversight required to build and maintain public trust.San Diego Police Department Chief David Nisleit raised concerns about the way the ordinances were written. He said while he supported oversight, the laws were "drafted with little to no input from law enforcement, victim advocacy groups" and other parties.Nisleit urged a more cautious, measured approach to the ordinances.Tuesday was the first reading. Both ordinances are subject to additional discussion before a second reading later this year or early in 2021. 3305