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SAN DIEGO (CNS) - As his trial entered its eighth week, a man who shot at officers from his ex-girlfriend's condominium in Bankers Hill pleaded guilty to four counts of assault with a firearm on a peace officer and agreed to a 20-year prison sentence, it was confirmed Thursday.Titus Colbert, 36, faces formal sentencing May 18 before Judge Louis Hanoian.Deputy District Attorney Michael Runyon was about to wrap up his case when Colbert decided to plead guilty Monday afternoon.Charges of premeditated attempted murder of a peace officer and assault with a semiautomatic weapon were dismissed.RELATED: Suspect in Bankers Hill standoff that shut down Lindbergh Field in courtRunyon said in his opening statement that Colbert took two rifles and a revolver belonging to his roommate in Las Vegas and showed up at his former girlfriend's condo in Bankers Hill a few days before his Nov. 4, 2015, arrest.According to Runyon, the morning of the shooting, Colbert's ex- girlfriend Ashley Davies realized that he'd had broken into her complex and sent him a text saying: "You're trespassing! You're going to jail!"Colbert responded by texting, "(Expletive), I'm going to be a star. (Expletive) you for putting my life in danger," the prosecutor said.When officers responded to Davies' sixth-floor condo near the roof of the complex, a shot rang out from behind her door and an officer returned fire, according to Runyon.The prosecutor said officers retreated and more shots were fired at them and members of a SWAT team.Hours later, police observed a rifle, revolver and a magazine for a rifle being thrown out of the window where Colbert was holed up, Runyon said.After Colbert's arrest, officers found 17 expended casings and another rifle under a pile of clothes in the room, the prosecutor said.Even though traces of cocaine and methamphetamine were found in Colbert's system, and even though he had a history of mental health issues, the defendant knew what he was doing that day, Runyon said.Defense attorney Melissa Tralla told the jury that Colbert had a psychotic break and was paranoid and delusional. She said that days before, Colbert had called Davies at least 50 times and was not acting right.Colbert was rambling, saying he had special powers and was part of the New World Order, Tralla said.The attorney said Colbert was showing signs of mental illness by age 6, and was diagnosed with schizophrenia by age 15. Tralla told the jury that Colbert did not intend or plan to kill officers that day. 2518

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) - Embattled Rep. Duncan Hunter criticized Navy officials Monday for their plans to possibly remove a Navy SEAL acquitted of murder charges from the service against the wishes of President Donald Trump. Hunter commented Monday outside San Diego federal court regarding the Navy's handling of the war crimes case of Navy SEAL Chief Edward Gallagher, who was acquitted by a military jury this summer of stabbing a wounded teenage ISIS fighter to death in Mosul, Iraq, as well as other charges of attempting to kill unarmed Iraqi civilians. Hunter discussed the Gallagher case for about five minutes with reporters, but did not comment regarding his ongoing campaign fraud case, in which he's accused of misusing 0,000 in campaign funds for personal use. Hunter was indicted along with his wife on five dozen criminal counts, including wire fraud, conspiracy, and falsification of records. Margaret Hunter, 44, has pleaded guilty to a conspiracy charge and awaits sentencing. Monday's hearing was postponed, but Hunter will return to court Dec. 3. RELATED COVERAGE:Trump says Navy won’t remove Gallagher’s SEAL’s designationEsper says Trump ordered him to allow SEAL to keep statusPentagon chief fires Navy secretary over SEAL controversyNavy to initiate 'Trident Review' of Navy SEAL Edward GallagherChief Edward Gallagher review expected to proceed despite Trump's oppositionGallagher was demoted in rank based on the sole conviction he received in the court martial for posing with the ISIS fighter's corpse in a photograph. On Nov. 15, Trump restored Gallagher's rank, but Navy officials said days later that a ``trident review'' would go forward regarding whether Gallagher would remain a member of the SEALs. Hunter, who has supported Gallagher throughout his court martial and news of the trident review, said ``The military will never admit that it's wrong on anything even when it obviously is,'' calling the Gallagher case an example of ``prosecutorial and bureaucratic abuse from within the military system.'' Hunter, who told reporters he's been in contact with Gallagher, said ``What the Navy was going to do was purely punitive, just to slap (Gallagher) in the face one last time before he retired.'' Hunter also criticized the Navy for ignoring Trump's authority as commander in chief. ``When the president says that Eddie Gallagher will retire with his trident with all the honors that he's earned in the Navy, that sends a pretty clear message that no retaliatory act by the Navy against Chief Gallagher is going to be accepted by the president,'' Hunter said. ``In this case, President Trump is the Secretary of the Navy's boss. He's everybody in the military's boss. So when he says something, whether he tweets it or not, or says it in a certain way or not, just because it's not written in the perfect bureaucratic order or way that we're used to from other people, doesn't mean that he doesn't mean what he says.'' On Sunday, Trump tweeted that he was ``not pleased with the way that Navy Seal Eddie Gallagher's trial was handled by the Navy,'' and said that Gallagher would retire with his Trident Pin. Navy Secretary Richard Spencer was fired Sunday, with the Gallagher case cited in a statement from the Pentagon as the central factor in Spencer's removal. DOD spokesman Jonathan Hoffman wrote that Secretary of Defense Mark Esper asked for Spencer's resignation after Spencer privately proposed to the White House to restore Gallagher's rank, despite his opposing public stance on the issue. In a resignation letter dated this Sunday, Spencer does not reference Gallagher specifically, but states that issues with Trump played a role. ``Unfortunately it has become apparent that in this respect, I no longer share the same understanding with the Commander in Chief who appointed me, in regards to the key principle of good order and discipline,'' he wrote. ``I cannot in good conscience obey an order that I believe violates the sacred oath I took in the presence of my family, my flag and my faith to support and defend the Constitution of the United States. The President deserves and should expect a Secretary of the Navy who is aligned with his vision for the future of our force generation and sustainment.'' In Trump's Sunday tweet regarding the Gallagher case, he briefly thanked Spencer ``for his service & commitment.'' The Navy SEAL review board is slated to hear Gallagher's case on Dec. 2. 4454

SAN DIEGO (CNS) - Less than a week after fully reopening its schools, the Vista Unified School District reported a second COVID-19 case involving a Mission Vista High School student, leading to the quarantine of about 150 students and four teachers.According to the district, the second student tested positive for the illness on Sunday. That student attended school Tuesday, Wednesday and Thursday last week and is not connected to the other case in a student confirmed last week, the district said."The parents notified us that the student likely contracted the virus while traveling on a club athletic team not affiliated with school," a district statement reads. "We immediately notified all parents, students and staff who may have come into contact with the student."While it is unlikely the student came into close contact with all 150 students and four teachers, the district said it was "proceeding with an abundance of caution" and placing all of them on a 14-day quarantine and pivot to Zoom and Canvas distance-learning classes.According to the district's COVID-19 safety dashboard, it has recorded five cases since Sept. 8, and just one since Oct. 20.The Vista Unified School District, fully reopened its 28 schools last Tuesday, eschewing some of the more cautious measures some other districts are taking, moving into its Phase 3 reopening plan. The "Vista Classic" plan allows every school in the district to reopen at full capacity. Parents and guardians will still be able to keep students in "Vista Virtual," the district's distance-learning program, if they so choose."Our health and safety measures were working well, with mask wearing and handwashing particularly strong on all campuses," Vista Superintendent Matt Doyle said after visiting campuses Tuesday. "We will continue to refine arrival, dismissal, and lunchtime routines for students as they relearn how to interact with their friends in this new social distancing environment."The district said it will attempt to have social distancing as much as possible, but will allow as many as 38 students in a single classroom, so desks will not be spaced six feet apart.A rally Oct. 15 by teachers and parents at Foothill Oaks Elementary School attempted to dissuade the Vista Unified School Board from reopening, with many educators believing the safety measures inadequate.Plexiglass barriers were not provided to teachers. Instead, they were given PVC pipes and plastic liner to create makeshift protection from students returning to in-person learning. 2538

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