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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) - Barrels holding an unknown substance were found on a Rancho Pe?asquitos sidewalk today, and San Diego Fire-Rescue investigators were looking into it.The unidentified drums were found unattended around 9:30 a.m. on Kika Court near Mercy Road.Hazmat crews took samples from the drums but were unable to determine what substance was inside, San Diego Fire-Rescue spokesman Jose Ysea said.Investigators left the scene, and a contractor was called in to remove and dispose of the material. 510

SAN DIEGO (CNS) - Authorities Tuesday reached out to the public for help in identifying and locating a gunman who fatally shot a 35-year-old man in the Grantville area nearly five months ago. Officers responding to reports of gunfire shortly after 2:50 a.m. on May 21 found Mario ``Tony'' Bullard lying on a street in the 6200 block of Holabird Street suffering from at least one gunshot wound, according to San Diego police.Paramedics responded, but Bullard was pronounced dead at the scene. RELATED: Victim in deadly Grantville shooting identifiedThe suspect was spotted running westbound on Vandever Avenue toward Mission Gorge Road after the shooting. He was described as a roughly 5-foot-6 white man who was last seen wearing a black hooded sweatshirt with a white logo on the front, black pants and carrying a backpack. Anyone with information about the suspect or the shooting was asked to call San Diego County Crime Stoppers at 888-580-8477. Tipsters can remain anonymous and could be eligible for a reward of up to ,000. 1040

SAN DIEGO (CNS) - A murder charge was filed Wednesday against a man accused of striking a man in the head with a wrench outside a 7-Eleven store in the Rolando neighborhood, resulting in his death five days later.John Cowan Patch, 26, is accused in the Nov. 5 attack on George Almestar, 30, who was found around 4:20 a.m. in the parking lot of the convenience store near the intersection of El Cajon and Rolando boulevards.Paramedics performed CPR on the victim, who was bleeding from his head, and took him to a hospital, where he was admitted in critical condition, Officer Scott Lockwood said.RELATED: Suspect pleads not guilty to 7-Eleven attack that left man on life supportAlmestar died at the hospital on Nov. 10, according to a GoFundMe page created by the victim's family.A motive for the attack has not been disclosed.Patch was arrested the same day and was arraigned Nov. 8 on attempted murder and assault with a deadly weapon charges. The complaint was amended following the victim's death.Patch is being held on million bail and is due back in court Jan. 6 for a readiness conference. 1108

SAN DIEGO (CNS) - A man who was previously acquitted of a 12-year-old Escondido girl's murder was released from county jail this week, months after he was charged with being a felon at a county jail.Richard Raymond Tuite, 51, was released Thursday after a judge set his bail at <云转化_句子> for a single felony count of being an ex-con on prison grounds or adjacent lands, one of several offenses now being set at <云转化_句子> bail in an effort to reduce jail populations since the COVID-19 pandemic began.He was charged in January for allegedly being at a corrections facility while having prior convictions that include burglary, bribery and escape from a jail. Details on why Tuite was at the jail remain unclear.RELATED: Investigation: Who killed Stephanie Crowe?Tuite had been in custody since January following the arrest, and his criminal case was recently reinstated after he was previously found mentally incompetent to stand trial. He's due back in court Sept. 24 for a preliminary hearing.Tuite was previously convicted of voluntary manslaughter and sentenced to 13 years in state prison in the well-publicized case regarding the stabbing death of seventh-grader Stephanie Crowe, but his conviction was later overturned and he was acquitted in a 2013 retrial.Crowe's body was found sprawled in the doorway of her bedroom by her grandmother early on the morning of Jan. 21, 1998. She had been stabbed nine times.Her older brother, Michael, and two of his friends, Aaron Houser and Joshua Treadway, initially were accused of committing the murder, and police extracted confessions from two of them during lengthy interrogations.The admissions were later ruled to have been coerced, and the charges against the boys were dismissed. During Tuite's retrial, the now-adult former suspects testified that they had no involvement in Stephanie's death.Tuite had been in the area of the Crowe residence the night the girl was killed. He was agitated and looking for a woman named Tracy, according to prosecutors, who contended that the disheveled and seemingly confused transient wandered into the Crowe home and attacked the girl.Investigators, however, found no physical evidence directly linking him to the crime scene.Analysts later found the victim's blood on two shirts that Tuite had been wearing on the day of the murder. Jurors who voted to acquit Tuite said they believed a defense theory of "contamination," in which blood from the crime scene somehow wound up transferred onto Tuite's clothing.More than two decades after the murder, two families reacted Friday after Tuite was released in the current case."I'm absolutely pleased. He is not a danger to anyone and doesn't belong in jail," said Tuite's sister, Kerry Licon."Richard Tuite, free, walking the streets after murdering my child, is our family's daily struggle to cope with. The absence of integrity, common sense - mixed in with qualified immunity - isn't just worrisome for us. It is a threat to everyone's safety!" said Stephanie's mother, Cheryl Crowe. 3019

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