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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 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 for a single felony count of being an ex-con on prison grounds or adjacent lands, one of several offenses now being set at SAN DIEGO (CNS) - New health restrictions took effect Monday in San Diego County and the rest of Southern California, shutting down indoor service at restaurants among other closures, due to the rapidly increasing number of coronavirus hospitalizations.A state-mandated "regional stay-at-home" order went into effect at 11:59 p.m. Sunday, triggered when intensive-care unit bed availability remained below 15% after Saturday's daily update, according to the California Department of Public Health.The 11-county Southern California region's available ICU capacity was 12.5% Saturday, a decrease from 13.1% the day before. The ICU capacity Sunday for the region was 10.3%. San Diego County had 20.5% of its ICU beds available as of Saturday.On Sunday, the county reported 35 new hospitalizations, bringing the total to 4,871. Three more patients were placed in intensive care, bringing the total to 1,068.The Southern California region consists of San Diego, Orange, Los Angeles, Riverside, Imperial, Inyo, Mono, San Bernardino, San Luis Obispo, Santa Barbara and Ventura counties.The stay-at-home order will be in place for three weeks and prohibits gatherings of people from different households. Regions will be eligible to exit from the order on Dec. 28 if ICU capacity projections for the following month are above or equal to 15%.On Sunday, San Diego County officials reported 1,703 new cases of COVID-19 and seven additional deaths.That brings the total number of cases to 92,171 with 1,062 deaths.County Supervisors Chairman Greg Cox said the three-week stay-at-home order was tough to take."There's no way around it," Cox said during a special Saturday briefing. "It stinks."But in recent weeks, the county has experienced a rise in the number of coronavirus cases, hospitalization rates and the use of ICU beds, Cox said."We know the timing could not be worse," because of the holidays, Cox said. "But we know better days are ahead," he added, referring to the arrival of vaccines.Supervisor Nathan Fletcher said county residents are facing a tough situation."But COVID-19 is a tough virus," Fletcher said. "This is the toughest fight we've had to face during the pandemic. But hope is on the horizon with a vaccination, but it's not here now."Fletcher said the county faced an unprecedented situation."We don't have a choice," Fletcher said. "It is a deadly pandemic that is ravaging our community."Under the order, the following businesses/recreational facilities will be forced to close:-- indoor and outdoor playgrounds-- indoor recreational facilities-- hair salons and barbershops-- personal care services-- museums, zoos, and aquariums-- movie theaters-- wineries-- bars, breweries and distilleries-- family entertainment centers-- cardrooms and satellite wagering-- limited services-- live audience sports-- amusement parksSchools with waivers will be allowed to remain open, along with "critical infrastructure" and retail stores, which will be limited to 20% of capacity. Restaurants will be restricted to takeout and delivery service only. Hotels are allowed to open "for critical infrastructure support only," while churches are restricted to outdoor only services. Entertainment production -- including professional sports -- are be allowed to continue without live audiences.Some of those restrictions are already in effect in select counties.California has grouped its counties into five regions: The Bay Area, the Greater Sacramento Region, Northern California, the San Joaquin Valley and Southern California.The state reported Sunday that the Bay Area's ICU capacity is at 24.1%, Greater Sacramento at 18.2% and Northern California at 26.5%.The San Joaquin Valley joined the Southern California region in the new shutdown protocol Sunday night, as its ICU capacity dropped to 6.6% on Sunday. It was at 8.6% on Saturday.The state's full stay-at-home order can be read at https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Regional-Stay-at-Home-Order-.aspx. 3994 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

SAN DIEGO (CNS) - A man who fatally stabbed his 66-year-old uncle during an argument in their Pacific Beach condominium was sentenced Monday to 15 years to life in state prison.Randy Bautista Baisa, 39, pleaded guilty to a second-degree murder charge in connection with the 2018, killing of Merlino Bautista. Authorities said the defendant and the victim lived together.Prosecutors said Baisa -- who has significant mental health issues, according to the prosecution and defense -- stabbed his uncle 16 times, mostly in the back. One stab wound to the left arm severed an artery, the prosecutor said.Baisa previously pleaded not guilty by reason of insanity but withdrew that plea in May.RELATED: Nephew arrested, accused of stabbing uncle to death in Pacific Beach apartment complexA neighbor at The Plaza Condominiums complex on Diamond Street called 911 in the early morning hours of Jan. 17, 2018, after the mortally wounded Bautista knocked on the door asking for help.Bautista was on the ground of a second-floor hallway when officers arrived on scene and immediately began administering medical aid, police said.He was taken to Scripps Memorial Hospital in La Jolla, where doctors pronounced him dead.Police found Baisa -- who they believed stabbed Bautista inside their residence -- at the complex and arrested him. 1331

SAN DIEGO (CNS) - A jury awarded million Friday to the widow of a retired San Diego Police Department criminalist who committed suicide after he was accused of a 1984 murder.The attorneys alleged the investigation was begun improperly by San Diego police homicide detectives, driving her husband to suicide.The verdict was the result of a federal lawsuit alleging wrongful death and civil rights violations filed by Kevin Brown's widow, Rebecca, against the city of San Diego and its police department. Jurors are due back in court Tuesday to consider punitive damages.Brown, 62, was suspected in the murder of Claire Hough, who was strangled and found dead at Torrey Pines State Beach in 1984. Brown hanged himself at Cuyamaca Rancho State Park in October of 2014, which his lawyers said was a result of the homicide investigation, as well as the seizure of numerous items of sentimental value from his Chula Vista home.Rebecca Brown's attorneys alleged now-retired SDPD Detective Michael Lambert misled a judge when securing an affidavit for a warrant to search and seize property at Brown's home. The affidavit was secured on the basis of Brown's sperm cells, which were found on a vaginal swab of Hough, though Rebecca Brown's attorney, Eugene Iredale, said those cells were most likely transferred onto the swab via accidental cross-contamination.Iredale told jurors that lab techs at the SDPD crime lab often used their own semen as reference samples when conducting testing for the presence of semen.Other DNA evidence found on Hough's clothing pointed to another suspect, Ronald Tatro, who was previously convicted in several other rapes and assaults on women. Tatro, who died in 2011, was matched to several blood stains and a pubic hair found on the girl's clothing, Iredale said.Despite Tatro's DNA being far more prominent on the swab, Iredale said Lambert used Brown's sperm cells and evidence that Brown had frequented strip clubs in the 1980s to suggest he worked in concert with Tatro in the killing.However, no such connection between the men was ever discovered, nor was Brown ever connected to the murder.Brown, who suffered from anxiety and depression, was "obsessed with getting his property back," Iredale said, yet was unable to secure their return over the course of several months.Iredale said the prospect of spending time in jail while fighting to clear his name and the property seizure was enough to push Brown to suicide.The attorney said Lambert was aware Brown was suicidal and held onto his property "because he knew it would cause pain and hurt, because he felt he was going to break him down, he was going to crack the case."Deputy City Attorney Catherine Richardson argued at trial that Lambert relied upon DNA experts when he wrote the affidavit and was not given all the information he needed.The attorney said Lambert asked about contamination when presented with the evidence of Brown's DNA, but was told by his sergeant that contamination was not possible. She also said Lambert was not informed that SDPD lab techs sometimes used their own semen for testing until months after the search warrant was secured.Richardson said the items from Brown's home had to be seized in order to prove or disprove a possible connection between Tatro and Brown, which would have dated back more than three decades, and that a rigid investigation was needed to prove there was no favoritism toward an SDPD employee."If he hadn't investigated (Brown), then the police would have been accused of covering up for one of their own," Richardson told the jury in her opening statement. 3615

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