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SAN DIEGO (CNS) - County health officials today reported the death of a San Diego County man due to flu complications, bringing this flu season's death toll in the region to seven.The 73-year-old man died due to influenza A complications on Dec. 16, according to the county's Health and Human Services Agency.The man's vaccination status and medical history are still being investigated. The other six county residents who have died this season had additional medical conditions and either weren't vaccinated or their vaccination status was unknown."Influenza can be deadly, especially for the elderly and people with chronic medical conditions," said Dr. Wilma Wooten, the county's public health officer. "Getting a flu shot is the best way to prevent getting sick."At this time last year, 11 county residents had died due to flu complications. Last flu season was the county's worst in nearly 20 years of collecting data, with 342 residents succumbing to flu complications. Residents over the age of 65 with underlying medical conditions accounted for much of that death toll, according to the county.According to the county's weekly flu report for Dec. 16-22, lab- confirmed flu cases rose for the fourth consecutive week, from 290 to 410. That jump is a far cry, however, from the same week last flu season when reported cases spiked to 2,332. To date, 1,339 flu cases have been reported and lab- confirmed this flu season."While we're seeing fewer flu cases this season, everyone 6 months and older should get vaccinated since the flu season could last through April and even May," Wooten said.In addition to residents 6 months and older, county health officials and the Centers for Disease Control and Prevention strongly advise the annual flu vaccination for people with a heightened risk of serious flu complications, like pregnant women, people older than 65 and people with chronic conditions like asthma and diabetes.County residents can get vaccinated at doctors' offices, retail pharmacies, community clinics and the county's public health centers. 2070

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 Rancho Pe?asquitos elementary school was placed on a brief lockdown Tuesday morning as officers searched the area for a suspect wanted on an unspecified felony warrant. Rolling Hills Elementary School, on Pe?asquitos Drive west of Interstate 15, was placed on lockdown around 9 a.m. as police searched for the suspect along Avenida Montuosa, a street off Del Diablo Way just south of the school, according to San Diego police. Around 10 a.m., police called off the search and the lockdown was lifted, SDPD public-affairs officer Billy Hernandez said. Police did not specify the type of felony warrant or release a description of the suspect. 669

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) - A man accused of opening fire inside a Poway synagogue, killing a woman and injuring three other people, pleaded not guilty today to more than 100 federal hate crime charges alleging he acted out of hatred toward the Jewish and Muslim communities.John T. Earnest, 19, is accused not only of the synagogue shooting but also of an earlier arson fire at an Escondido mosque. He is being charged by both federal and state prosecutors and faces a possible death sentence in both cases. Neither office has made a decision regarding whether they will pursue the death penalty.Earnest, of Rancho Penasquitos, is accused of carrying out the shooting at Chabad of Poway on April 27 -- the last day of Passover -- killing Lori Gilbert Kaye, 60, who was shot twice in the synagogue's foyer and died at a hospital.The congregation's rabbi, Yisroel Goldstein, 57, lost an index finger in the shooting. Two other people -- Almog Peretz, 34, and his 8-year-old niece, Noya Dahan -- were also injured.Earnest is also accused of setting a March 24 fire at an Escondido mosque -- a crime to which Earnest allegedly confessed in an online manifesto he posted prior to the synagogue shooting.Following his initial appearance Tuesday afternoon, he's slated to return to court May 28 for a preliminary hearing. He remains held without bail.He was charged last Thursday with 109 federal hate crimes: -- 54 counts of obstruction of free exercise of religious beliefs using a dangerous weapon, resulting in death, bodily injury and attempts to kill; -- 54 counts of hate crimes stemming from the synagogue shooting in violation of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act; and -- one count of damage to religious property by use of fire.Each of the 54 hate crime and obstruction of free exercise of religious beliefs counts apply to a person who was inside the synagogue during the shooting, Brewer said. Among those people, 12 of the congregants present were children, he said.Earnest is due back in federal court May 28.Earnest is also charged in state court with murder, attempted murder and arson. His next court hearing in the state's case is a readiness conference set for May 30.Kaye, a longtime member of Chabad of Poway, was at the temple with her physician husband and daughter the day of the shooting to honor her mother, who recently died. The rabbi, Goldstein, lost his right index finger in the shooting. Peretz was shot in a leg while shepherding children to safety. His niece was struck by shrapnel in her face and leg.An off-duty Border Patrol agent working as a security guard was inside the temple when the shooting began, and he opened fire as the suspect fled, San Diego County Sheriff Bill Gore said. The agent did not strike Earnest, but did hit the suspect's car, authorities said.Police said Earnest called 911 at around 11:30 a.m. and said he had been involved in the shooting and was armed.According to the federal complaint, Earnest told a dispatcher, ``I just shot up a synagogue. I'm just trying to defend my nation from the Jewish people ... They're destroying our people ... I opened fire at a synagogue. I think I killed some people.'' He allegedly added that he shot up the synagogue ``because the Jewish people are destroying the white race.''A San Diego police officer who had been en route to the synagogue spotted the suspect's vehicle and pulled him over at 17051 W. Bernardo Drive, less than two miles west of the synagogue, Deputy District Attorney Leonard Trinh said.Earnest got out of his vehicle with his hands up and was taken into custody without further incident, according to police.In the ``open letter'' that authorities say Earnest posted online shortly before the shooting, the author espouses flagrant anti-Semitic sentiments and a need to protect the ``European race.'' He wrote that he spent four weeks planning the attack, citing his ``disgust'' for Jews and a desire to kill them, and expressed admiration for the Australian white nationalist who attacked two mosques in Christchurch, New Zealand, in March, killing 50 people.The writer also claims responsibility for the March 24 fire set at the Dar-ul-Arqam Mosque, also known as Islamic Center of Escondido. The 3:15 a.m. fire was quickly extinguished by people inside the mosque. Graffiti left on the building made reference to the mosques attacks in Christchurch.Surveillance footage allegedly captured a suspect arriving at the mosque in the same type of vehicle in which Earnest was captured on the day of the synagogue shooting. 4568

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