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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) - It was a big day for Democrats running for San Diego City Council.Tuesday's election brought about major change on the council, with five new faces joining the nine-member panel.While council races are technically nonpartisan, in recent years, council decisions have broken largely along party lines, with conservatives regularly outnumbered.-- In District 1, which has been represented by Democrat-turned-mayoral candidate Barbara Bry since 2016, Democrat Joe LaCava, a civil engineer and business owner, defeated small business attorney Will Moore, 61.8% to 38.2%.District 1 includes La Jolla, Del Mar Heights, Carmel Valley and University City.-- In District 3, Councilman Chris Ward vacated the seat to run for state Assembly. A Democrat, Ward has served since 2016. Democrat Stephen Whitburn, a community nonprofit director, defeated fellow Democrat Toni Duran to claim the seat.District 3 represents Balboa Park, Hillcrest, Downtown San Diego, North Park, Old Town, Normal Heights, Golden Hill, Little Italy and University Heights.-- In District 5, Democrat Marni von Wilpert, a deputy city attorney, defeated Republican Joe Leventhal, an attorney and small business owner. That gives the Democrats another seat on the council, replacing Mark Kersey, an independent who votes with his more conservative colleagues as often as he votes with the progressive ones. He has served since 2012 and has termed out.District 5 represents Black Mountain Ranch, Rancho Bernardo, Rancho Penasquitos, Scripps Ranch and Torrey Highlands.-- In District 7, Republican Scott Sherman has termed out. He ran for mayor and finished in third place in the March primary. Democrat Raul Campillo, a deputy city attorney, defeated Republican Noli Zosa, a small business owner.District 7 represents north-central and northeast San Diego, including Mission Valley, Linda Vista, Serra Mesa and Tierrasanta.-- Lastly, District 9 is being vacated by current Council President Georgette Gomez as she runs for California's 53rd Congressional District. Democrat Sean Elo-Rivera, a San Diego Community College District Board of Trustees member, will take over the seat following Tuesday's election. Elo- Rivera's only competitor, community outreach director and fellow Democrat Kelvin Barrios, suspended his campaign in early September after admitting misuse of funds while serving as the treasurer for the San Diego County Young Democrats.District 9 covers east-central San Diego, including Kensington, College Area, City Heights and Southeastern San Diego.The new council will face a raft of major issues. An ongoing fight against climate change, high levels of homelessness and lack of affordable housing, a utility franchise agreement, monumental transit developments, the ramifications of bad property deals and tangling with what role police should play in society are all on the docket in coming years.However, far and away the most important issue for the region is and likely will remain the effects of the COVID-19 pandemic, which has killed hundreds, badly sickened thousands, cost tens of thousands of jobs, decimated the tourism and hospitality industry and created financial insecurity for thousands of residents.Tackling the issues will fall to the council victors, along with a new mayor, new city attorney and incumbent council members Jennifer Campbell, Monica Montgomery Steppe, Chris Cate and Vivian Moreno. 3424

SAN DIEGO (CNS) - California State Treasurer John Chiang will visit San Diego Tuesday as part of a five-city tour to announce the launch of CalSavers, the state's new retirement savings program.CalSavers will serve as a state-run retirement plan for private-sector workers at companies with five employees or more. State officials boast that accounts provided by the program are portable and paid for by payroll contributions. Gov. Jerry Brown authorized the program's implementation in 2016 and enrollment will open next July.Program guidelines require qualifying employers to enroll their employees in the program within the next five years, but employees themselves can opt out. State officials estimate CalSavers will help roughly 7.5 million California residents save for retirement."CalSavers' goal is to escape a vicious, societal circle, where each successive generation of Americans is on track to retire poorer than the last," Chiang wrote in a March opinion piece in the Orange County Register. "If we continue this trend by doing nothing, the strain on taxpayer funded health and human services likely would undermine the long-term financial stability of our state."The Howard Jarvis Taxpayers Association filed suit against the state in May over the program, arguing it violates federal law to establish a state- run retirement savings program. The case remains pending, but Chiang expressed confidence earlier this month to the Fresno Bee that it lacks teeth.Chiang will be joined by State Assemblywoman Lorena Gonzalez Fletcher, D-San Diego, and AARP California Executive Council Joe Garbanzos at the launch event, which begins at 2:15 p.m. at the State Office Building at 1350 Front St. Chiang also plans to visit Los Angeles, Fresno, Sacramento and San Francisco. 1788

SAN DIEGO (CNS) - A train struck and killed a pedestrian in Old Town Thursday, authorities reported.The rail fatality in the 4000 block of Taylor Street occurred about 11:30 a.m., according to sheriff's officials.Details on the circumstances of the death, including the victim's age and gender, were not immediately available.Due to the fatality, Coaster passenger-train service was delayed until further notice, North County Transit District advised. The agency sent buses to its Sorrento Valley Station to help affected commuters reach their destinations.Additionally, San Diego police closed Taylor Street from Congress Street to Pacific Highway to provide full access for investigators and emergency personnel.San Diego Crisis Hotline: 888-724-7240 760

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