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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) - Four local restaurants and gyms are suing the state and county over its coronavirus restrictions as a shutdown of indoor operations looms for many county businesses.The lawsuit was filed Thursday in San Diego Superior Court on behalf of Cowboy Star Restaurant and Butcher Shop, Home & Away Encinitas, Fit Athletic Club and Bear Republic.The suit comes as San Diego County is slated to shut down indoor operations for nonessential businesses at midnight due to its recent entry into the most restrictive, purple tier of the state's coronavirus reopening plan.The businesses allege that San Diego's increased case numbers are not a result of exposures at restaurants, gyms and other types of businesses that will be impacted by the impending closures. The lawsuit cites recent figures indicating restaurants/bars, retail businesses, places of worship, schools and gyms make up a small percentage of confirmed community outbreaks.San Diego County Public Health Officer Dr. Wilma Wooten recently submitted an adjudication request to the state seeking to have San Diego County remain in the red tier. The request was rejected by the state last week."Penalizing the impacted sectors for case increases is wrong, as these sectors continue to do the right things, while trying to weather the ongoing pandemic and the back forth of reopenings," Wooten's request states.The businesses allege in their complaint that they may be forced to shut down permanently if the shutdown is not averted. Each business said it has had to undergo significant closures due to the pandemic, despite abiding by public health orders and implementing safety measures to remain in compliance with the orders. 1708

SAN DIEGO (CNS) - A San Diego man who mailed more than four pounds of pure methamphetamine to Guam inside stuffed animals and had more than 500 counterfeit credit cards in his possession was sentenced to 15 years in federal prison, the U.S. Attorney's Office announced Thursday.Daniel Wayne Gorman, 33, pleaded guilty to sending four packages from a Jamul post office in 2016, each containing a stuffed animal filled with methamphetamine, according to the U.S. Attorney's Office.The packages were mailed under the alias "Daniel German" and were intercepted in Barrigada, Guam, prosecutors said.He was sentenced Monday to 10 years for his plea to distribution of methamphetamine and five years for possession of counterfeit access devices stemming from fake credit cards and driver's licenses discovered at his home during a 2018 police search.Investigators found more than 500 counterfeit cards, along with "multiple fake Florida driver's licenses bearing the defendant's photograph but the personal identifying information of others," according to the U.S. Attorney's Office.Many of the credit cards also bore the names of real individuals who were not Gorman, prosecutors said. 1187
SAN DIEGO (CNS) - A man who ambushed a janitorial worker at a Little Italy coffee shop at knifepoint, tried to sexually assault her and stole her SUV, was sentenced today to 14 years in state prison.Christopher Merron, 28, was also ordered to register as a sex offender for life.The attack occurred around 4:30 a.m. last Oct. 14 as the victim was cleaning the coffee shop in the 1700 block of India Street. Merron pushed the woman into a back room, took her car keys and threatened her with a knife, according to police and prosecutors.Following a struggle, she was able to break free and run out of the building, said San Diego police Lt. Jason Weeden.The assailant fled in the woman's 1998 GMC Jimmy. Merron was arrested in Mission Valley the next day and the victim's SUV was recovered, Weeden said.Merron pleaded guilty in January to assault with intent to commit a sex offense, robbery and sexual battery charges and admitted a knife-use sentencing enhancement allegation. Other charges, including kidnapping with the intent to commit a sex offense, attempted oral copulation, false imprisonment with force and auto theft, were dismissed at sentencing. 1165
SAN DIEGO (CNS) - A parolee suspected of sexually trafficking a 15- year-old runaway was arrested Wednesday in Sorrento Valley.Joseph Price, 23, was taken into custody in the 9800 block of Pacific Heights Boulevard in San Diego about 9:45 a.m., according to sheriff's officials.Earlier in the morning, detectives contacted the alleged victim and returned her to her home, Sgt. Chase Chiappino said.Price was booked into county jail solely on suspicion of violating conditions of his parole, but sex-trafficking charges are expected to be filed against him, the sergeant said.Details about Price's purported victimization of the girl -- allegations that arose from an investigation by juvenile-services officers and the San Diego Human Trafficking Task Force -- were not immediately available. 800
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