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SAN DIEGO (CNS) - A would-be carjacker who didn't know how to drive a stick shift was foiled when he tried to steal a car with a manual transmission in San Diego's Fox Canyon neighborhood, police said today.Two teenagers were sitting in the car around 10:45 p.m. Thursday in a hilly residential area near Auburn Drive and Wightman Street when a young man approached the window and demanded the victims' phones, San Diego police Officer Robert Heims said. The man then demanded the victims, an 18-year-old man and 17-year-old boy, get out of the car."They got out and the suspect got in and tried to drive away,'" Heims said. "He revved the engine several times but the car did not go. It appeared the suspect did not know how to drive a manual and got out and ran away." 783
SAN DIEGO (CNS) - A man accused of ambushing a janitorial worker at a Little Italy coffee shop and trying to sexually assault her pleaded not guilty Wednesday to a half-dozen felony charges, including kidnapping with the intent to commit a sex offense.Christopher Merron, 28, was ordered held on million bail. He faces life in prison if convicted, said Deputy District Attorney Nicole Roth.Merron allegedly attacked the woman as she was cleaning the coffee shop in the 1700 block of India Street about 4:30 a.m. last Sunday, pushing her into a back room, taking her car keys and threatening her with a knife.Following a struggle, the victim, whose name was withheld, was able to break free and run out of the building, said San Diego police Lt. Jason Weeden.RELATED: Man tries to sexually assault woman before stealing her carThe assailant then fled in the woman's tan 1998 GMC Jimmy SUV.Merron was arrested in Mission Valley the next day and the victim's stolen SUV was recovered, Weeden said."This was a brazen and serious sex crime," Roth said outside court. "This was a traumatic event."RELATED: Arrest made in Little Italy attempted sex assault, vehicle theftBesides kidnapping with the intent to commit a sex offense, Merron is charged with assault with the intent to commit a sex offense, attempted oral copulation, false imprisonment with force, robbery and auto theft.Merron will be back in court Oct. 26 for a readiness conference and Oct. 30 for a preliminary hearing.While living in Virginia, Merron pled guilty to accessory to robbery, resisting arrest and several drug charges. 1602
SAN DIEGO (CNS) - A teenage boy who shot his father five times in the master bedroom of the family's Scripps Ranch condominium last year, then fired another shot through the door of another bedroom, where his mother and half- brother had barricaded themselves, will be remanded to a juvenile detention facility for as much as nine years, a judge ruled Friday.The 16-year-old defendant was tried as a juvenile and found guilty last month for the April 29, 2018, killing of 46-year-old Thanh "Sonny" Pham, as well as the attempted murder of his mother.According to prosecutors, juvenile court sentencing guidelines dictate that the boy can be held in custody until he is 25, though he could be paroled earlier than that.Superior Court Judge Louis R. Hanoian said the sentence for the convicted counts would have the boy facing a 67-year-to-life prison sentence had he been of age.RELATED: Man dead after shooting in Scripps Ranch; 15-year-old son arrestedDuring the boy's bench trial, Deputy District Attorney Mary Loeb said the teen ambushed his father, using Pham's own Glock pistol, then came "storming out of the bedroom with the gun" and began scoping the unit for his mother and half-brother, who had taken refuge inside his sibling's bedroom. Loeb said the gun was empty after the youth fired on his father, and he had to return to the bedroom to reload so he could "continue on this rampage."Defense attorney Mary Ellen Attridge argued that the killing was committed in self-defense, following years of routine physical abuse at Pham's hands. The juvenile testified that Pham often struck him as a form of discipline, including once just minutes before the shooting, knocking him briefly unconscious. He also said that Pham once shoved his mother out of a moving vehicle and his family members also testified that Pham was abusive with them and the boy.Following the shooting, the boy, then 15, fled from the condo on foot before police arrived, but was arrested about 1 a.m. the following day, roughly two miles from his home, after someone spotted him on Scripps Poway Parkway near Interstate 15. He had the handgun in his waistband and dozens of rounds of ammunition in his backpack when taken into custody, according to police.RELATED: Teen denies killing father in Scripps Ranch homeHanoian ruled that there were true findings -- the equivalent of guilty verdicts -- for murder and attempted murder, as he felt the evidence did not support claims that Pham was "a violent ogre" and "a sadistic abuser" as he felt Pham had been portrayed by the defense.During Friday's dispositional hearing -- the juvenile court equivalent of a sentencing hearing -- attorneys argued over what type of custody was more appropriate to provide the boy with proper treatment and rehabilitation.Loeb argued to have the boy placed in one of two state youth correctional facilities -- either in Stockton or Camarillo -- while Attridge sought to have the boy placed in a less-restrictive youth program in Otay Mesa, where his family could more easily visit him for the purposes of facilitating family therapy. Attridge also said she will file a notice of appeal on the boy's behalf.Hanoian ruled that the Department of Juvenile Justice's facilities provided a more thorough program to assist the boy in terms of his mental health, educational opportunities -- including college courses and career technical education -- , and rehabilitation."We need to get (the boy) up and running. We need to have him become a productive member of society and we need to give him the training, the education, and the skills and the therapy that's necessary," Hanoian said.The judge said that he did consider concerns over a lack of face-to- face family therapy with the boy housed outside of San Diego County, but said that technological means like video conferencing would allow him to undergo that therapy with family members.The boy did not make a statement during the hearing, but Attridge said he "is very remorseful about what happened here. It has changed his family's entire life and it has changed his life and he regrets having done anything to end his father's life."She also said that upon his release, she believed "he will be somebody who will never recidivate" and will leave custody "a better person, a more mature person and a nonviolent person."Pham's younger sister, Catherine Wright, said her brother was "confident, charming, funny, athletic and intelligent," a good brother to her, a good uncle to her daughter, and their parents' pride and joy.Wright said the depictions of her brother as an abuser pained her greatly and the fact that he'd been killed by his own son made it "easier to tell people that he died of a heart attack."Just as Pham had meant everything to their dad, Wright said the defendant meant everything to her brother."I cannot imagine a more horrible death for Sonny to suffer. I'm haunted by thoughts of Sonny laying on the floor in pain, gutted not just by his physical wounds, but in the realization that his firstborn son, his only son, turned on him and shot him," Wright said.She said she was not yet able to forgive the boy, but that her brother would have wanted to have his son "to have the opportunity to heal what is broken inside of him. He would want his family to be safe and loved." 5320
SAN DIEGO (CNS) - Ex-NFL tight end Kellen Winslow II, convicted of rape and other felonies stemming from sexual offenses against five women, will not be sentenced to prison for at least a few months, but attorneys disagreed in court Thursday as to when the case should move forward given logistical issues concerning the COVID-19 pandemic.Winslow, 37, was convicted in June 2019 of forcible rape, misdemeanor indecent exposure and lewd conduct counts involving three women.The same jury deadlocked on other charges related to two other women, setting the stage for a second trial slated to begin last November, but Winslow pleaded guilty to rape and sexual battery counts connected to those victims on the day trial was set to begin.The son of former San Diego Chargers legend Kellen Winslow initially faced life in prison on the original charges, but currently faces between 12 and 18 years in state prison when he is ultimately sentenced.His case, like many others, has faced delays due to the pandemic, and his Thursday hearing was held over video-conference, which has become typical since the pandemic began.Defense attorney Gretchen Von Helms argued Thursday that Winslow was entitled to be physically present when sentencing arguments are made. She said that those hearings should not be set until early next year, when conditions may be more favorable for Winslow to appear in court.Deputy District Attorney Dan Owens argued for a possible November sentencing date, saying it was "speculative" to claim live hearings might not be available until next year. Owens said attorneys could reconvene later this fall and determine then whether an in-person hearing could be held.San Diego County Superior Court Judge Blaine Bowman, who oversaw the trial, set a status conference for Oct. 15.In his trial, a Vista jury convicted Winslow of raping a 58-year-old homeless woman -- Jane Doe 2 -- in May 2018, exposing himself later that month to Jane Doe 3, who was gardening in her front yard in Cardiff, and touching himself in front of a 77- year-old woman -- Jane Doe 5 -- at a Carlsbad gym in February of last year. The Carlsbad incident occurred after Winslow was arrested, charged and released on bail.That jury could not reach a consensus on whether Winslow raped a hitchhiker in 2018 -- Jane Doe 1 -- or a 17-year-old girl -- Jane Doe 4 -- at a Scripps Ranch house party in 2003, leading to the second trial and Winslow's guilty pleas.Owens said at trial that none of the five women knew each other, yet their accounts yielded common details and similar physical descriptions of the suspect.Winslow's attorneys told jurors in his first trial that the charged incidents were either consensual sex or never occurred at all.Winslow II grew up in San Diego and attended Patrick Henry and Scripps Ranch high schools before heading to the University of Miami. He played for four NFL teams between 2004 and 2013. 2919
SAN DIEGO (CNS) - A lawsuit has been filed against the San Diego Police Department on behalf of more than 100 local sex offender registrants who are challenging requirements that they must register in person during the coronavirus pandemic, while state and local governments ask that residents stay home to prevent the virus' spread.The lawsuit was filed by the Alliance for Constitutional Sex Offense Laws, which also filed similar lawsuits this week in Riverside and Sacramento counties.RELATED: Eight San Diego County residents arrested, accused of price-gouging during emergencyIt asks for a judge to issue an order halting the practice of having registered sex offenders appear in person at San Diego Police Department headquarters, and instead adopt video conferencing or telephonic updates, as implemented by the Los Angeles Police Department and other state agencies during the pandemic.Plaintiffs' attorneys say the registrants represented in the suit "have high-risk COVID-19 factors such as age and/or chronic diseases (diabetes, asthma and hypertension)."RELATED: Some San Diego jail inmates may be released early during pandemicPer the California Sex Offender Registration Act, offenders are required by law to provide periodic updates to local law enforcement regarding the registrant's personal information. Some registrants must update law enforcement every 30 days, while others must only provide annual updates.However, the lawsuit states that the act does not require registrants to appear in person to provide updates, except under very specific circumstances, and that in-person registration exposes them and the general public to the risk of spreading COVID-19.RELATED: San Diego sheriff seeks California's guidance on gun store operations amid outbreakThe plaintiffs allege that the police department has directed local registrants to appear in person, subjecting them to a "Catch-22," in that "they must either subject themselves to COVID-19 infection (in violation of a state order), or violate Section 290 by failing to appear in person, thereby inviting arrest and custody in jail or prison (where they risk of COVID-19 infection is much greater."An SDPD spokesman said the department could not comment as it is a pending lawsuit.The lawsuit cites Gov. Gavin Newsom's stay-at-home order, as well as local emergency declarations made by San Diego Mayor Kevin Faulconer and San Diego county officials, who also urged residents to stay home unless they need to go out for essential purposes. 2523