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SAN DIEGO (CNS) - A man who wounded an off-duty sheriff's deputy and a bystander by opening fire in the Gaslamp District two years ago was convicted of assault with a firearm Thursday in his third trial in the case. Ray Pitoau, 39, was convicted of two counts of assault with a firearm for the Aug. 7, 2017 shooting that injured Deputy Jason Philpot, who was walking through downtown with his two brothers following a Metallica concert at Petco Park. Also injured was bystander Vladimir Shvets, a passerby in San Diego for a convention. Pitoau was also convicted of a lesser charge of assault on Philpot's younger sibling, Joshua, who Pitoau initially got into an argument with on Island Avenue near Sixth Avenue just after 1 a.m. RELATED: Gaslamp deputy shooting suspect escapes Spring Valley SWAT standoffSentencing is scheduled for Dec. 11. Pitoau was convicted in a prior trial of three felony firearm possession counts and was sentenced to 27-years-to-life for those convictions. However, both of his previous trials in the case resulted in hung juries regarding the assault charges. Jason Philpot testified that he tried to wrap his arms around Pitoau and get the gun away, but the defendant was able to pull the trigger, wounding the deputy in the chest and right arm. A second round also passed through his right arm. One of the rounds ricocheted off the sidewalk and struck Shvets. RELATED: Man convicted in Gaslamp shooting involving off-duty deputy sentencedProsecutors said Philpot and his group walked past Pitoau when the defendant and Joshua Philpot traded insults. Pitoau testified that he grabbed a gun in self-defense because a group of men, including Philpot, were advancing on him. He testified that he and Jason Philpot both grabbed onto the gun, leading it to fire as they grappled over the weapon. Pitoau was arrested about a month later in Mexico.RELATED: San Diego deputy testifies against man charged with shooting him in Gaslamp District 1972

SAN DIEGO (CNS) - A man accused of fatally stabbing a 65-year-old clerk inside an adult bookstore in the Midway District pleaded not guilty Friday to felony murder charges that could lead to the death penalty if he's convicted.Shaun Ward, 39, was non-responsive and kept his head down during his arraignment. He was ordered held without bail in the death of 65-year-old Diane Spagnuolo.Ward refused to answer questions from Judge Maureen Hallahan about his true name or date of birth.The judge read Ward his constitutional rights and his attorney entered the not guilty plea for him.Ward was charged with murder and special circumstance allegations that the murder was committed during a robbery and that the murder involved the infliction of torture.District Attorney Summer Stephan will decide later if Ward will face life in prison without the possibility of parole or capital punishment if he's found guilty.The victim was found dead inside the X Spot Adult Store on Midway Drive on Monday afternoon, according to San Diego police. Ward was arrested late that night at a residence in San Diego.A surveillance camera in the adult shop captured images of Ward prior to the slaying, reported about 12:45 p.m., police said.Ward will be back in court Nov. 14 for a status conference. 1290

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 person at Morse High School was recently diagnosed with tuberculosis and may have exposed students and staff, the San Diego County Health and Human Services Agency announced Tuesday.HHSA is working with the San Diego Unified School District to notify those who were potentially exposed and provide TB testing. The dates of exposure are from Feb. 28 to March 13 of this year.Morse High School, in the Skyline area of San Diego, is currently participating in social distancing protocols due to COVID-19 and onsite TB screening will not be available.According to the HHSA, students who were identified as being potentially exposed to TB can get tested with their primary care provider. Students who do not have a medical provider should contact the county's TB Control Program at 619-692-8621 to arrange to arrange an appointment for a free test.School teachers and staff will be provided testing by the San Diego Unified School District.The disease is transmitted from person to person through indoor air during prolonged contact with an infectious person. Most people who are exposed to TB do not become infected."Testing is recommended for all those exposed to make sure they are not infected, since initial infection usually has no symptoms," said Dr. Wilma Wooten, the county's public health officer. "If a person is infected, early diagnosis and prompt treatment can prevent the infectious form of the disease."Symptoms of infectious TB include persistent cough, fever, night sweats and unexplained weight loss. People infected with the disease, or who are immunocompromised, may not show symptoms. It can be cured with antibiotics.Tuberculosis is not uncommon in the region but has been decreasing since the early 1990s and has stabilized in recent years.In 2013, a total of 206 cases were reported in the county, the lowest number since local TB cases peaked at 469 in 1993. There were 237 cases reported in 2017 and 226 in 2018. Last year, 265 residents were diagnosed with TB. To date, 67 cases have been reported in 2020.For more information on this potential exposure, the county HHSA recommends calling the county TB Control Program or Morse High School at 619- 725-5519. 2209

SAN DIEGO (CNS) - A wrongful death lawsuit was filed Monday on behalf of the family of a 24-year-old woman who died last fall at the Las Colinas Detention Facility in Santee.Elisa Serna died Nov. 11, 2019, a few days after she was booked into the county jail.Earlier this year, the sheriff's department said Serna died from complications of drug abuse, with a contributing factor of early intrauterine pregnancy.The lawsuit filed in San Diego federal court alleges jail staff were aware of Serna's substance abuse and subsequent withdrawal symptoms, but did not provide her with treatment. Though Serna was fainting, had low blood pressure, was vomiting regularly and displaying odd and incoherent behavior, jail staff "ignored the obvious signs of medical distress" and "failed to provide proper medication as Elisa's condition was worsening," the complaint alleges.Sheriff's officials could not immediately be reached for comment on the suit, which names San Diego County and Sheriff Bill Gore as defendants.Plaintiffs in the suit include Serna's parents, Michael and Paloma Serna; her husband, Brandon Honeycutt, and a minor child referred to as S.H.The sheriff's department has come under fire recently over a spate of deaths among county jail inmates, which were referenced within the complaint.The lawsuit cited news reports indicating the county had the highest jail mortality rate among the state's largest counties, and said prior deaths from inmates suffering from withdrawal symptoms should have made jail staff aware of the potentially fatal consequences of those symptoms.The suit also alleges staff are inadequately trained and in-custody deaths at county jails are not being properly investigated."Even though inmates are dying or suffering catastrophic injuries at an alarming rate at San Diego County jails, the medical and correctional staff whose actions or inactions cause the deaths are not investigated; not informed of their failures; not given further training or remedial instruction; and are not monitored or closely supervised after these adverse events," the lawsuit alleges. 2111

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