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SAN DIEGO (CNS) - An ex-con who opened fire in the Gaslamp District two years ago, wounding an off-duty sheriff's deputy and a bystander, was sentenced Wednesday to 71 years to life in state prison.Ray Pitoau, 39, was convicted last month 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 the deputy's younger sibling, Joshua.Prosecutors said Philpot and his group walked past Pitoau, who got into an argument with the deputy's sibling on Island Avenue near Sixth Avenue just after 1 a.m.RELATED: Man convicted of assault with gun in Gaslamp shooting that wounded deputyPitoau testified that he pulled out a gun in self-defense because a group of men, including Jason Philpot, were advancing on him. He testified that he and the deputy both grabbed onto the gun, leading it to fire as they grappled over the weapon.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. One of the rounds ricocheted off the sidewalk and struck Shvets.Pitoau was arrested about a month later in Mexico.RELATED: Man convicted in Gaslamp shooting involving off-duty deputy sentencedSan Diego County Superior Court Judge Melinda J. Lasater declined to dismiss a number of allegations that added years to Pitoau's sentence due to his numerous prior convictions for crimes dating back to 1991, including burglary, assault, and being a felon in possession of ammunition.Deputy District Attorney Michael Reilly said Pitoau had demonstrated a history of re-offending each time he was released from prison and that "he knew better" than to bring a gun to the Gaslamp Quarter that day.Defense attorney Jessica Marshall said evidence at trial showed the Philpots and other members of their group had been drinking and were being aggressive, with the attorney arguing Pitoau "is not the only reason this happened."RELATED: Gaslamp deputy shooting suspect escapes Spring Valley SWAT standoffJurors deadlocked on the assault counts in Pitoau's two previous trials, though one of those juries convicted Pitoau on three felony firearm possession counts. 2459

SAN DIEGO (CNS) - A vehicle struck and killed a pedestrian Friday on Interstate 5 at the southern end of Balboa Park.The traffic fatality occurred shortly before 9 a.m. on the northbound side of the freeway, near state Route 163 in downtown San Diego, according to the California Highway Patrol.It was unclear why the pedestrian, who died at the scene, was on the interstate, CHP public-affairs Officer Salvador Castro said.The fatality left three northbound lanes blocked in the area and tangled traffic for miles through late morning. 544

SAN DIEGO (CNS) - Eight more flu deaths were reported last week in the San Diego region, the county Health and Human Services Agency announced Wednesday.There were 264 lab-confirmed cases in total, a slight increase over the 257 cases reported the week of March 25. Emergency room visits by people with flu-like symptoms dropped from 3 percent to 2 percent over the same span, however.Overall, there have been 334 influenza-related deaths in San Diego County this season, compared to 82 during the same period last flu season.Victims have ranged in age from 1 to 101, and most had underlying medical conditions."Unfortunately, influenza-related deaths are still being reported, a sign that the flu continues to take a toll on the region," said Dr. Wilma Wooten, the county's public health officer . "While influenza activitypersists, people should continue taking precautions to avoid getting sick, especially getting vaccinated."The high number of deaths this season is related to unusually severe strains of the virus but also improved tracking by local medical communities, according to the county. Overall, there have been 20,404 lab-confirmed cases this season, compared to 5,292 cases this time last year.The Centers for Disease Control and Prevention reminds people that it isn't too late to get vaccinated against the flu. In addition, health experts recommend frequent hand-washing, use of hand sanitizers, avoiding contact with sick people and cleaning commonly touched surfaces.Those with high risk to develop serious flu symptoms include people with chronic medical conditions, pregnant women and people 65 or older. 1636

SAN DIEGO (CNS) - A pedestrian was fatally struck by a vehicle Wednesday morning in the Midway District, police said.Dispatchers received a call shortly before 5 a.m. from a driver who reported hitting a pedestrian on Sports Arena Boulevard near West Point Loma Boulevard, just south of Interstate 8, San Diego police Officer Scott Lockwood said.The victim, a man believed to be in his 30s, was taken to UCSD Medical Center, where he was pronounced dead, Lockwood said.The driver remained at the scene and cooperated with investigators, but no details about the driver or the vehicle were immediately available, the officer said.The circumstances leading up to the crash were under investigation. 704

SAN DIEGO (CNS) - Former Navy SEAL Edward Gallagher, who was acquitted of murder and attempted murder charges last year stemming from allegations that he fatally stabbed a wounded teenage ISIS fighter and shot Iraqi civilians, is suing the Secretary of the Navy and a New York Times reporter, alleging the reporter defamed Gallagher with the help of Navy officials illegally leaking him documents.The suit accuses the Navy of leaking "about 500 pages of confidential documents from the Navy's criminal investigation" on Gallagher to reporter David Philipps, who extensively covered the allegations against Gallagher prior to and after his trial at Navy Base San Diego last year.The suit also names as a defendant Navy Secretary Kenneth J. Braithwaite, who was sworn in to his post Friday, the same day Gallagher's lawsuit was filed in San Diego federal court.Representatives of the Navy and New York Times could not immediately be reached for comment.Gallagher was acquitted in July of several serious charges related to the alleged slaying of a teenage boy, as well as allegations of firing indiscriminately on civilians from a sniper's nest, which could have had him facing life in prison. However, he was only convicted of posing with the teen's body in a photograph, resulting in a demotion in rank. President Donald Trump, who publicly supported Gallagher throughout the allegations, restored Gallagher's rank in November.According to the lawsuit, "corrupt Navy officials" conspired to defame Gallagher by leaking information to Philipps, who published several articles that Gallagher's attorneys allege presented false information to discredit the former SEAL.The complaint further alleges that Philipps wholly fabricated some allegations against Gallagher, including that Gallagher routinely fired on civilian neighborhoods and tried to run over a Navy Police officer in 2014.The suit alleges information leaked to Philipps included "witness interview summaries and seized text messages" from the criminal investigation and "a complete list of other SEALs that Chief Gallagher had deployed with on prior occasions" so that Philipps could contact them for his stories.Navy officials hoped "negative publicity would help to pressure Chief Gallagher into taking a plea, as well as to influence any potential jury pool," the complaint alleges."Navy officials presented David Philipps with a golden egg," the lawsuit alleges. "They would illegally provide him with certain protected documents, in clear violation of the Privacy Act and court orders, so that Philipps could write a damning portrayal of Chief Gallagher, with reckless disregard for the truth."The suit, which seeks unspecified damages, alleges Gallagher has suffered "significant mental and emotional anguish" through the Navy's "violations of the Privacy Act and unlawful disclosure of Chief Gallagher's private information to David Philipps."The lawsuit is not the first time Gallagher's attorneys have accused Navy officials of misconduct.Gallagher's defense team previously alleged Navy prosecutors used tracking software to spy on the email accounts of the defense and a Navy Times reporter covering the trial.The trial judge, Capt. Aaron Rugh, removed prosecutor Cmdr. Chris Czaplak from the case just before the trial was set to begin, ruling the prosecution sent emails to the defense and the Navy Times reporter that were embedded with code that would track the recipients' email activity.The findings led Rugh to order that Gallagher be released from custody due to violations of his Fourth and Sixth Amendment rights and that his maximum possible sentence of life without parole be reduced to life with the possibility of parole. 3715