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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) - Authorities Tuesday publicly identified a 71-year-old man who was killed in a collision at a Rancho Bernardo intersection.John Atcheson of San Diego was turning from Meandro Drive onto Rancho Bernardo Road when an eastbound 2001 Toyota Tacoma pickup truck crashed into his 2018 Chevrolet Volt shortly before 6:30 p.m. Monday, according the county Medical Examiner's Office.Medics took Atcheson to Palomar Medical Center in Escondido, where he was pronounced dead.The other motorist, a 23-year-old woman, was hospitalized for treatment of broken bones, police said. 590

SAN DIEGO (CNS) - A San Diego federal judge refused Tuesday to release 34 "medically vulnerable" detainees from the Otay Mesa Detention Center, which has the largest COVID-19 outbreak among the nation's U.S. Immigrations and Customs Enforcement facilities.U.S. District Judge Dana Sabraw previously ruled that a group of medically vulnerable detainees be released, in respose to a lawsuit filed by the American Civil Liberties Union alleging that overcrowded conditions at Otay Mesa put detainees at serious risk of contracting the virus.More than 200 people have tested positive at the facility since the outbreak began, including 57-year-old Carlos Escobar-Mejia, who became the first ICE detainee to die from COVID-19 earlier this month.While most of those detainees have been released since Sabraw's ruling, ICE was allowed to review their criminal histories, and decided that 34 among them should remain in custody "based on defendants' determination that they pose a danger to the community," the judge wrote.Sabraw ruled that while Otay Mesa still has the largest virus outbreak in the nation, the reduction in the facility's population and other factors have likely reduced the risk for those still detained.Sabraw's ruling denying a request for a preliminary injunction indicates the facility is currently at 38% capacity, and that the 34 detainees at issue are spread out throughout the facility.The judge wrote that 30 of those detainees are in housing units with no positive cases, "a stark contrast to the situation that existed before the TRO issued, where medically vulnerable detainees were being housed throughout the facility with other detainees who had tested positive."Sabraw wrote that the remaining four detainees are in a unit that is at 12% capacity. Three of the four detainees tested positive for COVID-19 before his TRO order was issued, but have since recovered. The fourth detainee "may be at increased risk, but other factors mitigate that risk," Sabraw wrote.The judge said Otay Mesa has taken measures to mitigate the risk of further spread, including suspending new detainee admissions, screening people who enter the facility, increasing sanitation, providing masks to detainees and requiring employees to use personal protective equipment.Additionally, Sabraw wrote that unlike the detainees previously released, the government had additional interest in "protecting the community," when considering the 34 remaining detainees.Earlier this month, Sabraw also denied a request from the ACLU to release medically vulnerable U.S. Marshals Service inmates from the facility, citing a law that limits the ability for inmates in criminal custody to file lawsuits in federal court, placing certain restrictions on inmate release requests when it concerns the conditions of their detention. 2826
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) - According to a report released Thursday by the San Diego Association of Governments, drug use reached a 20-year high among men and women arrested and booked into San Diego County detention facilities in 2019.Nearly four in five male arrestees (79%) and 82% of female arrestees tested positive for at least one of the following drugs: marijuana, methamphetamines, opiates, cocaine, and PCP, according to the report by SANDAG's Criminal Justice Research Division.The lowest rates in the past 20 years for arrestees testing positive were in 2009 for men (56%) and 2008 for women (58%).Meth showed up the most in the survey results in 2019, with 66% of women and 55% of men testing positive for the drug. Those rates were also 20-year highs and were up 4% among women compared to 2018. The rate among men remained unchanged from 2018 to 2019.On average, meth-using arrestees in 2019 reported using the drug for about 15 years, using before their 22nd birthday, and using more than 19 days ina row over the last 30 days.The surveys also found that 36% of arrestees tested positive for multiple drugs, 65% reported ever being homeless, and 83% reported being arrested at least one other time in the past. According to the report, when arrestees tested positive for multiple drugs, it was most often meth and marijuana. Of those who tested positive for multiple drugs, 59% were white, 79% had been homeless in the past, and 44% had been diagnosed with a mental illness."While the population of individuals booked into our facilities has changed over time, these statistics are sobering, and indicate the continued need to address underlying risks and the need to stop the revolving door of incarceration," said Cynthia Burke, SANDAG's director of research and program management.Slightly over a quarter of arrestees reported that they thought a drug they had used contained fentanyl, given the effects they experienced. Just above one in five arrestees reported that they had overdosed in the past and 56% of those reported being administered naloxone -- also known as Narcan --to reverse the effects of a drug overdose.Since 2000, SANDAG has conducted interviews in detention facilities throughout San Diego County and asked arrestees to participate in confidential and anonymous interviews.Other interesting findings among arrestees in 2019 included:Nearly one in five (18%) of arrestees reported being approached to bring drugs across the borderMarijuana was the drug most commonly tried by arrestees (90%) and was also tried at the earliest age (14.9) -- roughly five years earlier thatany other drug.Meth was tried by more than two-thirds of arrestees and 84% of those users reported using it within the last year.Meth was tried by more than two-thirds of arrestees and 84% of those users reported using it within the last year.One in three arrestees reported that they had committed a crime to support a drug habit. 2940
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