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SAN DIEGO (CNS) - A San Diego judge granted a preliminary injunction Friday sought by Hall of Fame horse trainer Jerry Hollendorfer against the Del Mar Thoroughbred Club, which banned Hollendorfer from participation in the wake of a spate of horse deaths.Hollendorfer, 73, was banned last month from Del Mar and sought legal intervention to allow him to participate at this summer's racing season.He argued that Del Mar officials did not provide an adequate reason for precluding him from racing. The complaint alleges that he was notified on June 28 that he wouldn't be assigned stalls because of "PR risks and considerations."RELATED: 2 horses killed in collision during training at Del Mar RacetrackIn his written ruling, Judge Ronald F. Frazier ruled that Del Mar "arbitrarily" denied Hollendofer's stall application without providing him a hearing on the matter.In court, Frazier noted that there was no definitive link tying Hollendorfer to the horses' deaths.Thirty horses died at Santa Anita during its most recent meet that started in late December and ended in late June. Four of the those horses were under Hollendorfer's care.Hollendorfer also has been banned by the Stronach Group, which owns the Santa Anita racetrack, as well as the New York Racing Association.RELATED: Del Mar Thoroughbred Club upgrades horse safety for 2019 racing seasonJ. Christopher Jaczko, representing the Del Mar Thoroughbred Club, argued that whether or not Hollendorfer could be connected to the horses' deaths, Del Mar's decision to exclude Hollendorfer was a valid business decision based on the negative publicity Hollendorfer could bring."Mr. Hollendorfer's record over the past six months in California is problematic," Jaczko said.He alleged that banning Hollendorfer was also in the interests of horse safety and not just to avoid bad publicity. However, had avoiding negative publicity been the sole reason for the ban, Jaczko contended that would be a rational business justification on Del Mar's part, particularly with the heightened scrutiny the horse racing industry is currently facing."We're not saying he did anything to kill those horses. We're saying that in the best interest of our business, we don't want the attention, we don't want the clamor that we're not doing everything we can to change business as usual," Jaczko said.Jaczko also said the ban does not cause "irreparable harm" to Hollendorfer, as he has the ability to participate in other races, including several ongoing and upcoming races in California.Talking to reporters outside the courtroom, Hollendorfer said he was "very grateful" that Frazier ruled in his favor."I've lost an awful lot of business because of this," said Hollendorfer, who was not sure when he would begin participating in the Del Mar racing season.Hollendorfer said he had confidence in his training methods, but would be open to recommendations to improve horse safety."I would guess my stable does more with horses every day than any other stable that I know of," Hollendorfer said. "We examine every horse every day from head to toe. We take them out of their stalls and jog them down the road and make sure that they're sound before we even consider taking them to the racetrack. I think that we're doing plenty to ensure the safety of our stable and if somebody else has another suggestion how to do more, than I'm certainly willing to listen to somebody's opinion on that."Hollendorfer's attorney, Drew Couto, said his record with equine fatalities was not as severe as Del Mar claimed, and laid blame to Stronach Group racetracks, identifying them as the common denominator in the deaths of horses under Hollendorfer's care."Where did (Hollendorfer) have equine fatalities? He had them at Stronach group racetracks," Couto said. "They were horribly managed in our opinion this last year and that's the cause of these issues."Couto did not make any definitive statements regarding any legal steps towards contesting Santa Anita's ban."One step at a time," Couto said. "We had to take care of this issue. They (Santa Anita) are certainly on our radar and probably next up."Another status conference in the Del Mar case is slated for Oct. 25 in Frazier's courtroom. 4226
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) - Authorities publicly identified a man Thursday who was fatally shot by deputies when he allegedly advanced on them with a knife in his hand at an Alpine apartment complex.Patrol personnel were investigating a report of a man yelling and threatening to kill someone in the 2600 block of Alpine Boulevard when they got into the deadly confrontation with 31-year-old Daniel Ayala about 3 p.m. Monday, according to sheriff's officials.Ayala died at the scene. No other injuries were reported.It remained unclear how many deputies fired on Ayala.RELATED:?Witness describes man's behavior in deputy-involved shootingThe names of the involved personnel have not yet been released."The facts surrounding the shooting are currently under investigation by the Sheriff's Homicide Unit," Lt. Michael Blevins said this morning.RELATED:?Man dies following deputy-involved shooting in Alpine 912
SAN DIEGO (CNS) - A man accused of carrying out a series of credit union heists in San Diego County, stealing more than ,000 over a three-month span, pleaded not guilty Friday to 10 felony counts, including robbery and attempted robbery.Karl Doron, 43, was arrested Tuesday after he entered the Navy Federal Credit Union, 6755 Mira Mesa Blvd., and allegedly demanded cash from the employees, according to FBI Special Agent Davene Butler.Police officers and FBI agents had been monitoring Doron based on information they had gathered in an investigation that began in late December, when the first robbery occurred, Butler said.Upon leaving the credit union, he was taken into custody without incident and found to be carrying a loaded handgun, the agent said.RELATED: FBI searching for 'Gloved Robber' in series of credit union heistsDeputy District Attorney Andy Aguilar said Doron, whose alleged spree started three days after Christmas, used gloves, glasses, coats and other clothing to mask his identity. He would pass notes to the tellers asking for cash, and was successful on all but two occasions, the prosecutor alleged.Investigators have recovered ,000 Doron allegedly took in his last heist, but ,500 remains outstanding, he said.The defendant faces 14 years and four months in prison if convicted of all counts.Doron's attorney, Deanna L. Lopas, emphasized that none of the holdups her client is alleged to have committed involved violence or threats, simply the passing of a note.She also noted that he has no prior criminal record and holds a doctorate in neuroscience. Doron's LinkedIn page indicates he received his degree from the University of California, Santa Barbara in 2011 and previously served as an Infantry Squad leader in the Marine Corps. His last entry on the LinkedIn page is for work as a postdoctoral scholar at UC San Diego, which ended in January 2015 and involved conducting ``realtime brain-machine interface experiments using electroencephalography.''Doron is being held at San Diego Central Jail in lieu of million bail and is due back in court March 27 for a readiness conference. 2137
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