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SAN DIEGO (CNS) - A masked man wielding an aluminum baseball bat robbed a Park West-area bank Tuesday.The thief confronted a teller at the Union Bank branch office in the 300 block of Laurel Street and demanded cash about 12:15 p.m., according to the FBI.After the clerk handed over an undisclosed amount of money, the bandit left the bank and fled the area in a red car, San Diego police reported.The robber was described as a roughly 6-foot-tall, 20- to 30-year-old black man wearing black pants, a blue long-sleeved shirt, tennis shoes, gloves and a white "theater style" mask, according to the FBI. 610

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

SAN DIEGO (CNS) - For the second day in a row, San Diego County public health officials reported a case rate of fewer than 100 positive COVID-19 tests per 100,000 people, indicating things may be improving locally with regard to the pandemic.If the case rate -- which was 96.5 per 100,000 people on Thursday -- stays below 100 on Friday, the county will officially be off the state's monitoring list. After an additional 14 consecutive days below that number, some schools with students in grades 7-12 could potentially reopen for in- person teaching, depending on individual school district metrics. Theoretically, if current trends continue, students could be in school by Aug. 28.Additionally, 48 elementary schools have filed waivers with the county to return to school early.While signs look positive for the region, County Supervisor Nathan Fletcher warned county residents against getting complacent."We are seeing progress, but we are in the middle of a marathon, not a sprint to the finish line right in front of us," he said Thursday. "Our goal is not just to have the rate of cases fall below 100 per 100,000, but to keep it there."State mandates on which businesses are allowed to have indoor operations would not change, Fletcher said, until the county gets more information from Gov. Gavin Newsom's office. No other businesses can reopen after the 17 days unless the state provides further guidance.San Diego County public health officials reported 266 new COVID-19 cases and seven deaths Thursday, raising the county's totals to 33,659 cases and 615 deaths.Of the deaths reported thus far during the pandemic, 96% had some underlying medical condition. According to Dr. Wilma Wooten, the county's public health officer, the leading underlying causes which helped contribute to death were hypertension, diabetes, heart disease, dementia/Alzheimers and chronic kidney disease.Of the 8,020 tests reported Thursday, 3% returned positive, lowering the 14-day positive testing rate to 4.6%, well below the state's target of 8% or fewer. The 7-day rolling average of tests is 7,972 daily and the county has reported 698,881 tests since the pandemic began.Of the total positive cases in the county, 2,809 -- or 8.3% -- have required hospitalization since the pandemic began, and 699 -- or 2.1% -- were admitted to an intensive care unit.County health officials also reported two community outbreaks Thursday, bringing the number of outbreaks in the past week to 22.The latest outbreaks were reported in a food processing facility and a business, according to the county Health and Human Services Agency.The number of community outbreaks remains well above the county's goal of fewer than seven in a seven-day span. An outbreak is defined as three or more COVID-19 cases in a setting and in people of different households in the past 14 days.There are 59 active community outbreaks in the county tied to 1,389 cases and 11 deaths.Latinos are still disproportionately impacted by COVID-19, with that ethnic group representing 61.3% of all hospitalizations and 45.4% of all deaths due to the illness. Latinos make up about 35% of San Diego County's population.A new COVID-19 testing site began operating Wednesday at the San Ysidro Port of Entry PedEast crossing, and County Supervisor Greg Cox cited its immediate success and demand for it, saying its hours would expand Thursday.The free testing site will now operate from 6:30 a.m. to noon Monday through Friday and will focus on testing essential workers and American citizens who live in Tijuana, according to San Diego County health officials.No appointments are necessary at the walk-up site, which aims to offer about 200 tests daily. People getting tested will not be asked about their immigration status or who lives with them, health officials said."We know that communities in South Bay have been hit the hardest by COVID-19," said Wooten. "The location was selected because of the increase in cases in the region and the number of people, especially essential workers who cross daily."Fletcher said Tuesday that the county's partnerships with its 18 incorporated communities were allowing law enforcement to step up efforts to punish egregious violators of public health orders.A visit from county staff is the first action used, followed by a cease-and-desist order and then an order to close. If an entity refuses to close after that order, it will be cited and fined ,000 -- as University Heights gym Boulevard Fitness was on Tuesday, Fletcher said."The selfish defiance of the public health orders only hurts those acting in good faith," he said. "This is not out of a desire to be punitive." 4673

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) - A man who struck a popular local surfer in the head with a carbon fiber paddle in the water at Sunset Cliffs was sentenced Thursday to five years in state prison.Paul Taylor Konen, 34, was convicted last month of assault, with a great bodily injury allegation, for the June 26, 2018, assault on Kevin Eslinger, 56.Eslinger sustained a gash to the back of his head that fractured his skull and caused brain damage, rendering him unable to speak until days after the injury, Deputy District Attorney Matthew Greco said. An emergency room physician said the injury looked "like a hammer blow," the prosecutor said.RELATED: Sunset Cliffs paddle boarder breaks man's skull in waterEslinger, who testified during the trial in somewhat stilted speech, said he tried to explain his condition and the situation to hospital staff and police, but it was "as if someone had their hand over my mouth from the inside."Addressing the court at Konen's sentencing hearing, he said the attack continues to affect his daily life, how he communicates with his wife and swim students at El Cajon Valley High School, and has led to around 0,000 in medical bills. Eslinger said he wishes he could ease the pain and stress of his wife Janae, but "she's reminded of it every time I speak."According to the prosecution, after Konen nearly ran into Eslinger on the water -- forcing him to duck his head in order to avoid being struck by Konen's paddle board -- Eslinger objected to Konen's flouting of proper surfing etiquette.The victim said Konen remarked, "If I can catch a wave, it's mine," then ran into Eslinger's wife and regular surfing partner elsewhere among the waves, knocking her off her board.Eslinger testified that when he paddled out toward the defendant to ask him why he did that, he was struck in the head by an unknown object, which he later came to believe was an intentional blow from Konen's paddle.Konen was arrested the next day when police tracked him down to his father's van. Inside the van was the paddle used to assault Eslinger, still with a strand of hair stuck to a portion of the paddle that appeared damaged, according to Greco. The prosecutor said efforts to match that strand of hair to Eslinger through DNA testing were unsuccessful, because there was no root attached to the stray hair.Defense attorney Brian McCarthy, who maintained during the trial that Konen was simply trying to get away from Eslinger and may have accidentally struck him with the paddle, sought probation for his client.San Diego County Superior Court Judge Robert J. Trentacosta declined to grant probation, citing the extent of Eslinger's injuries and a lack of remorse on Konen's part along with a variety of changing stories from the defendant, including telling one detective that no encounter happened at all, while also telling a friend that Eslinger attacked him and he struck Eslinger in self-defense."I don't get a sense that the defendant either understands or appreciates his actions or the results of his actions," Trentacosta said.However, due to Konen's lack of criminal history, the judge did impose the low term of two years for the assault count, in addition to three years for the great bodily injury allegation.Outside court, Greco said, " It's a good day for the surfing community. It's a good day for the community of San Diego. It's a good day for the beaches to ensure that when people are out in the water, they're safe and they understand that the rules that are on land apply in the ocean and people will be held accountable for assaultive behavior."Eslinger made local headlines in 2005 when he traversed 120 miles paddling from Santa Barbara to Ocean Beach in just over a day. 3719

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