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SAN DIEGO (CNS) - A teenage boy who shot his father five times in the master bedroom of the family's Scripps Ranch condominium last year, then fired another shot through the door of another bedroom, where his mother and half- brother had barricaded themselves, will be remanded to a juvenile detention facility for as much as nine years, a judge ruled Friday.The 16-year-old defendant was tried as a juvenile and found guilty last month for the April 29, 2018, killing of 46-year-old Thanh "Sonny" Pham, as well as the attempted murder of his mother.According to prosecutors, juvenile court sentencing guidelines dictate that the boy can be held in custody until he is 25, though he could be paroled earlier than that.Superior Court Judge Louis R. Hanoian said the sentence for the convicted counts would have the boy facing a 67-year-to-life prison sentence had he been of age.RELATED: Man dead after shooting in Scripps Ranch; 15-year-old son arrestedDuring the boy's bench trial, Deputy District Attorney Mary Loeb said the teen ambushed his father, using Pham's own Glock pistol, then came "storming out of the bedroom with the gun" and began scoping the unit for his mother and half-brother, who had taken refuge inside his sibling's bedroom. Loeb said the gun was empty after the youth fired on his father, and he had to return to the bedroom to reload so he could "continue on this rampage."Defense attorney Mary Ellen Attridge argued that the killing was committed in self-defense, following years of routine physical abuse at Pham's hands. The juvenile testified that Pham often struck him as a form of discipline, including once just minutes before the shooting, knocking him briefly unconscious. He also said that Pham once shoved his mother out of a moving vehicle and his family members also testified that Pham was abusive with them and the boy.Following the shooting, the boy, then 15, fled from the condo on foot before police arrived, but was arrested about 1 a.m. the following day, roughly two miles from his home, after someone spotted him on Scripps Poway Parkway near Interstate 15. He had the handgun in his waistband and dozens of rounds of ammunition in his backpack when taken into custody, according to police.RELATED: Teen denies killing father in Scripps Ranch homeHanoian ruled that there were true findings -- the equivalent of guilty verdicts -- for murder and attempted murder, as he felt the evidence did not support claims that Pham was "a violent ogre" and "a sadistic abuser" as he felt Pham had been portrayed by the defense.During Friday's dispositional hearing -- the juvenile court equivalent of a sentencing hearing -- attorneys argued over what type of custody was more appropriate to provide the boy with proper treatment and rehabilitation.Loeb argued to have the boy placed in one of two state youth correctional facilities -- either in Stockton or Camarillo -- while Attridge sought to have the boy placed in a less-restrictive youth program in Otay Mesa, where his family could more easily visit him for the purposes of facilitating family therapy. Attridge also said she will file a notice of appeal on the boy's behalf.Hanoian ruled that the Department of Juvenile Justice's facilities provided a more thorough program to assist the boy in terms of his mental health, educational opportunities -- including college courses and career technical education -- , and rehabilitation."We need to get (the boy) up and running. We need to have him become a productive member of society and we need to give him the training, the education, and the skills and the therapy that's necessary," Hanoian said.The judge said that he did consider concerns over a lack of face-to- face family therapy with the boy housed outside of San Diego County, but said that technological means like video conferencing would allow him to undergo that therapy with family members.The boy did not make a statement during the hearing, but Attridge said he "is very remorseful about what happened here. It has changed his family's entire life and it has changed his life and he regrets having done anything to end his father's life."She also said that upon his release, she believed "he will be somebody who will never recidivate" and will leave custody "a better person, a more mature person and a nonviolent person."Pham's younger sister, Catherine Wright, said her brother was "confident, charming, funny, athletic and intelligent," a good brother to her, a good uncle to her daughter, and their parents' pride and joy.Wright said the depictions of her brother as an abuser pained her greatly and the fact that he'd been killed by his own son made it "easier to tell people that he died of a heart attack."Just as Pham had meant everything to their dad, Wright said the defendant meant everything to her brother."I cannot imagine a more horrible death for Sonny to suffer. I'm haunted by thoughts of Sonny laying on the floor in pain, gutted not just by his physical wounds, but in the realization that his firstborn son, his only son, turned on him and shot him," Wright said.She said she was not yet able to forgive the boy, but that her brother would have wanted to have his son "to have the opportunity to heal what is broken inside of him. He would want his family to be safe and loved." 5320

SAN DIEGO (CNS) - For yet another week, San Diego County avoided the fate of dropping into the dreaded purple tier of California's coronavirus monitoring system, with an adjusted case rate of 6.5 new daily COVID-19 cases per 100,000 population.While the county's unadjusted case rate is 7.4 per 100,000 -- enough to be in the most restrictive purple tier, which has a floor of 7 per 100,000 -- the high volume of tests the county is able to perform daily allows for an adjustment from the state. This adjustment has kept the county in the red tier for several weeks, saving it from having to shut down nearly all non-essential indoor businesses.The state data, which is updated every Tuesday, reflects the previous week's case data to determine where counties stand in the state's four-tiered reopening system.San Diego County did show modest improvement, dropping 0.4 from last week's unadjusted case rate of 7.8. The testing positivity rate continued an upward trend, rising 0.2% from last week to reach 3.5%, but remains low enough for this metric to remain in the orange tier. If a county reports statistics meeting metrics in a higher tier for two consecutive weeks, it will move into that more restrictive tier for a minimum of three weeks.The state's health equity metric, which looks at the testing positivity for areas with the lowest healthy conditions, dropped from 5.5% to 5.1% and entered the orange tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.County health officials reported 269 new COVID-19 infections and seven deaths Tuesday, bringing the case total to 55,210 and the death toll to 877.Five men and two women died between Oct. 22 and Oct. 25, with one death occurring July 19. Their ages ranged from early 60s to mid-80s. All had underlying medical conditions.Of the 10,456 tests reported Tuesday, 3% returned positive, bringing the 14-day rolling average percentage of positive cases to 2.7%. The 7-day daily average of tests is 11,173.Two new community outbreaks were confirmed Tuesday, one in a daycare and one in a business. In the past seven days, 24 community outbreaks were confirmed. A community outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.Of all cases, 3,875 -- or 7% -- have required hospitalization. And 898 -- or 1.6% -- of all cases and 23.2% of hospitalized cases had to be admitted to an intensive care unit.All students at San Diego State University, meanwhile, remained under a stay-at-home advisory announced Thursday. The advisory began at 6 p.m. Friday and will run through Nov. 2 at 6 a.m. University officials said the move was made to discourage students from participating in Halloween events where physical distancing cannot be done. Students are advised to stay home unless they have an essential need.As of Tuesday afternoon, the university has had a total of 1,257 COVID- 19 cases since the fall semester began, including 421 among students living on-campus, 807 among students living off-campus, 16 among faculty and staff and 13 among "visitors" -- defined as someone who has had exposure with an SDSU- affiliated individual.UC San Diego announced Monday night that, as a result of viral shedding, it had detected COVID-19 in wastewater in the Revelle College area between 11:30 a.m. Saturday and 9:45 a.m. Monday.The virus is shed from the gastrointestinal tract and is present in feces early in the infection. UCSD has the ability to identify the virus in wastewater, even before someone tests positive.The college advised anyone who used the restroom near the Revelle College area between those dates and times to get tested for COVID-19 out of an abundance of caution.Less than a week after fully reopening its schools, the Vista Unified School District reported four additional COVID-19 cases Monday, including two Mission Vista High School students, one Roosevelt Middle School student and one Alamosa Park Elementary School student.On Tuesday, the district confirmed two additional cases -- one at Mission Meadows Elementary School and one at Alamosa Park Elementary School.According to the district's COVID-19 safety dashboard, it has recorded 10 cases since Sept. 8, with six of those coming after Oct. 20.The VUSD Board voted Tuesday to shut down at least one campus for two weeks starting Thursday as a result of the rising cases. At least 400 students and nearly two dozen staff members have been ordered to quarantine.Mission Vista High School will move to distance learning for at least two weeks starting Thursday, while Alta Vista High School and Roosevelt Middle School also face potential closures. 4713

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

reases is wrong, as these sectors continue to do the right things, while trying to weather the ongoing pandemic and the back and forth of reopenings," Wooten's request states.Deputy Attorney General Jonathan Eisenberg, representing the state, said Wooten's conclusions were based on case numbers that have since increased and cited statements she made during a Nov. 17 San Diego County Board of Supervisors meeting, which drew a different conclusion.During the meeting, Wooten said "the numbers have expanded" since she made her request to the state."We couldn't in good conscience create that same argument since that adjudication submission was sent to the state," Wooten said while answering questions from the Board of Supervisors.Eisenberg called the recent spike in cases "an unprecedented surge" with record numbers being reached at the state, local and national level.Saying the lawsuit was based on outdated figures, Eisenberg cited a study submitted to the court which he said indicated full-service restaurants and gyms are "the top spreader locations" of virus infections.Katz argued that study was done early in the pandemic and without taking the sanitation measures businesses have implemented into account.Katz said restaurants and gyms are being punished despite adhering to the state's guidelines and said the state's reopening plan has applied its restrictions to restaurants and gyms in an arbitrary manner, which he claimed wasn't backed by science.The businesses allege in their complaint that they may be forced to close permanently if indoor operations don't resume, and that outdoor and takeout service will not make up for the economic losses incurred thus far.While Eisenberg acknowledged that businesses are suffering from "great economic hardship," he said "the balance of harms here is overwhelmingly in favor of keeping these restrictions in place."Cowboy Star Restaurant and Butcher Shop sent ABC 10News the following statement after the judge's ruling. 4120

SAN DIEGO (CNS) - A student pilot and a flight instructor were uninjured after a Cessna plane ran off the Montgomery-Gibbs Executive Airport runway Sunday and crashed through a fence, authorities said.The incident happened at about 1:15 p.m. at the airport on 3750 John J. Montgomery Drive, according to the San Diego Fire and Rescue Department.Montgomery Field and Kearny Villa Road were shut down. There were no reports of fire.After the incident, Montgomery Field diverted air traffic to Brown Field in Otay Ranch and Gillespie Field in El Cajon. 557