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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) - 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

SAN DIEGO (CNS) - Nearly half of San Diego County's 1.95 million voters have cast their ballots in the Nov. 3 election, the Registrar of Voters reported Thursday.More than 937,000 ballots had been received as of Thursday, according to the registrar's office.Mail-in ballots were sent to all registered voters in the county on Oct. 5, even those who had not requested one.Ballots received by the registrar's office this week should be processed in time for the first release of election night results to be posted shortly after 8 p.m. Tuesday.Voters can return their marked ballot in the pre-paid postage envelope to any U.S. Postal Service office or collection box. The Registrar of Voters office in Kearny Mesa is open for early voting from 8 a.m. to 5 p.m. on weekdays for those preferring to vote in person.Voters additionally have the option to drop off their ballot at one of 126 drop-off locations around the county -- including dozens of libraries, YMCAs, county offices and The Old Globe Theater in Balboa Park.Voters also can also cast their ballots at their assigned polling place, 8 a.m. to 5 p.m., from Saturday through next Monday. All polling places will again be open on Election Day, when the voting hours change to 7 a.m. to 8 p.m.An in-person voting location tool can be found on the county's voting website, SDvote.com.Due to the COVID-19 pandemic, the registrar's office encourages older adults and people with underlying medical conditions to avoid long lines and crowded polling places by voting early.Registrar Michael Vu said his office is working with county public health services to ensure the health and safety of election workers and voters. Personal protective equipment and sanitation supplies will be provided to staffers so they can conduct the election process safely.Voters casting ballots in person are instructed to bring a face mask and plan to maintain social distance."We encourage voters to act early and make voting decisions from the comfort and safety of their home," Vu said. "Mark your ballot, sign, seal and return your mail ballot to a trusted source. The sooner we receive your ballot, the sooner we can start processing it so it will be counted right when the polls close at 8 p.m. on Nov. 3."Locations of vote centers were chosen and configured to allow for queuing and voting while maintaining six feet of social distance. Masks will be required inside, but residents unable or unwilling to wear them will be allowed to vote curbside.Officials noted that the need to social distance may create longer lines than usual at in-person locations. 2601

SAN DIEGO (CNS) - Drug use among teens booked into San Diego Juvenile Hall reached its highest rate since 2000, with 62% of those interviewed testing positive for an illicit substance last year, up 4% from the previous year, according to a report released Monday.According to the San Diego Association of Governments, 57% of 109 juveniles interviewed in 2019 tested positive for marijuana, also the highest rate since 2000 and an increase of 2% compared to 2018.Ninety-two percent of interviewees reported trying marijuana, compared to 86% for alcohol and 70% for tobacco, according to the SANDAG report. Overall, 93% of juveniles reported trying some kind of illicit substance.Nearly 60% of respondents also said marijuana was the first substance they had tried, compared to 27% for alcohol and 12% for tobacco.Overall, those who had used marijuana, alcohol and tobacco reported getting started at or before age 13 1/2, on average.Just over three-quarters of the youth interviewees reported having tried vaping, and 49% reported vaping at school. The most commonly used substances were flavored nicotine, 90%, marijuana/THC, 73%, and non-flavored nicotine, 26%.When asked to rank how harmful they thought specific drugs were on a four-point scale, 17% of respondents said marijuana was "very bad" or "extremely bad"; 58% thought tobacco was "very bad" or "extremely bad" and 37% said alcohol belonged in those categories.Nearly 60% reported that they did not view vaping as harmful and 39% thought vaping was less harmful than smoking cigarettes.Among other findings:-- 91% of those interviewed said it was easy, or very easy, to obtain marijuana; 79% of those interviewed said the same about alcohol and 93% said the same of tobacco-- 42% reported abusing prescription or over-the-counter drugs, with 81% of those reporting that they had used tranquilizers, such as Xanax, and 50% saying they had tried codeine-- 50% reported prescription drugs were "very easy" or "easy" to obtain, down from 70% in 2017-- 11% of interviewees tested positive for methamphetamine, up from 10% in 2018 2093

SAN DIEGO (CNS) - Jurors reached a verdict Tuesday in the trial of a Navy SEAL accused of fatally stabbing a wounded teenage ISIS fighter in the neck, shooting at numerous Iraqi civilians and threatening fellow SEALs to keep them from reporting him.Jurors found Special Operations Chief Edward Gallagher not guilty on six out of seven charges, including not guilty verdicts for premeditated murder, two charges of attempted premeditated murder, obstruction of justice, retaliation, and willful discharge of a weapon. Jurors did find him guilty of wrongfully posing for a photo with the teen's body. That guilty charge carries a possible sentence up to four months. 673