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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

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) - A man whose altercation with four off-duty San Diego police officers in the parking lot of a Grantville bar drew attention from local activists alleging excessive force was sentenced Thursday to a three year probation term in connection with cocaine and firearm possession, which includes 90 days in jail and nine months to be served in a work furlough program.Jonathan Felix, 29, pleaded guilty last month to possession of a loaded firearm and cocaine, in connection with the Nov. 7, 2018, altercation outside McGregor's Grill and Ale House just before 2 a.m.The case generated substantial public interest regarding the use of police force rather than for the felony case, in which Felix was accused but never charged with pointing the gun at the officers, prompting them to tackle him to the ground and strike him several times until they were able to seize the pistol, according to prosecutors.RELATED: San Diego man says off-duty SDPD officers assaulted himThe blows rendered Felix unconscious, and left him with a fractured pelvis, fractured hand and cuts and bruising to his head, while one of the officers testified that he broke his hand punching the defendant.In addition to possessing cocaine, Felix was prohibited from possessing a firearm due to theft and drug-related convictions out of Arizona, according to Deputy District Attorney Michael Runyon.Following his 90 days in custody, Felix will continue working during the day at Greystone Prime Steakhouse & Seafood in the Gaslamp Quarter, where he was employed at the time of his arrest. San Diego Superior Court Judge Polly H. Shamoon imposed a suspended four-year prison sentence, meaning Felix could head to prison if he violates the terms of his probation.At a preliminary hearing in February, Officer Anthony Duncan testified that after he and other officers departed McGregor's, they noticed Felix leaving the premises and returning to the parking lot on several separate occasions, both in his Dodge Durango and on a bicycle. He said the officers were concerned that Felix was "casing" vehicles, possibly to break into or steal cars.Felix was exhibiting "odd behavior" and "something didn't feel right (about him)," Duncan said.Officer Jose Rodriguez, who was at the bar with the other men but left before the altercation with Felix, testified that he also felt Felix was looking into vehicles parked in the lot.Despite their concerns, none of the officers called for assistance from on-duty law enforcement until after they restrained Felix, according to Duncan.Duncan said that he approached Felix, at which point the defendant produced a semi-automatic handgun from his waistband and pointed it at him, prompting all four officers to draw firearms on Felix.Surveillance footage from the parking lot of the business captured the physical altercation between the men, but not the purported standoff, which was blocked from view by a parked car. The defendant, who was sitting on his bicycle at the time, backpedaled away from the men, who followed and tackled him to the ground, according to surveillance footage.Felix told investigators after being arrested that he believed the group of men, who he said never identified themselves as law enforcement officers that night, may have been casing his Durango or looking to start trouble.Defense attorney Alicia Freeze argued that her client drew his gun out of concern for his safety, but denied that he ever pointed the weapon at the group. Speaking with reporters outside court following the sentencing hearing, she said she felt the officers used "unlawful force" in subduing Felix.Runyon reiterated outside court that Felix pointed a gun at the officers, "ignored several commands" to drop his gun, and "did not give up the gun immediately" even after being taken to the ground.Along with Duncan, the altercation included fellow San Diego officers Nicholas Dabbaghian, Frank Bigler and Ross Bainbridge. 3956

SAN DIEGO (CNS) - Citing the potential risks of sexual and physical abuse to children, San Diego County District Attorney Summer Stephan today urged Gov. Gavin Newsom to consider allowing county school districts to make their own determinations regarding reopening in advance of a Tuesday decision that could send the county to the most restrictive tier of the state's coronavirus reopening roadmap.In a letter sent Monday to Newsom, Stephan said there has been ``a drastic increase in child predatory behavior on the internet'' with children out of school and teachers unable to ``be the eyes and ears of law enforcement'' to report suspected abuse among their students.Local reports to the Internet Crimes Against Children Task Force have tripled since schools were shuttered due to the pandemic, and that similar increases have been seen nationwide, Stephan said. Stephan also said domestic violence reports have increased since stay- at-home orders were issued, and that Rady Children's Hospital has seen an increase in ``consult cases,'' in which cases of suspected child abuse are reported by physicians.Stephan's letter was sent in advance of Newsom's Tuesday decision regarding San Diego County's COVID-19 category status, when the county could potentially slide into the ``Purple Tier,'' meaning many schools could not open for in-person learning.``When evaluating the health of our children and our community, we must consider the effects of COVID-19, but also acknowledge and weigh the other real and potentially more life-threatening threat from violence and exploitation of children,'' Stephan said.``This is the public safety lens that I sincerely hope you will consider.'' Stephan raised similar concerns near the beginning of the pandemic regarding potential increases in domestic and sexual abuse, with abuse victims being trapped indoors with their abusers as a result of self-quarantining at home.In addition to safety risks, Stephan argued distance learning is not viable for many county residents. She said a lack of reliable internet access -- particularly in rural areas of the county -- should be taken into consideration.Stephan also said schools serve as a dependable place for food insecure students to get their meals. 2254

SAN DIEGO (CNS) - As more people went back to work last month, the region's unemployment dropped to 13.9% in June, 1.3% lower than the previous month, according to figures released Friday by the state Employment Development Department.The coronavirus and its related job loss still looms large over the economy even as some industries begin to resume business. The state's unemployment rate dropped to 15.1% in June, while nationally, the rate decreased to 11.2% in the same time period. The data does not reflect public health orders in July shutting down some industries again. The unemployment rate is likely higher now than the period the data monitored.According to the EDD, total non-farm employment in San Diego County increased by 54,000 jobs between May and June to reach about 1.35 million. It was the first increase in non-farm employment since February. Farm jobs remained steady.The leisure and hospitality sector led the monthly increase by adding 34,700 jobs, 29,900 of which were in the food service and accommodation industries. Arts, entertainment and recreation added 4,800 jobs.The trade, transportation and utilities sector logged 9,500 jobs gained month-over-month, the largest portion of which was in clothing and clothing accessories stores, with 3,900 added jobs.Construction gained 4,100, educational and health services 2,800, other services 2,200, manufacturing 1,900, professional and business services 1,600, financial activities 900 and information 200.Mining and logging employment did not show any gains or losses.The only industry to lose jobs was the government sector, which lost 3,900 jobs in June.Comparing year-over-year, the San Diego region lost 153,600 non-farm jobs and 800 agricultural jobs. Unsurprisingly, leisure and hospitality were top in jobs lost, with a total of 57,300 jobs lost since last June -- 42,800 of which came in accommodation and food services.Since this period in 2019, trade, transportation and utilities lost 21,900 jobs, government lost 20,400, educational and health services 15,900, other services 15,300, manufacturing 7,100, professional and business services 6,300, information 3,600, construction 3,100 and financial activities lost 2,700 jobs. 2225