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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) - Gov. Gavin Newsom reversed a parole board's decision to release a 59-year-old man who was a teenage gang member when he killed a San Diego police officer in 1978, the San Diego County District Attorney's Office announced Tuesday.Jesus Cecena was convicted of killing Officer Archie Buggs, 30, who was shot four times after he stopped a car driven by Cecena in the Skyline neighborhood.Cecena, then 17, fired five times at Buggs, then paused, walked toward the fallen officer and fired a final bullet into his head at point-blank range.Cecena, who is serving a life sentence, was granted parole in June, a decision that was heavily criticized by the San Diego County District Attorney's Office.Newsom reversed the parole board's decision on Monday, marking the second time he has reversed a parole grant for Cecena. Former Gov. Jerry Brown also reversed parole grants for Cecena in 2014, 2016 and 2017.Newsom cited Cecena's gang motivations as a major factor in his decision."Mr. Cecena still is unwilling to acknowledge the underlying or causative factors that are in evidence, specifically that he belonged to a gang where killing a peace officer was seen as an ultimate goal, that a more senior and respected gang member handed him a firearm so he could kill Officer Buggs, and that killing Officer Buggs was a way for Mr. Cecena to gain more respect and power within his gang," Newsom wrote. "Mr. Cecena has additional work to do in this area before he can be safely released."Cecena's next parole hearing is in December 2021.In 1979, he was sentenced to life in prison without the possibility of parole, but the sentence was reduced to a seven-year-to-life term in 1982 due to him being underage at the time of the shooting."This defendant killed an on-duty police officer in cold blood and in spite of his claims to the contrary, he once again lacks honest insight and remorse into this heinous crime," District Attorney Summer Stephan said. "We appreciate the governor's thoughtful analysis and ultimate decision to reverse parole and safeguard the public. Officer Buggs was one of the first African- American police officers in San Diego and he was a hero to his family, his law enforcement colleagues and to the entire San Diego community. We will continue to fight for justice on his behalf." 2327

SAN DIEGO (CNS) - County health officials announced Thursday that flu activity remained steady over the last week but confirmed flu cases are still three times what they were at this time last year.The county's Health and Human Services Agency confirmed only 36 flu cases over the last week, bringing the county's 2019-2020 flu season case total to 335. The county had confirmed 109 cases at this time last year.Only two residents have died due to flu complications since the county's flu season started July 1. At this time last flu season, the county had not recorded a flu death.County health officials expect flu cases to spike as the year approaches the holiday season and gets deeper into autumn and winter."The holiday season is right around the corner," said Dr. Wilma Wooten, the county's public health officer. "With family and work gatherings coming up and people taking part in holiday activities, now is the time to get your flu shot to make sure you avoid getting sick and spreading the virus to others."County health officials and the U.S. Centers for Disease Control and Prevention strongly advise the annual flu vaccination for everyone 6 months and older, especially in demographics with a heightened risk of serious complications like pregnant women, people with chronic medical conditions like lung disease and people age 65 or older.Residents can take precaution against contracting the virus by frequently washing their hands, cleaning commonly touched surfaces and avoiding contact with sick people. Residents can also get the flu vaccine at local doctors' offices, retail pharmacies and the county's public health centers.A full list of locations offering flu shots can be found at the county's immunization website, sdiz.org, or by calling 211 for the county's health hotline. 1809
SAN DIEGO (CNS) - Initial results are expected in the next few days on previously untested rape evidence kits that will help identify offenders who may potentially be linked to other sexual assaults, San Diego County District Attorney Summer Stephan announced Tuesday.Earlier this year, the District Attorney's Office, working with the San Diego County Sheriff's Department, contracted with a private lab, Bode Cellmark Forensics in Lorton, Virginia, to test about 1,000 untested sexual assault kits. So far, 350 rape kits have been sent to the lab for testing, Stephan said.The county's top prosecutor said reducing the backlog of untested sexual assault kits has been a top priority of hers since she took office last July. With the support of San Diego County's chief administrative officer, officials identified about million to go toward the effort of expedited 877
SAN DIEGO (CNS) - A lawsuit has been filed on behalf of 40 women against Pornhub's parent company for hosting videos produced by former San Diego-based website GirlsDoPorn.com, the owners and operators of which are facing federal sex trafficking charges.The plaintiffs, identified as Jane Does 1 through 40 in the lawsuit filed Tuesday in San Diego federal court, allege Montreal-based MindGeek owns and operates a multitude of pornographic sites that have hosted videos featuring the women, and maintained its business relationship with GirlsDoPorn even as the site came under scrutiny for allegations of videos made through coercion and fraud.The suit alleges MindGeek's business partnership with GirlsDoPorn continued through late 2019 and only ended because GirlsDoPorn ceased to exist amid a Department of Justice sex trafficking investigation and a civil lawsuit filed in San Diego Superior Court.The federal suit alleges that after the partnership ended, MindGeek's sites continued hosting victims' videos, including as recently as Dec. 12."MindGeek knew it was partnering with and profiting from a sex trafficking venture for years," the latest suit alleges. "MindGeek also knew of the significant harassment and trauma GirlsDoPorn's victims were enduring by its continued publication of the victims' videos. MindGeek simply did not care and continued to partner with GirlsDoPorn until it was no longer profitable because of the indictments and arrests."MindGeek did not respond for comment regarding the lawsuit.The company and its most popular site, Pornhub, were featured in a New York Times article this month alleging Pornhub hosts videos featuring rape and child abuse. In the article's wake, several major credit card companies -- including Visa, Mastercard and Discover -- cut ties with the website and Pornhub instituted a ban on videos uploaded by unverified users and removed millions of videos from the website this week.In the Superior Court case originally filed in 2016, GirlsDoPorn's owners were sued by 22 women who alleged they were coerced to film pornographic videos or led to believe their videos would only be distributed to private owners, rather than proliferated online on GirlsDoPorn's subscription website, as well as numerous free sites, many of which are owned by MindGeek.Several of the women alleged they were lured to San Diego with online advertisements that made no mention of nudity or pornography, much less the GirlsDoPorn business name.The women were awarded nearly million earlier this year by San Diego Superior Court Judge Kevin Enright, who ruled the defendants pressured the women to sign documents replete with "broad, vague releases couched in disorganized, complicated legalese," which obscured the victims' concerns over potential online dissemination. Other women hired as "reference models" allegedly spoke to uneasy victims over the phone and claimed they had been featured in prior videos without issue, falsely assuring victims that their videos would not end up on the internet.Once the women discovered their videos were posted online, the website owners ignored requests to take the videos down and cut contact with the women altogether, Enright ruled. The women also alleged GirlsDoPorn's owners shared links to their videos with people within the victims' social circles in order to drive up website traffic.Late last year, prior to Enright's ruling in the civil suit, federal prosecutors filed sex trafficking charges against the site's owners and operators, alleging many of the same claims presented in the civil case. Six defendants are currently charged, including GirlsDoPorn owner Michael James Pratt, who remains at large. 3707
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