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SAN DIEGO (CNS) - An ex-con accused of sexually assaulting a 24-year-old woman in broad daylight on a Mission Beach street pleaded not guilty Thursday to a charge of assault with intent to commit a sex crime. Philemon Shark, 40, who has two prior convictions from Washington state for residential burglary from 2014 and 2015, faces life in prison if convicted, said San Diego County Deputy District Attorney Trisha Amador. Judge Joseph Brannigan set Shark's bail at million and ordered the defendant to have no contact with the alleged victim. Amador said all sexual assaults -- no matter what level -- are ``serious'' and taken ``exceptionally serious'' by the District Attorney's Office. ``I think part of the concern is that when an individual is attacked in broad daylight in an area where they felt safe or did not feel a threat, of course that's added concern, but our office takes all sexual assaults equally as serious,'' the prosecutor said outside court. The attack happened about 8:40 a.m. last Sunday on Bayside Lane near San Jose Lane, just off Mission Boulevard, according to San Diego Police Lt. Jason Weeden. Weeden said the victim was walking south when Shark allegedly approached her from behind, threw her to the ground and held her down while he assaulted her. The woman screamed for help, and several residents forced the man off her, the lieutenant said. When Shark tried to leave, some of the residents followed him but lost track of him, Weeden said. Then, about 45 minutes after the attack, one of the neighbors found Shark hiding in a breezeway. Shark allegedly fled but was apprehended by patrol officers and booked into jail. Weeden said Shark is from the Seattle area and was believed to have been living in San Diego for the last few months. He will be back in court Jan. 8 for a readiness conference and Jan. 10 for a preliminary hearing. 1880
SAN DIEGO (CNS) - A transient who allegedly overpowered a woman in the East Village, dragged her into some bushes and sexually assaulted her before running away pleaded not guilty Tuesday to three felony charges, including assault with intent to commit rape.Gary Ryan Cushinberry, 51, who is on felony probation for robbery and failing to appear in court, was ordered held without bail.Late on the evening of Nov. 5, Cushinberry allegedly grabbed a 26-year-old pedestrian walking by herself in the 400 block of 13th Street, pulled her off the sidewalk and assaulted her before fleeing.Detectives identified Cushinberry -- a recent transplant from Indiana who has been living on the streets of San Diego -- as the alleged perpetrator by means of ``several tips and leads,'' Lt. Jason Weeden said.Cushinberry was arrested last Friday about 6:45 a.m. in the 200 block of 17th Street.When Judge Jay Bloom ordered the defendant to stay away from the alleged victim, Cushinberry said ``I don't know the woman,'' according to Deputy District Attorney Martin Doyle.The prosecutor said Cushinberry has a criminal past from Indiana that is still being looked into.Cushinberry -- who is also charged with two counts of digital penetration by a foreign object, faces 21 years in prison if convicted, Doyle said.A readiness conference was set for Dec. 3 and a preliminary hearing for Dec. 5. 1391
SAN DIEGO (CNS) - Military and civilian emergency crews spent a third day battling a stubborn, hot blaze aboard the USS Bonhomme Richard at Naval Base San Diego Tuesday, laboring to subdue a perilous conflagration that has injured scores of firefighters and caused extensive damage to the warship.Despite the destructiveness of the fire, however, Navy officials reported late Tuesday morning that the vessel appeared to have escaped irreparable harm, though all-out efforts to quell the flames were ongoing within the ship and from outside it."The ship is stable, and (its) structure is safe," Rear Adm. Philip Sobeck told reporters during a briefing at the naval base south of downtown San Diego.The fire was posing no active threat to the vessel's fuel tanks, which were "well below any active fire or heat sources," Sobeck said.RELATED: Dozens hurt in fire on USS Bonhomme RichardThe blaze broke out shortly before 9 a.m. Sunday in a part of the vessel where cardboard and drywall supplies are kept, sending thick columns of acrid smoke above the bay, according to the Navy and the San Diego Fire-Rescue Department.Because the vessel was undergoing maintenance work when the fire erupted, its built-in flame-suppression system was inoperative, according to base officials.After about 90 minutes, authorities decided to remove all firefighters from the vessel for safety reasons and battle the blaze by remote means, including water dropped from helicopters and sprayed onto the ship via firefighting boats surrounding it on the bay.About two hours after the fire began, a blast of unknown origin shook the vessel."None of the (SDFRD) firefighters were on board the ship when the explosion happened, but the blast threw several firefighters off their feet," the city department reported.The conflagration sent temperatures as high as 1,000 degrees in parts of the vessel and left it listing in the water, officials said.Adding to the dangers posed by the inferno, the flames were burning several decks away from a section in the ship where a million gallons of oil is housed, the admiral acknowledged Monday, though he expressed confidence that firefighters could keep the blaze away from that storage area.A total of 61 crew members -- 38 sailors and 23 civilian firefighters -- battling the blaze have suffered various minor injuries, mostly heat exhaustion and smoke inhalation, according to Navy officials.There were 160 sailors and officers aboard the ship when the fire broke out, Navy spokesman Brian O'Rourke said.About four hours after the ship began burning, the Navy moved the USS Fitzgerald and USS Russell to berths farther away from the fire, according to Mike Raney, deputy public affairs officer with the Naval Surface Force.What sparked the blaze remains unknown, Sobeck said.PHOTOS: Fire erupts aboard ship at Naval Base San Diego"Going forward, the Navy will do a thorough investigation of the incident, to assess the cause of the fire (and) damage to the ship," the admiral said. "But right now ... my focus and our focus remain putting the fire out and keeping our ship base safe."Among the precautions in the area of the blaze instituted by the U.S. Coast Guard were a one-nautical-mile safety zone on the waters around the ship and up to 3,000 feet in the air.USCG personnel also were assessing "environmental sensitivities and has contracted an oil-spill response organization to preemptively deploy protective boom to guard against any potential environmental concerns," according to a statement from the federal maritime agency.Users of neighboring marinas were being advised to "utilize protective safety measures" as well, according to the agency.Despite the severity of the fire, Sobeck told news crews he was "absolutely hopeful" that the personnel were doing everything possible to make sure the Bonhomme Richard can sail again."I cannot tell you how extremely proud I am of the work that our sailors have shown -- the toughness, the resiliency and the teamwork with their fellow firefighters (from outside fire) departments," Sobeck said Tuesday morning.On Sunday, Mayor Kevin Faulconer pledged that city officials were "here for the sailors and civilians affected by the ship fire at Naval Base San Diego.""All of the crew is off the USS Bonhomme Richard and accounted for," Faulconer noted. "Thank you to our brave sailors and rescue crews."Officials in National City asked residents to remain in their homes as much as possible to avoid health hazards from the smoke billowing off the burning ship. Likewise, the San Diego County Air Pollution Control District Office noted that if residents can smell acrid smoke, they should limit physical activity and stay indoors if possible."Right now, we're not seeing anything rise to a level of health concerns for the public," county Public Health Officer Dr. Wilma Wooten said Monday. "However, where smoke is present, San Diegans should limit physical activity and stay indoors, if possible, to limit exposure to particulate matter. The situation could change, as the fire is expected to be burning for a few days."The Bonhomme Richard is the third warship in U.S. naval history to bear the name, which means "Good Man Richard" in French and honors Benjamin Franklin's Poor Richard's Almanac.The vessel has been homeported at Naval Base San Diego since the spring of 2018, when it returned from a six-year port switch to Sasebo, Japan, while becoming the command ship for Navy Expeditionary Strike Group Seven. 5500
SAN DIEGO (CNS) - An El Cajon man was sentenced Friday to 14 years in prison for distributing fentanyl, some of which caused the fatal overdose of a former player for the San Diego Old Aztecs Rugby Football Club.Christopher Glenn Emison, 33, pleaded guilty earlier this year to a distribution of fentanyl count for selling more than 40 grams of the drug, some of which led to the death of 45-year-old Derrick Hotchkiss in his San Diego home on April 11, 2019.A co-defendant, 34-year-old San Diego resident Jeffrey Alden Blair, pleaded guilty in February and is due to be sentenced next month.Prosecutors say Hotchkiss had text messages on his phone indicating Emison sold him fentanyl the night before his death.Shortly after Hotchkiss' death, investigators searched Emison's home and vehicle and seized fentanyl, heroin residue, firearms, ammunition and other items indicating drug sales.Prosecutors say Emison admitted to knowing the fentanyl was dangerous and apparently sent text messages to Hotchkiss to warn him of the drug's strength but never received a response."Selling drugs is not a victimless crime. Selling drugs is a root cause of crime, cartel violence, the destruction of families and in this case, death," said DEA Special Agent in Charge John W. Callery.U.S. Attorney Robert Brewer said, "This case and the fact that deadly fentanyl continues to ravage our community, taking more than 300 lives this year alone in San Diego County, demonstrates the urgent need to hold these dealers of death accountable for their actions."A statement from the Old Aztecs Rugby Football Club said, "We continue to grieve our beloved Deez ... Saturdays won't be the same; he was a large man with a heart to match." 1723
SAN DIEGO (CNS) - Authorities put out a call today for any additional alleged victims of a mortuary services worker accused of looting a recently deceased Spring Valley man's home, carrying away valuables with a gurney and a body bag.Sammy Willie Gates, 49, allegedly ransacked the 60-year-old man's house late on the night of Aug. 31, about 11 hours after deputies conducting a welfare check found the resident dead of natural causes, according to sheriff's officials.On Sept. 2, one of the victim's relatives reported discovering items, including a firearm and safe, missing from the residence, Sgt. Karen Bloch said. Two days later, the family reported that reviews of surveillance camera footage had revealed that the home of the victim, whose name has not been released, had been burglarized.The video clips showed a man -- later identified by investigators as Gates, owner of independently operated Mortuary Transportation Services -- arriving at the man's house in a white utility van, the sergeant said.Gates allegedly entered the home and exited shortly thereafter with two bags filled with stolen property, then returned with a gurney and an empty body bag that he used to haul away more property.On Sept. 9, detectives from the Rancho San Diego Sheriff's Station served a search warrant at Gates' El Cajon-area home, where the deceased man's safe and gun allegedly were recovered, along with 16 additional firearms, many believed to be war relics dating back to the early 1900s.``Two additional safes, multiple personal identifying documents, jewelry, watches, war medals, comic books and several thousand dollars in collectable coins were also recovered from Gates' residence,'' the sergeant alleged. ``A gurney and body bags matching (those seen in) the surveillance video (from) the victim's residence were recovered from Gates' white utility van.''Gates was jailed on suspicion of residential burglary and being a felon in possession of a firearm. Since Gates' arrest, detectives have identified five additional victims of similar crimes allegedly committed by the suspect, Bloch alleged.Anyone with information about the case is asked to call San Diego County Crime Stoppers at 888-580-8477 or contact the agency online at sdcrimestoppers.org. Tipsters may remain anonymous and could be eligible for a reward of up to .000. 2349