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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 woman accused of taking part in the robbery and murder of an East Village businessman inside his flooring-materials store pleaded not guilty Friday to felony charges that could lead to the death penalty if she's convicted.Lorena Del Carmen Espinoza, 34, was ordered held without bail in the slaying of 49-year-old Ghedeer "Tony" Radda of El Cajon.Judge Maureen Hallahan called the defendant "an extreme danger to the community."RELATED: Death of downtown San Diego business owner: Suspect wearing purple wig arrestedDeputy District Attorney Matthew Greco said Espinoza entered Radda's business the afternoon of Oct. 10 wearing a wig and lured the victim to a back room, where he was fatally shot, allegedly by co-defendant Kevin Eugene Cartwright.Cartwright, 51, allegedly took money from the register and he and Espinoza left the Bottom Price Flooring store together, Greco said.A surveillance camera inside the business captured images of the suspected killers -- a man wearing a Halloween-style old-lady mask and a light-skinned woman with long purple hair, possibly a wig.RELATED: Man arrested, female suspect sought in East Village murderEspinoza fled in Cartwright's car and he got away on foot, the prosecutor alleged.Cartwright was arrested Oct. 17 and Espinoza was taken into custody Tuesday.Both defendants are charged with murder and special circumstance allegations of murder during a robbery and murder during a burglary.District Attorney Summer Stephan will decide later if Cartwright and/or Espinoza will face life in prison without the possibility of parole or capital punishment if convicted.Cartwright has pleaded not guilty to the charges with gun allegations.Both he and Espinoza will be back in court Nov. 15 for a status conference. 1787

SAN DIEGO (CNS) - California State Treasurer John Chiang will visit San Diego Tuesday as part of a five-city tour to announce the launch of CalSavers, the state's new retirement savings program.CalSavers will serve as a state-run retirement plan for private-sector workers at companies with five employees or more. State officials boast that accounts provided by the program are portable and paid for by payroll contributions. Gov. Jerry Brown authorized the program's implementation in 2016 and enrollment will open next July.Program guidelines require qualifying employers to enroll their employees in the program within the next five years, but employees themselves can opt out. State officials estimate CalSavers will help roughly 7.5 million California residents save for retirement."CalSavers' goal is to escape a vicious, societal circle, where each successive generation of Americans is on track to retire poorer than the last," Chiang wrote in a March opinion piece in the Orange County Register. "If we continue this trend by doing nothing, the strain on taxpayer funded health and human services likely would undermine the long-term financial stability of our state."The Howard Jarvis Taxpayers Association filed suit against the state in May over the program, arguing it violates federal law to establish a state- run retirement savings program. The case remains pending, but Chiang expressed confidence earlier this month to the Fresno Bee that it lacks teeth.Chiang will be joined by State Assemblywoman Lorena Gonzalez Fletcher, D-San Diego, and AARP California Executive Council Joe Garbanzos at the launch event, which begins at 2:15 p.m. at the State Office Building at 1350 Front St. Chiang also plans to visit Los Angeles, Fresno, Sacramento and San Francisco. 1788
SAN DIEGO (CNS) - A murder charge was filed Wednesday against a man accused of striking a man in the head with a wrench outside a 7-Eleven store in the Rolando neighborhood, resulting in his death five days later.John Cowan Patch, 26, is accused in the Nov. 5 attack on George Almestar, 30, who was found around 4:20 a.m. in the parking lot of the convenience store near the intersection of El Cajon and Rolando boulevards.Paramedics performed CPR on the victim, who was bleeding from his head, and took him to a hospital, where he was admitted in critical condition, Officer Scott Lockwood said.RELATED: Suspect pleads not guilty to 7-Eleven attack that left man on life supportAlmestar died at the hospital on Nov. 10, according to a GoFundMe page created by the victim's family.A motive for the attack has not been disclosed.Patch was arrested the same day and was arraigned Nov. 8 on attempted murder and assault with a deadly weapon charges. The complaint was amended following the victim's death.Patch is being held on million bail and is due back in court Jan. 6 for a readiness conference. 1108
SAN DIEGO (CNS) - It was a big day for Democrats running for San Diego City Council.Tuesday's election brought about major change on the council, with five new faces joining the nine-member panel.While council races are technically nonpartisan, in recent years, council decisions have broken largely along party lines, with conservatives regularly outnumbered.-- In District 1, which has been represented by Democrat-turned-mayoral candidate Barbara Bry since 2016, Democrat Joe LaCava, a civil engineer and business owner, defeated small business attorney Will Moore, 61.8% to 38.2%.District 1 includes La Jolla, Del Mar Heights, Carmel Valley and University City.-- In District 3, Councilman Chris Ward vacated the seat to run for state Assembly. A Democrat, Ward has served since 2016. Democrat Stephen Whitburn, a community nonprofit director, defeated fellow Democrat Toni Duran to claim the seat.District 3 represents Balboa Park, Hillcrest, Downtown San Diego, North Park, Old Town, Normal Heights, Golden Hill, Little Italy and University Heights.-- In District 5, Democrat Marni von Wilpert, a deputy city attorney, defeated Republican Joe Leventhal, an attorney and small business owner. That gives the Democrats another seat on the council, replacing Mark Kersey, an independent who votes with his more conservative colleagues as often as he votes with the progressive ones. He has served since 2012 and has termed out.District 5 represents Black Mountain Ranch, Rancho Bernardo, Rancho Penasquitos, Scripps Ranch and Torrey Highlands.-- In District 7, Republican Scott Sherman has termed out. He ran for mayor and finished in third place in the March primary. Democrat Raul Campillo, a deputy city attorney, defeated Republican Noli Zosa, a small business owner.District 7 represents north-central and northeast San Diego, including Mission Valley, Linda Vista, Serra Mesa and Tierrasanta.-- Lastly, District 9 is being vacated by current Council President Georgette Gomez as she runs for California's 53rd Congressional District. Democrat Sean Elo-Rivera, a San Diego Community College District Board of Trustees member, will take over the seat following Tuesday's election. Elo- Rivera's only competitor, community outreach director and fellow Democrat Kelvin Barrios, suspended his campaign in early September after admitting misuse of funds while serving as the treasurer for the San Diego County Young Democrats.District 9 covers east-central San Diego, including Kensington, College Area, City Heights and Southeastern San Diego.The new council will face a raft of major issues. An ongoing fight against climate change, high levels of homelessness and lack of affordable housing, a utility franchise agreement, monumental transit developments, the ramifications of bad property deals and tangling with what role police should play in society are all on the docket in coming years.However, far and away the most important issue for the region is and likely will remain the effects of the COVID-19 pandemic, which has killed hundreds, badly sickened thousands, cost tens of thousands of jobs, decimated the tourism and hospitality industry and created financial insecurity for thousands of residents.Tackling the issues will fall to the council victors, along with a new mayor, new city attorney and incumbent council members Jennifer Campbell, Monica Montgomery Steppe, Chris Cate and Vivian Moreno. 3424
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