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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 missing 19-year-old woman authorities say has the mental capacity of a 10-year-old has been found safe after disappearing from her group in the Jamacha-Lomita area. Nikki Leopold, who suffers from a traumatic brain injury, disappeared around 7 p.m. Monday at her residence at 532 Billow Drive, according to police. 352

SAN DIEGO (CNS) - A report released Thursday by the International Boundary and Water Commission found a significant presence of wastewater in border channels in the Tijuana River Basin impacting San Diego.In the report, "Binational Water Quality Study of the Tijuana River and Adjacent Canyons and Drains," scientists from the United States and Mexico collected samples from of seven transboundary channels.The sampling and laboratory analysis for the study were performed from December 2018 to November 2019. The findings indicate the presence of treated and untreated domestic and industrial wastewater.The scientists analyzed 267 different parameters in water and 204 parameters in sediment for pathogens, metals, industrial organics, pesticides, as well as conventional parameters typically found in wastewater. Of the parameters tested, 131 were not detected and 136 had detectable levels.Parameters that exceeded standards in both countries at all monitoring sites are those associated with the presence of wastewater, including ammonia, biochemical oxygen demand, chemical oxygen demand, oils and greases, phosphorus, nitrates, methylene blue active substances and coliform bacteria.Data analysis indicates that the parameters which exceeded standards had originated as uncontrolled sewage spills from Tijuana. Disposal of solid waste or trash contributes to the presence of certain parameters exceeding the standards, such as the organic compound DEHP. Commonly used in the manufacture of plastics, DEHP exceeded applicable standards at all monitoring sites and could have leached from plastic accumulated in the canyons and Tijuana River.The results showed that certain parameters of concern -- Hexavalent Chromium and the pesticides DDT and Aldrin -- were either not detected or found in very low amounts below the limits established in both countries' applicable regulations. Likewise, metals such as copper, nickel and zinc, which are commonly used in the metal plating industry, were detected at levels within applicable standards in both countries.The report also includes recommendations related to control of industrial wastewater discharges in Tijuana, increased resources and assistance for wastewater collection and treatment systems in Tijuana, and continued joint water-quality monitoring and field inspections to detect and respond timely to wastewater flows. 2389

SAN DIEGO (CNS) - A man who was operating a panga boat carrying several undocumented immigrants when it capsized off the coast of southern San Diego County earlier this year, killing two men aboard, was sentenced today to nearly seven years in federal prison.Julio Cesar Murillo-Arce, 42, pleaded guilty earlier this year to federal charges stemming from the Feb. 3 boating accident off the coast of Imperial Beach.He was sentenced to 78 months in prison in connection with the boat fatalities, and an additional five months for violating the terms of his supervised release stemming from a separate maritime alien smuggling conviction last year, according to the U.S. Attorney's Office.According to court papers, Border Patrol agents spotted the boat in the early morning hours of Feb. 3. It began experiencing engine trouble about 150 yards off the coast, prosecutors said, then eventually became inoperable.Prosecutors say Murillo-Arce told the others aboard not to identify him as the boat's captain, then dove into the water.The boat was capsized by a large wave, sending all six occupants into the sea. Four were able to make it to shore, but Ramon Ponce-Rodriguez and Modesto Rodriguez-Ballesteros did not.Ponce-Rodriguez was pronounced dead on arrival at a hospital, while Rodriguez-Ballesteros was initially hospitalized in critical condition and died Feb. 4.The surviving occupants of the boat told investigators that the boat's captain abandoned the vessel and swam away, despite being told some of the people aboard could not swim. The boat's occupants -- or someone else on their behalf -- paid between ,000 to ,500 each to be smuggled into the United States from Mexico, according to the criminal complaint.``This is yet another tragedy that never should have happened,'' said U.S. Attorney Robert Brewer. ``This defendant and others like him care only about their bank accounts and their own safety. Because of his callous disregard for the passengers he attempted to smuggle, two lives were lost.'' 2028

SAN DIEGO (CNS) - A San Diego County Superior Court judge ruled Friday that he is allowed under state law to reconsider his prior decision to place a sexually violent predator known as the ``Bolder-Than-Most'' rapist back into the community, where the felon would continue treatment under a conditional release program.Last October, San Diego Superior Court Judge David M. Gill ordered Alvin Ray Quarles, 56, released to a home in Jacumba Hot Springs. But an agreement to rent that residence fell through, leading Gill to order Liberty Healthcare Corp., which runs the conditional release program, to conduct a countywide search for a new place for Quarles to live.Prosecutors, along with county Supervisor Dianne Jacob, subsequently requested that Gill reconsider, though whether he was allowed to reverse the requested that Gill reconsider, though whether he was allowed to reverse the decision.During a court hearing this morning, Gill stated that it was "abundantly clear that the court has continuing jurisdiction to reconsider its``abundantly clear that the court has continuing jurisdiction to reconsider its earlier hearing,'' though much of Friday's session was conducted behind closed doors, and without elaboration on how Gill reached his latest ruling.A March 19 hearing was scheduled to hear motions for Quarles' eventual evidentiary hearing regarding a potential release. The evidentiary hearing is tentatively set for May 16.Witness testimony and a newly drafted psychiatric evaluation from Coalinga State Hospital are expected to factor into Gill's decision on either placing Quarles into the conditional release program, or ordering him returned to custody.Quarles was dubbed the ``Bolder-Than-Most'' rapist because of the way he attacked his victims, at knifepoint, sometimes forcing the women's husbands or boyfriends to watch.He pleaded guilty in 1989 to committing more than a dozen sexual assaults in the mid-to-late 1980s and was sentenced to 50 years in prison.Prior to Quarles' release from prison, the District Attorney's Office filed a petition to have him civilly committed as a sexually violent predator.In 2014, Quarles was committed to the Department of State Hospitals to undergo sex offender treatment. In September 2016, Quarles petitioned the court to be granted release through the Conditional Release Program for sex offenders. 2372