SF News

Rally Planned Before City Hearing On Environmental Review of America's Cup

Environmental and neighborhood groups plan to hold a rally outside San Francisco City Hall Thursday to call on the city to improve what they say is an inadequate environmental review of plans for the America's Cup sailing race in 2013.

The rally will precede a public hearing held by the city's Planning Commission on the draft environmental impact report for the project, which will transform much of San Francisco's northern waterfront to handle the race activity.

The California Environmental Quality Act requires a report to be prepared that assesses the environmental impacts of the project, from marine biology in the Bay to the issues of transportation and historic resources in the city. But the Environmental Council, a coalition of 30 groups including San Francisco Baykeeper, the Turtle Island Restoration Network and the Dolphin Club, say the draft version of the report does not adequately address concerns about air and water quality, among other issues.

"We really need to take care of the shortcomings of this document now, before it gets rushed to final approval," Deb Self, executive director of San Francisco Baykeeper, said in a statement.

"Imagine having the Blue Angels and Fleet Week non-stop for nine weeks," Jennifer Clary of San Francisco Tomorrow, another group in the coalition, said in a statement. "Everyone who lives in the city understands the impacts of those events. We want the city's plan to do the same."

The group's rally is scheduled to take place at 10 a.m. outside City Hall, where they will also attend the hearing of the Planning Commission, scheduled for noon in Room 400 inside the building.

Joy Navarrete, an environmental planner with the city, said today that she anticipates that there will be many people at the hearing, which she estimated will last at least two hours.

San Francisco was named the host of the prestigious international sailing race after Oracle CEO Larry Ellison won the previous America's Cup in 2010 on behalf of the city's Golden Gate Yacht Club and got to choose the host city for the next race.

After months of consideration, the team announced in December that San Francisco would host the event, which includes America's Cup World Series races and the Louis Vuitton Cup in 2012, the America's Cup Challenger Series from July 13 to Sept. 1, 2013, and the America's Cup Finals from Sept. 7 to Sept. 22, 2013.

The environmental impact report for the project is available on the city's Environmental Planning website.

 

Sign up for our weekly newsletter and join the conversation on Facebook.

 

Check out some of our newest Blogs:

     Universal Internet Access for All San Franciscans

     Why is San Francisco So Dirty?

     SFPark – The iPhone App for Smart Parking in San Francisco

     Food Truck Rodeo Review – Off the Grid

Priest Accused Of Sexual Abuse; Protesters Gather At Noe Valley Church

A San Jose man has filed a lawsuit against a San Francisco priest who is accused of child sexual abuse and claims that officials of two California dioceses and an archdiocese knew about the abuse and neglected to act on it.

The civil suit accuses Father Don Flickinger of St. Paul Catholic Parish and School, located at 221 Valley St. in the city's Noe Valley neighborhood, of sexually abusing a 13-year-old boy 10 years ago.

The plaintiff, 23-year-old Matthew Frazer, claims that Flickinger sexually abused him when he was a parishioner and altar boy at St. Frances Cabrini Church in San Jose, where Flickinger was a priest.

The lawsuit claims Flickinger has a 40-year history of sexual misconduct and accuses three area dioceses -- in Fresno, San Jose, and San Francisco -- of conspiracy, negligence, fraud and deceit for what his accusers say is their knowledge of Flickinger's actions and their failure to intervene or warn the public.

More than 20 witnesses -- including former altar boys and their parents, students, and parishioners of Flickinger's parishes -- claim in the lawsuit to have seen or been the victim of Flickinger's misconduct.

Representatives from the Survivors Network of those Abused by Priests, or SNAP, gathered in front of the San Francisco church this morning to bring Flickinger's alleged misconduct to light.

"The church shouldn't be in the business of protecting child abusers," said Tim Lennon, leader of the San Francisco chapter of SNAP.    

Employees at St. Paul's rectory and the school said no one was immediately available to discuss the charges and that Flickinger had retired and moved out of the rectory about three months ago.

Frazer's attorney, Tim Hale, said, "We strongly believe there are many other victims."

Frazer allegedly reported the abuse shortly after it occurred to the San Jose Police Department. The lawsuit claims that Flickinger knew about the investigation and was prepared when Frazer and the police conducted a "sting" phone call in which Frazer confronted him with his accusations.

Around 2005, the lawsuit claims, members of the San Jose diocese seemed to limit Flickinger's ministry -- for example, the lawsuit said the priest was sent to a retreat in Northern California where he was allegedly only allowed to perform mass for the nuns in residence.

A witness in the lawsuit claims that Flickinger admitted that he had been suspected of sexual abuse and that the San Jose parish asked him to leave.

Lennon, a victim of sexual abuse himself, said the churches and diocese should have stepped in and done something to protect children in light of the allegations. Instead, he said, church officials "circled the wagons" and moved Flickinger from church to church.

Frazer pleaded no contest to misdemeanor child pornography charges in 2009, according to Hale.

Hale said Frazer downloaded child pornography from the Internet shortly after the abuse occurred and that this behavior was a "direct result of psychological abuse."

 

Sign up for our weekly newsletter and join the conversation on Facebook.

 

Check out some of our newest Blogs:

     Universal Internet Access for All San Franciscans

     Why is San Francisco So Dirty?

     SFPark – The iPhone App for Smart Parking in San Francisco

     Food Truck Rodeo Review – Off the Grid

Firefighters Contain Small Trash Fire At Pier 39

Tourists at San Francisco's Pier 39 were greeted with an unpleasant odor and smoke from a trash fire this afternoon.

Firefighters responded to the one-alarm fire at 4 p.m. and found a small fire burning below the pier, a San Francisco Fire Department representative said.

To access the fire, crews cut out a small plank from the pier, and the blaze was contained in about a half-hour, according to a fire representative.

There are no reports of injuries or significant damage to the pier, she said. The cause of the fire is unknown.

 

Sign up for our weekly newsletter and join the conversation on Facebook.

 

Check out some of our newest Blogs:

     Universal Internet Access for All San Franciscans

     Why is San Francisco So Dirty?

     SFPark – The iPhone App for Smart Parking in San Francisco

     Food Truck Rodeo Review – Off the Grid

Fisherman's Wharf Murder Suspect Again Asks For New Attorney

A souvenir shop worker at San Francisco's Fisherman's Wharf who is accused of fatally shooting two employees at a neighboring business in January is asking for the second time to have a new attorney.

Hong Ri Wu, 56, is suspected of shooting Feng Ping Ou, a 30-year-old woman, and Qiong Han Chu, a 30-year-old man, on the night of Jan. 30 inside the souvenir shop where they worked at 269 Jefferson St. Wu has pleaded not guilty to charges in the case.

In June, Wu's attorney, Deputy Public Defender Kleigh Hathaway, said in court that she had doubts about her client's mental competency and his ability to understand the nature of the charges or assist in his own defense.

Criminal proceedings were suspended while a forensic psychologist assessed Wu, and the psychologist's report came back last month saying he was not competent to stand trial.

At a hearing this morning, for which Wu was not present, San Francisco Superior Court Judge Garrett Wong said Wu has asked again for a hearing to change his attorney from Hathaway, who was court-appointed.

Wu had previously asked the same thing on July 13, but was denied the right to change attorneys after a hearing held that day. 

Hathaway said outside of court today that she did not know why Wu no longer wanted her to represent him.

The second hearing on the issue will take place on Aug. 23.

Also at today's hearing, prosecutors said they are seeking to overturn the competency report by the doctor and proceed with the criminal case against Wu.

A hearing on the competency issue will take place on Aug. 30.

If the judge affirms the psychologist's report, the case would be suspended indefinitely while Wu received mental health treatment.

 

Sign up for our weekly newsletter and join the conversation on Facebook.

 

Check out some of our newest Blogs:

     Universal Internet Access for All San Franciscans

     Why is San Francisco So Dirty?

     SFPark – The iPhone App for Smart Parking in San Francisco

     Food Truck Rodeo Review – Off the Grid

Two Women Injured In Pacific Heights Fire Die

Two women who were injured in a house fire in San Francisco's Pacific Heights neighborhood on Sunday night both died Tuesday, according to the medical examiner's office.

The women were identified by the medical examiner's office today as Marilynn Postley, 84, and Connie Yim, 67, who also went by the name Connie Chung.

The blaze was reported around 11:30 p.m. Sunday at a home in the 1900 block of Jackson Street.

Postley and Yim suffered burns and smoke inhalation and were taken to St. Francis Memorial Hospital, fire department spokesman Mindy Talmadge said.

Yim was Postley's caregiver and lived in the house with her, Talmadge said.

Firefighters were able to put the one-alarm blaze out just before midnight. It caused about $25,000 in damage to the home's roof and a bedroom, fire officials said.

An assistant fire chief initially said the fire may have been caused by cigarettes, but Talmadge said the cause remains under investigation.

 

Sign up for our weekly newsletter and join the conversation on Facebook.

 

Check out some of our newest Blogs:

     Universal Internet Access for All San Franciscans

     Why is San Francisco So Dirty?

     SFPark – The iPhone App for Smart Parking in San Francisco

     Food Truck Rodeo Review – Off the Grid

Arson Suspected In Bayview Car Fire

San Francisco police are investigating a suspected arson case in which a vehicle was set on fire in the city's Bayview District on Tuesday night.

Officers responded at about 9 p.m. Tuesday to a report of a car burning in the 2400 block of Griffith Street.

The suspect, believed to be a female, fled before the officers arrived and has not been found, according to police.

The fire was extinguished and no one was hurt, police said.

Anyone with information about the suspected arson is asked to call the Police Department's anonymous tip line at (415) 575-4444 or send a tip by text message to TIP411.

 

Sign up for our weekly newsletter and join the conversation on Facebook.

 

Check out some of our newest Blogs:

     Universal Internet Access for All San Franciscans

     Why is San Francisco So Dirty?

     SFPark – The iPhone App for Smart Parking in San Francisco

     Food Truck Rodeo Review – Off the Grid

Man Arrested After Impersonating Cop During Robbery

A man was arrested after impersonating a cop while robbing another man at San Francisco's Parkmerced apartment complex early this morning, police said.

The robbery was reported at 3:06 a.m. in the 300 block of Font Boulevard.

The 19-year-old victim was chased by a suspect who claimed to be a police officer. The suspect caught up to him, beat him, and demanded money, then snatched a necklace from him and fled, according to police.

The suspect, a 21-year-old man, was subsequently arrested, police said.

The victim suffered an abrasion to his elbow and complained of pain in his mouth, but did not require hospitalization.

 

Sign up for our weekly newsletter and join the conversation on Facebook.

 

Check out some of our newest Blogs:

     Universal Internet Access for All San Franciscans

     Why is San Francisco So Dirty?

     SFPark – The iPhone App for Smart Parking in San Francisco

     Food Truck Rodeo Review – Off the Grid

Man Attacked At Bar For Wearing Motorcycle Club Shirt

A man was beaten and robbed by a group of men who did not like the motorcycle club shirt he was wearing at a bar in San Francisco's Outer Mission neighborhood on Tuesday night, police said.

The attack was reported at about 10 p.m. Tuesday outside a bar in the 5700 block of Mission Street.

The 31-year-old victim was pulled outside of the bar by five suspects who apparently did not like his shirt, according to police.

The suspects beat the man and also took his cellphone and cash before fleeing, police said.

The victim suffered a cracked tooth and a contusion to his hip during the attack. He was able to drive himself to a hospital to be treated for his injuries, which are not life-threatening, according to police.

The suspects have not been found as of this morning. Anyone with information about the case is encouraged to call the Police Department's anonymous tip line at (415) 575-4444 or send a tip by text message to TIP411.

 

Sign up for our weekly newsletter and join the conversation on Facebook.

 

Check out some of our newest Blogs:

     Universal Internet Access for All San Franciscans

     Why is San Francisco So Dirty?

     SFPark – The iPhone App for Smart Parking in San Francisco

     Food Truck Rodeo Review – Off the Grid

San Francisco Bay Area Wednesday News

BART Officials Still Unsure Of Cause Of Computer Glitch

It could take weeks to determine what caused a computer glitch that brought BART service to a halt on Monday evening, a BART spokesman said Tuesday.

BART service was back to normal Tuesday morning after the problem forced BART to stop trains in service and let passengers off.

BART spokesman Linton Johnson explained Tuesday afternoon that the problem occurred when a network router failed. Normally when that happens, the router is supposed to communicate the problem to another router, but for some reason that did not happen Monday, he said.

As a result, information was not getting to BART's Operations Control Center, and personnel at the center were unable to monitor trains.

It is still unclear what caused the problem, which began shortly after 7:30 p.m. The system was rebooted at 9:50 p.m., and service was fully restored around 11:15 p.m.

It took a while to address the problem because computer engineers had gone home for the day, Johnson said. Now, he said, a staff member will be on duty to monitor the data intake during all of BART's operating hours until the cause has been pinpointed.

"We need to get to the root cause," Johnson said.

He said Monday evening was "miserable" for many BART riders and called it an "embarrassing moment" for BART.

"We can't apologize enough," he said.

Johnson said that although the glitch created a major inconvenience, it did not put BART riders in any danger.

"We have a lot of redundancies in place so that when things fail, they fail safely," he said.

Oakland Deputy Police Chief Confident Arrests Will Be Made In Connection With Drive-By Shooting

Oakland Deputy Police Chief Eric Breshears said Tuesday that he is confident arrests will be made soon in a drive-by shooting that killed a 3-year-old boy in East Oakland on Monday.

"We have investigative leads and expect that we will have closure to this," Breshears said.

He was speaking to reporters at a briefing outside a Little Caesars pizza restaurant at 6447 International Blvd. near where the toddler was shot at about 1:10 p.m. on Monday.

"We're hoping that having the crime being quickly solved will bring some closure to the family, although it won't compensate for losing the boy," Breshears said.

Police said they believe the targets of the shooting were two men who had no connection to the young boy and his family. The men were struck by bullets but survived.

The 3-year-old was pronounced dead at Children's Hospital Oakland shortly after the shooting.

Oakland police have not yet released the boy's name, but according to a T-shirt with his photo that is displayed at a memorial for him on the sidewalk near where the shooting happened, his name is Carlos Fernandez Nava.

The T-shirt says, "Rest in God's Hands, Precious Angel" and "Gone Too Soon."

Mourners have dropped off stuffed animals, candles, and a large baby bottle. There is also a large poster on which community members have written condolence messages.

Among the messages are, "May you rest in peace Little Guy" and "God bless you Little Baby Boy."

Woman Arrested In Connection With Santa Cruz Hit-And-Run

A 33-year-old Soquel woman was arrested Tuesday in connection with a fatal hit-and-run collision in Santa Cruz two months ago, according to the California Highway Patrol.

Sundara Wertz was booked into Santa Cruz County Jail on suspicion of vehicular manslaughter and hit-and-run, the CHP said.

She is suspected of driving a white 1999 Infiniti QX4 that struck and killed Noel Hamilton, 31, as he was riding his bicycle on June 27, according to the CHP.

At about 10:10 p.m. that evening, Wertz's Infiniti was going south on Soquel-San Jose Road when it allegedly collided with Hamilton, who was also traveling south on his bike.

Hamilton, a Soquel resident, was pronounced dead on the road.

Wertz initially fled the scene and then returned to provide a statement to CHP officers.

She surrendered to officers at about 4 p.m. at Santa Cruz County Jail following a CHP investigation that found she was responsible for the crash.

SOMA Hit-And-Run Victim Upgraded From Critical To Serious Condition

A 9-year-old boy who was injured during a hit-and-run in San Francisco's South of Market neighborhood Thursday has been upgraded from critical to serious condition, a San Francisco General Hospital spokeswoman said.

Ryan White was visiting from Philadelphia and had recently left the evening baseball game between the San Francisco Giants and the Philadelphia Phillies when he was struck by a white pickup truck while crossing Mission Street at around 10:30 p.m.

White was walking ahead of a family member when he was struck by the truck, which was turning left onto Mission Street. The truck had been driving north on New Montgomery Street, which is a one-way southbound street, police said.

Hayward resident Andrew Vargas, 21, was stopped in Hayward at around 11:30 p.m. when local police spotted his truck.

He was booked into jail on suspicion of felony hit-and-run and driving under the influence in connection with the incident, police Lt. Troy Dangerfield said.

White suffered a traumatic brain injury, which is slowly improving, as well as fractures to his pelvis, left leg and ankle, and a laceration to his liver, according to a statement that his family released Tuesday.

"Ryan has a long road ahead of him, but he is young and strong and we expect steady improvement especially when he can engage in rehabilitation full time," the statement read.

The family also expressed their gratitude for the outpouring of support they have received from the city's police and fire departments, the mayor, and the Giants and Phillies organizations.

San Francisco Mayor Ed Lee visited the boy and his family Tuesday at the hospital. "I will continue to keep Ryan and his family in my prayers as he recovers," he said in a statement.

Representatives from both the Phillies and the Giants went to the hospital to visit Ryan and his family, and Giants players sent Ryan and his 11-year-old brother Kevin signed baseball bats and jerseys, a team spokeswoman said.

San Jose Family Learn Of Death Of Navy SEAL Kevin Houston

Navy SEAL Kevin Houston's family in San Jose has been left heartbroken by news that he was killed along with 37 others when his helicopter was shot down in Afghanistan Saturday.

Houston, 36, lived in San Jose until he was 9 years old and still visited family there frequently. He moved to Cape Cod, Mass., when his parents divorced when he was a child.

Houston's aunt, Catherine Mann, of San Jose, said she is making preparations to travel to Houston's home in Virginia so she can be with his family for upcoming services.

Houston's primary home was in Virginia with his wife, Meiling, and their three children, a 2-year-old boy, an 11-year-old girl, and 17-year-old son who just graduated from high school and is preparing to go to college.

Mann said that Houston's duties as a Navy SEAL made him travel frequently, and he had completed tours in Afghanistan and Iraq, but that when he was home he was a loving husband and father.

"I could tell when I was around them that he was a good husband and father," Mann said.

Mann said that Houston knew he wanted to be a SEAL when he was only 8 or 9 years old. She speculated that might be because of his uncle, who was in the Navy.

Living on Cape Cod, Houston swam frequently, she said, and would emerge from the water with a knife between his teeth. "What are you doing?" his family would ask him, and he would respond, "I'm training."

"That's a big deal, to know what he wanted to do as a kid and aspire to do it, and to be really good at it," Mann said.

She said that in his time off, he loved riding motorcycles, and that he had a fun-loving personality but that he took his work very seriously.

"He loved what he was doing, and did it well obviously because he rose in the ranks so quickly," she said.

Man Convicted Of Trying To Kill Wife With Hammer In 2008

A man was convicted Tuesday of trying to kill his estranged wife with a hammer in 2008 at her home near San Francisco's Twin Peaks.

Steve Acosta, 59, faced 22 separate charges in the case, including attempted murder, torture, mayhem, stalking, making criminal threats, burglary and violating a restraining order.

His estranged wife, Kimberly Celoni, was attacked with a hammer on April 16, 2008, at her home on Glenview Drive, where Acosta had also repeatedly threatened and vandalized her property in the days leading up to the attack, prosecutors said.

Celoni was left with permanent cognitive and physical injuries from the attack.

A San Francisco Superior Court jury found Acosta guilty of 20 of the 22 counts, acquitting him of two of the criminal threats charges.

Acosta also had two prior convictions for assault in 1974 and 1986, and could face a life sentence under the state's three strikes law.

His defense attorney, Floyd Andrews, said outside of court that Acosta was a recovering addict who began using drugs again after having back surgery and getting painkillers.

He and Celoni had been married for 11 years, but after using drugs again, Acosta began accusing her of having affairs, even one with a man who had been dead for years, Andrews said.

He said the jury's verdict was "not unexpected" since he had acknowledged Acosta was guilty of the attack during the trial.

Acosta will return to court today for a trial to affirm his two previous convictions and likely to set a date for sentencing.

Charges Filed Against Woman Who Enlisted Two Boys' Help In Attempted Murder

Prosecutors filed charges Monday against a 36-year-old Vallejo woman who allegedly enlisted two teenage boys to help her try to kill her ex-boyfriend's wife twice in San Pablo in May, Contra Costa County Deputy District Attorney Kate DeFerrari said Tuesday.

Darlene McDade has been charged with conspiracy, two counts of attempted murder, shooting at an inhabited dwelling, stalking in violation of a restraining order, first-degree residential burglary and enhancements for using a gun and causing great bodily injury, DeFerrari said.

The first attack came on May 4 after McDade allegedly told two teenage boys to meet her in San Pablo and bring their guns, DeFerrari said.

According to San Pablo police Sgt. Scott Cook, the boys were 15- and 16-year-old Vallejo residents who McDade allegedly offered to compensate for carrying out the shootings.

When she met up with the boys, McDade allegedly drove them to a gated community in San Pablo where her ex-boyfriend lived with his 31-year-old wife. The group allegedly waited at the gate until the victim came home and then followed her inside, DeFerrari said.

According to Cook, the victim told police that a male suspect threatened her and fired one shot from a shotgun as she fled into her home, striking her in the leg.

The second attack came nine days later, on May 13, as the victim was driving on Rumrill Boulevard near the border between San Pablo and Richmond, DeFerrari said.

The victim immediately reported both incidents to the police.

McDade quickly became a suspect because she had previously violated a restraining order her ex-boyfriend had filed against her and was involved in a bitter custody battle with him over their 2-year-old daughter, Cook said.

According to Cook, the 15-year-old boy had been arrested by Vallejo police about a month after the shootings and found to be in possession of a shotgun.

During a search of McDade's residence, police allegedly found property belonging to McDade's ex-boyfriend that had been taken in a residential burglary earlier this year, Cook said.

The 15-year-old boy has been charged in juvenile court with assault with a deadly weapon, but the other boy has been released without charges.

McDade remained in county jail Tuesday afternoon on $2.4 million bail.

San Mateo County Takes Further Steps Toward Bicycle Share Program

San Mateo County took another step Tuesday morning toward implementing a bicycle share program that will connect Caltrain commuters to bike kiosks at stations in five cities.

The San Mateo County Board of Supervisors Tuesday voted to join a partnership of local agencies participating in the Regional Bicycle Share Pilot Project, which will be administered by the Bay Area Air Quality Management District.

The program aims to put up to 1,000 bikes in more than 100 kiosks along Caltrain's Peninsula corridor, air district spokesman Aaron Richardson said.

"The idea is that one of the ways these bikes could be most valuable is as commute extenders," Richardson said.

Caltrain commuters could essentially deboard Caltrain, check out a bicycle from one of the kiosks and ride to work or a final destination, where the bike could be left in another nearby kiosk, Richardson said.

The pilot program will establish bike kiosks in San Francisco, Redwood City, Mountain View, Palo Alto and San Jose.

Among the agencies that have agreed to take part in the pilot program are the San Francisco Municipal Transportation Agency, the San Mateo County Transportation District, the city of Redwood City and the Santa Clara Valley Transportation Authority.

By joining the partnership, San Mateo County has agreed to provide staff to promote the program locally and designate sites on county-owned properties as possible locations for bike kiosks.

"Bike sharing is an innovative way to improve our community's health and air quality by replacing short car trips with zero-emission bikes," Air District executive director Jack Broadbent said in a statement.

The pilot program is being funded by $4.29 million in grant funds awarded to the air district by the Metropolitan Transportation Commission, Richardson said.

The air district hopes to have the pilot program up and running in the summer of 2012, Richardson said.

Man Convicted Of Running Over Pedestrian

A man convicted of intentionally running down and killing a pedestrian in San Francisco's Mission District in 2007 was sentenced Tuesday to 14 years in state prison.

Hamilton Diaz, 30, struck Randal Gross, 24, with his red Toyota Tercel near the intersection of 16th and Valencia streets early the morning of March 20, 2007.

Diaz and Gross had gotten into an argument, after which Gross allegedly smashed Diaz's windshield and walked away north on Valencia Street, prosecutors said.

Diaz drove onto the sidewalk and allegedly struck Gross from behind with his car, then sped off. Gross died at the scene, and Diaz was arrested a short distance away after ditching his car and fleeing on foot.

He was charged with murder and hit-and-run, but on June 23, a San Francisco Superior Court jury convicted him of a lesser charge, voluntary manslaughter, with a special allegation of the use of a deadly weapon: the car used to fatally strike Gross.

Gross' mother Janet Miley spoke at Diaz's sentencing hearing Tuesday, telling him, "You ended my family's lineage," because her only other child has cerebral palsy and other health issues.

Miley criticized the justice system for not deporting Diaz, an undocumented immigrant, after he was released from custody following a prior conviction on a 2006 arson charge. The incident in the Mission District happened seven months after his release.

Miley and other family friends who spoke at the hearing asked for Diaz to be sentenced to the maximum prison term allowable.

His defense attorney, Mark Goldrosen, argued for a shorter term of eight years, saying Diaz had been provoked into an "explosion of violence that happened in an instant."

After arguments from both sides, Judge Jerome Benson decided on the longer term of 14 years, which included 11 years for the manslaughter charge, one for use of the deadly weapon, one for hit-and-run, and one for a prior conviction on a 2006 arson charge.

San Francisco Bay Area Weather Forecast

Mostly cloudy weather is expected in the Bay Area this morning with patchy fog before becoming mostly sunny. Highs in the 50s to upper 60s are anticipated.

Tonight is expected to be partly cloudy becoming mostly cloudy with patches of fog after midnight. Lows in the lower 50s are expected.

Forecasters predict mostly cloudy skies Thursday with patchy fog in the morning becoming mostly sunny. Highs in the 50s to upper 60s are anticipated.

 

Sign up for our weekly newsletter and join the conversation on Facebook.

 

Check out some of our newest Blogs:

     Universal Internet Access for All San Franciscans

     Why is San Francisco So Dirty?

     SFPark – The iPhone App for Smart Parking in San Francisco

     Food Truck Rodeo Review – Off the Grid

Man Sentenced To 14 Years In Prison For 2007 Mission District Killing

A man convicted of intentionally running down and killing a pedestrian in San Francisco's Mission District in 2007 was sentenced today to 14 years in state prison.

Hamilton Diaz, 30, struck Randal Gross, 24, with his red Toyota Tercel near the intersection of 16th and Valencia streets early the morning of March 20, 2007.

Diaz and Gross had gotten into an argument, after which Gross allegedly smashed Diaz's windshield and walked away north on Valencia Street, prosecutors said.

Diaz drove onto the sidewalk and allegedly struck Gross from behind with his car, then sped off. Gross died at the scene, and Diaz was arrested a short distance away after ditching his car and fleeing on foot.

He was charged with murder and hit-and-run, but on June 23, a San Francisco Superior Court jury convicted him of a lesser charge, voluntary manslaughter, with a special allegation of the use of a deadly weapon: the car used to fatally strike Gross.

Gross' mother Janet Miley spoke at Diaz's sentencing hearing today, telling him, "You ended my family's lineage," because her only other child has cerebral palsy and other health issues.

Miley criticized the justice system for not deporting Diaz, an undocumented immigrant, after he was released from custody following a prior conviction on a 2006 arson charge. The incident in the Mission District happened seven months after his release.

Miley and other family friends who spoke at the hearing asked for Diaz to be sentenced to the maximum prison term allowable. 

His defense attorney, Mark Goldrosen, argued for a shorter term of eight years, saying Diaz had been provoked into an "explosion of violence that happened in an instant."

After arguments from both sides, Judge Jerome Benson decided on the longer term of 14 years, which included 11 years for the manslaughter charge, one for use of the deadly weapon, one for hit-and-run, and one for a prior conviction on a 2006 arson charge.

By hitting Gross from behind, Diaz's actions "almost can be considered to be an ambush," Benson said. "There was no time for escape from that sidewalk."

Diaz will likely get out in less than a decade, though, because he has more than four years' credit for time already served in jail since his arrest.

Outside of court, Miley said she was "definitely satisfied" with the judge's sentence after being disappointed that the jury had only found Diaz guilty of the lesser manslaughter charge.

Miley, who now lives in Lake County, worked in the late 1970s and early 1980s as a court reporter at the San Francisco Hall of Justice, and experienced her first murder trial in the same courtroom where Diaz's trial was heard.

"Never did I think I was going to listen to my son's murder trial here," she said.

The case will return to court on Aug. 19 for a victim restitution hearing.

 

Sign up for our weekly newsletter and join the conversation on Facebook.

 

Check out some of our newest Blogs:

     Universal Internet Access for All San Franciscans

     Why is San Francisco So Dirty?

     SFPark – The iPhone App for Smart Parking in San Francisco

     Food Truck Rodeo Review – Off the Grid

Man Found Guilty Of Attacking Estranged Wife With Hammer In 2008

A man was convicted today of trying to kill his estranged wife with a hammer in 2008 at her home near San Francisco's Twin Peaks.

Steve Acosta, 59, faced 22 separate charges in the case, including attempted murder, torture, mayhem, stalking, making criminal threats, burglary and violating a restraining order.

His estranged wife, Kimberly Celoni, was attacked with a hammer on April 16, 2008, at her home on Glenview Drive, where Acosta had also repeatedly threatened and vandalized her property in the days leading up to the attack, prosecutors said.

Celoni was left with permanent cognitive and physical injuries from the attack.

A San Francisco Superior Court jury found Acosta guilty of 20 of the 22 counts, acquitting him of two of the criminal threats charges.

Acosta also had two prior convictions for assault in 1974 and 1986, and could face a life sentence under the state's three strikes law.

His defense attorney, Floyd Andrews, said outside of court that Acosta was a recovering addict who began using drugs again after having back surgery and getting painkillers.

He and Celoni had been married for 11 years, but after using drugs again, Acosta began accusing her of having affairs, even one with a man who had been dead for years, Andrews said.

He said the jury's verdict was "not unexpected" since he had acknowledged Acosta was guilty of the attack during the trial.

Acosta will return to court on Wednesday for a trial to affirm his two previous convictions and likely to set a date for sentencing.

 

Sign up for our weekly newsletter and join the conversation on Facebook.

 

Check out some of our newest Blogs:

     Universal Internet Access for All San Franciscans

     Why is San Francisco So Dirty?

     SFPark – The iPhone App for Smart Parking in San Francisco

     Food Truck Rodeo Review – Off the Grid

Phillies Fan Injured In Hit-And-Run Upgraded From Critical To Serious Condition

A 9-year-old boy who was injured during a hit-and-run in San Francisco's South of Market neighborhood Thursday has been upgraded from critical to serious condition, a San Francisco General Hospital spokeswoman said.

Ryan White was visiting from Philadelphia and had recently left the evening baseball game between the San Francisco Giants and the Philadelphia Phillies when he was struck by a white pickup truck while crossing Mission Street at around 10:30 p.m.

White was walking ahead of a family member when he was struck by the truck, which was turning left onto Mission Street. The truck had been driving north on New Montgomery Street, which is a one-way southbound street, police said.

Hayward resident Andrew Vargas, 21, was stopped in Hayward at around 11:30 p.m. when local police spotted his truck.

He was booked into jail on suspicion of felony hit-and-run and driving under the influence in connection with the incident, police Lt. Troy Dangerfield said.

White suffered a traumatic brain injury, which is slowly improving, as well as fractures to his pelvis, left leg and ankle, and a laceration to his liver, according to a statement that his family released today.

"Ryan has a long road ahead of him, but he is young and strong and we expect steady improvement especially when he can engage in rehabilitation full time," the statement read.

The family also expressed their gratitude for the outpouring of support they have received from the city's police and fire departments, the mayor, and the Giants and Phillies organizations.

San Francisco Mayor Ed Lee visited the boy and his family today at the hospital. "I will continue to keep Ryan and his family in my prayers as he recovers," he said in a statement.

Representatives from both the Phillies and the Giants went to the hospital to visit Ryan and his family, and Giants players sent Ryan and his 11-year-old brother Kevin signed baseball bats and jerseys, a team spokeswoman said.

Lefty O'Douls, a restaurant located at 333 Geary St., has also said they will donate half of their proceeds from Wednesday's lunch -- between noon and 3 p.m. -- to help the family with medical costs.

"We've been deeply touched by the outpouring of support by people we don't even know, local residents and merchants, such as Lefty O'Douls, that are stepping forward to help Ryan," the family said. 

Cards and letters for Ryan may be sent to: Ryan White, P.O. Box 542, San Francisco, CA 94104.

 

Sign up for our weekly newsletter and join the conversation on Facebook.

 

Check out some of our newest Blogs:

     Universal Internet Access for All San Franciscans

     Why is San Francisco So Dirty?

     SFPark – The iPhone App for Smart Parking in San Francisco

     Food Truck Rodeo Review – Off the Grid

Update: Lower Haight Power Outage Affects 5,200

A power outage left 5,200 customers in San Francisco's Lower Haight neighborhood without power for several hours today, a PG&E spokesman said.

Spokesman Joe Molica said that as of 3:40 p.m. power had been restored for about 2,900 PG&E customers in the area of Duboce Park. Service was restored for the remaining 2,300 customers just before 5:00 p.m.

The outage began shortly after 2:30 p.m. and was caused by a failed underground cable near the corner of Duboce Avenue and Walter Street.

The cable caused a loud noise and released smoke in that area, startling some residents.

Now that power is restored, Molica said, crews are working on determining the cause and Are making repairs to the underground cables.

"Our first priority is to get the lights back on, and once all customers are restored we will get to work making repairs," Molica said.

He said they would send the damaged cable to a forensics lab to determine why it failed.

 

Sign up for our weekly newsletter and join the conversation on Facebook.

 

Check out some of our newest Blogs:

     Universal Internet Access for All San Franciscans

     Why is San Francisco So Dirty?

     SFPark – The iPhone App for Smart Parking in San Francisco

     Food Truck Rodeo Review – Off the Grid

5,200 Without Power In Lower Haight Neighborhood

A power outage has hit San Francisco's Lower Haight neighborhood this afternoon, a PG&E spokesman said.

Spokesman Joe Molica said the outage is affecting nearly 5,200 PG&E customers in the area of Duboce Avenue, and that crews are in the area working to determine the cause.

The outage began shortly after 2:30 p.m., and PG&E has no estimate yet as to when power will be restored.

 

Sign up for our weekly newsletter and join the conversation on Facebook.

 

Check out some of our newest Blogs:

     Universal Internet Access for All San Franciscans

     Why is San Francisco So Dirty?

     SFPark – The iPhone App for Smart Parking in San Francisco

     Food Truck Rodeo Review – Off the Grid

Four Men Arrested After Woman Interrupts Car Burglary

Four men were arrested Monday after a woman interrupted a burglar who was rummaging through her parked car in San Francisco's Alamo Square neighborhood, police said.

The burglary was reported at about 2:20 p.m. near the intersection of Hayes and Scott streets.

The 21-year-old victim returned to her car and found a man going through it. He tried to claim the car was a friend's, but then fled in a black vehicle, according to police.

When the man left, the woman discovered that her purse was missing from the trunk, so she called police.

A short time later, two plainclothes officers saw the suspect vehicle on Divisadero Street and pulled it over.

They found the woman's purse inside and arrested the car's four occupants, all men in their 20s, on suspicion of burglary and possessing stolen property, police said.

 

Sign up for our weekly newsletter and join the conversation on Facebook.

 

Check out some of our newest Blogs:

     Universal Internet Access for All San Franciscans

     Why is San Francisco So Dirty?

     SFPark – The iPhone App for Smart Parking in San Francisco

     Food Truck Rodeo Review – Off the Grid

Local Anti-DUI Campaign Honored As Best In The State

San Francisco police Chief Greg Suhr today received a plaque recognizing the city's "Avoid the 8" anti-DUI campaign as the best multi-jurisdictional effort of its kind in the state in 2010, a campaign spokeswoman said.

The plaque was presented to Suhr at San Francisco City Hall this morning by Christopher Murphy, director of state's Office of Traffic Safety, which provides funding for anti-DUI efforts.

The funding allows local agencies to band together to run sobriety checkpoints, conduct saturation patrols, and send out information to the public warning them of the dangers of drunken driving. In the annual California Law Enforcement Challenge, which judges each county's anti-DUI efforts in a variety of categories -- including enforcement, effectiveness, and public information -- San Francisco's Avoid the 8 campaign was named in May as the best in the state for 2010, Avoid campaign spokeswoman Jan Ford said.

The campaign consists of eight agencies in San Francisco, including the Police Department, sheriff's department, California Highway Patrol, U.S. Park police and various campus police departments, Ford said. About 15 officers and chiefs were on hand at City Hall today for the award presentation, she said.

Last month, the Avoid the 8 campaign was also named the third-best in the nation as part of the National Law Enforcement Challenge. Representatives of the campaign will travel to Chicago in October to be honored by the International Association of Chiefs of Police for their third-place ranking. Two regions in Tennessee took first and second place in the national contest.

 

Sign up for our weekly newsletter and join the conversation on Facebook.

 

Check out some of our newest Blogs:

     Universal Internet Access for All San Franciscans

     Why is San Francisco So Dirty?

     SFPark – The iPhone App for Smart Parking in San Francisco

     Food Truck Rodeo Review – Off the Grid

August 10, 2011

It’s 6:34 a.m., 54° and going to 64°. Looks like it’s not going to get really warm until everyone clears out for Burning Man. Details are here. I’ve noticed that whenever I pick up the Chron, I usually turn to Leah Garchick’s column first. It’s been said before, but she manages to write a society...

(08-10) 05:54 PDT NEW YORK, (AP) -- Macy's Inc. reported a 64 percent increase in its second-quarter profit as its strategy of tailoring merchandise to local markets is helping to overcome an overall sluggishness in the...

Email this Article
Add to del.icio.us
Add to digg
Add to Facebook


Asked to respond to a Chicago Sun-Times Q&A that prompted a lot of buzz among Giants fans and could have been interpreted that he wasn't happy in San Francisco, Aaron Rowand had nothing but praise for the team, its fans...

Email this Article
Add to del.icio.us
Add to digg
Add to Facebook


The 9-year-old boy from suburban Philadelphia who was struck by an alleged drunken driver after a Giants game in San Francisco has been upgraded from critical to serious condition and spoke his first sentences Tuesday...

Email this Article
Add to del.icio.us
Add to digg
Add to Facebook


Paid for by Phil Ting for Assembly 2012. FPPC ID# 1343137