An on-the-water dispute over etiquette between a surfer and paddleboarder has concluded with one man sentenced to five years in prison as the other continues to deal with brain damage suffered in the incident from last June in San Diego.
Paddleboarder Paul Taylor Konen, 34, was sentenced Thursday to two years in prison for assault with a deadly weapon and three years for causing great bodily harm to surfer Kevin Eslinger when he hit him in the head with his paddle, the San Diego Union-Tribune and NBC 7 San Diego reported.
“Today is a good day for the surf community,” Deputy District Attorney Matthew Greco said. “When people are out in the water, they are safe. The rules on land apply to the ocean.
“Whether assaultive behavior happens on the land or water they will be held accountable.”
Eslinger suffered a gash on the back of his head that was so severe he couldn’t speak for days after the encounter.
Also on FTW Outdoors: Surfer in banned area killed by shark off Reunion Island
Eslinger had told the judge in court that it is hard for him to communicate as some wonder whether he is drunk or on drugs or “damaged,” and that he suffers pain in his head and has a hard time sleeping. He also said his insurance covered most of his medical bills of over $100,000.
“My health is generally okay today,” Eslinger told NBC 7 outside the courtroom. “My speech is the most notable issue.
“Two lives are irrevocably changed, but I feel justice was done.”
The incident occurred on June 26 at a popular surfing location called The Boil at Sunset Cliffs. Eslinger testified that Konen blocked his way and then got into his wife’s way. The two exchanged words before Konen started paddling away, but Eslinger wanted to continue to scold the paddleboarder for his behavior. So, lying flat on his surfboard, he paddled after Konen. Eslinger said the paddleboarder cut across his path near his head, he put his hands out and then blacked out.
Eslinger’s wife took him to the hospital and Konen was later arrested.
“Judge Robert Trentacosta said Thursday that he found the testimony of Eslinger and his wife to have been credible, and that he did not believe Konen’s testimony that he felt afraid for his life because the surfer was approaching him,” the Union-Tribune wrote.
Generic photo by Kai Schwoerer/Getty Images.
