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SAN FRANCISCO (AP) — A California state appeals court has thrown out the sole conviction against an immigrant who fatally shot a woman on the San Francisco waterfront in 2015.The 1st District Court of Appeal on Friday overturned a gun conviction against Jose Inez Garcia-Zarate because the judge failed to instruct the jury on one of his defenses.Garcia-Zarate was acquitted of murder in the killing of Kate Steinle, who was on a pier with her father when she was shot in the back in July 2015.The case of Garcia-Zarate, who was in the country illegally and had been deported five times, touched off a fierce immigration debate.He said he unwittingly picked up the gun wrapped in a T-shirt and it fired accidentally.Garcia-Zarate is in custody and facing federal gun charges. 783

SAN DIEGO (KGTV)— Ocean Beach could be getting a new Target, but only if the big box store figures out a way to get around a decades-old parking issue with the city. News of a possible Target Express store moving into the old Antique Center building had some residents like Zeb Ryan shaking his head. “Why do we need more corporate businesses here?” Ryan said. He pointed at the nearby CVS, saying everything he would get at a new Target Express is already around the corner. Other residents agreed, saying it’s a battle of the C’s — comfort vs. convenience.“I don’t know if you’re getting any comfort from a Target,” OB resident, Drew Sibley said. “You’re getting convenience. But not character. You’re getting a bunch of red stuff”The City if San Diego said that “Red” Store has some hoops to jump through before even thinking of coming to OB.The city has a longstanding parking agreement with the former Antique Center and popular restaurant, South Beach Bar And Grille.During the Antique Center's business hours, the lot adjacent to their store was theirs. When they closed at 5 p.m., it was designated specifically for South Beach Bar and Grill patrons. So if a Target Express were to move in, that parking agreement would be grandfathered in. That means the new Target Express must close it’s doors by 5 p.m. as well, unlike many of its other stores that are open until 11 p.m. or midnight.“It sounds like a mess,” Ryan said. Ryan believes it has been a mess all along, saying the original parking agreement was odd, considering the distance between the restaurant and the lot. The two are almost two blocks apart.“It’s a far walk to South Beach [Bar and Grille],” Ryan said. “You can just park in the pier for free.”But if it keeps Target from moving in, Ryan said he was all for it.”Why don’t we turn it into like an indoor skate park or something,” Ryan asked. Target Corporation sent 10News this statement:"Target is always exploring possible locations for new stores, and we’re continuing to pursue the site on Newport Avenue in Ocean Beach. Work is continuing between the building owner and nearby restaurant to finalize the parking specifics at the location, and we are excited by the possibility of serving guests in the Ocean Beach community."The City of San Diego said owners of the South Beach Bar and Grille have also submitted paperwork, pursuing other parking options for their patrons.  2465

SAN FRANCISCO (AP and KGTV) — California's state auditor says the California State University system kept .5 billion in discretionary reserves while raising tuition at its 23 campuses and lobbying the Legislature for more funds.Auditor Elaine Howle says in a report released Thursday that CSU put the money, which came primarily from student tuition, in outside accounts rather than in the state treasury.It says CSU accumulated the surplus from 2008 to 2018. That is during the same time it nearly doubled student tuition. CSU did not fully inform legislators and students about its surplus.CSU Chancellor Timothy White said in a statement the report is misleading. He called it irresponsible to imply that these "one-time funds" could have been used in place of ongoing revenue sources such as state funding or student tuition.Read San Diego State University's response to the audit here.Read White's full statement: 928

SAN DIEGO - After two delays, SpaceX's Falcon 9 rocket finally launched Thursday morning, carrying with it Spain's PAZ satellite. 142

SAN DIEGO (KGTV)-- The owner of MetroFlex Gym in Oceanside said he is now in compliance with San Diego County's public health order after refusing to close his doors for months.Lou Uridel fought back against the closure orders of all gyms and fitness centers in California, saying he would lose the business he worked so hard to build if he closed his doors. Uridel also said he provides wellness services that don't fall under the order.Friday, Uridel received a letter from Dr. Wilma Wooten, the county's public health officer, to immediately close.The letter states that MetroFlex Gym was operating indoors in violation of state and county public health orders.Uridel quickly moved some fitness equipment on the sidewalk outside of his gym and is now getting a permit from the City of Oceanside to expand and build a more extensive outdoor gym.He said he would be closed down until later this week while he gets it all squared away, but some services inside will continue."We have nutrition supplement store, food pickup services," he explained.Before Dr. Wooten's letter was sent, Oceanside Police visited Uridel's gym a few times to try to gain voluntary compliance with the public health order.Uridel tells 10News he received positive feedback about his gym's cleanliness, and he went above and beyond to ensure the safety of employees and members."We hired a virologist, and they said the biggest things were capacity, social distancing, and airflow. So that's what we focused on," he said.Uridel said he purchased a high quality disinfecting spray gun for ,000 and bought six industrial-grade fans to circulate the air while leaving front and back doors open at his gym.He said the gym was disinfected every hour, equipment was moved to allow for social distancing, and capacity was limited to 20 percent."I've had 38,100 visits since May 8th, we have ten trainers here, and we've not had one outbreak," he said. "It's just like a nail in our back to be treated like an egregious violator. I've had death threats. I have people calling me a mass murderer, irresponsible and selfish; I don't see myself as selfish for trying to provide employment for ten trainers and staff."Uridel said had he followed the closure orders from the beginning and closed down his gym, he would lose the business he worked so hard to build."You can't keep throwing us on life support and expecting us to stay around," he said. "Businesses aren't light switches; you can't turn us on and off."Uridel was cited back in May for refusing to shut down during the initial orders from the state. He has since hired a lawyer. 2614

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