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SANTA ANA, Calif. (AP) -- A surfer was found dead face down in the water at Upper Trestles at San Onofre State Beach in San Diego County.The Orange County Register reports South Sector Superintendent for State Parks Rich Haydon says the man, described as middle age, was seen struggling Saturday as he paddled out into the surf at the break just south of San Clemente's border.It's unclear if the man was struggling because of the surf conditions or because of health issues.Nearby surfers then noticed the man face down in the water.Camp Pendleton Fire Department responded and continued attempting CPR before declaring the man dead at the scene.The San Diego County Medical Examiner had not released the man's name as of Monday morning. 746

SANTEE, Calif. (KGTV) - A rare and beloved family tortoise disappeared from a Santee backyard, possibly grabbed by a thief.Along Jeremy Street, one fenced yard feels especially empty."Heartbroken. My whole family is heartbroken," said a tearful Melanie Clark.Shelly, a 20-year-old leopard tortoise, disappeared about three weeks ago. Clark and her husband returned home from a trip and opened the sliding door but Shelly never came in. Days before returning, Clark says her daughter put down some lettuce on the backyard patio. The couple discovered it half-eaten, which was odd. Usually, Shelly comes back and finishes it.Still, Clark wondered if Shelly wandered off. "We checked all along the fence and saw no gaps," said Clark, who believes it all adds up to a thief."I'm just afraid that somebody saw her and said, 'What a beautiful animal, and I want that beautiful animal,'" said Clark.The foot-long, ten-pound tortoise is unique in its yellow-and-black coloring and origins. "She was one of the last South Africa tortoises to be imported into the United States," said Clark.Clark purchased Shelly at a local pet store before a 2001 ban on the importing of leopard tortoises to the U.S. They were banned because of a certain tick the tortoises may carry.The tortoise, native to Africa, is sensitive to cold temperatures."I'm just worried about not being kept warm. We bring her inside when it's cold. We use special lights and heat to keep her warm," said Clark.She made a plea to the person who took Shelly."Please bring her home to us. She's not just a tortoise. She's a family member. We really miss her a lot," said Clark.If you have any information on Shelly, email 10News at Tips@10news.com. 1714

SANTA ANA (CNS) - A man accused of setting the Holy Fire that burned 23,000 acres in Orange and Riverside counties, forcing thousands of people from their homes, is due in court Wednesday for a preliminary hearing. Forrest Gordon Clark, 51 -- whose criminal case was briefly suspended in August when his courtroom outbursts led a judge to declare a doubt about his mental competency -- remains jailed in lieu of million bail, after pleading not guilty to arson and other charges Dec. 12. Clark's attorney, Nicole Parness of the Orange County Public Defender's Office, argued that Clark's million bail should be reduced because an arson investigator with the Orange County Fire Authority has theorized that another person might be responsible for setting the blaze. RELATED:"It's all a lie!": Arson suspect in Holy Fire appears in courtShe told reporters the investigator cited Michael Milligan, the fire chief of the volunteer Holy Jim Fire Department and a Clark neighbor, as a potential suspect. Parness told City News Service the analysis was ``very well thought out and logical'' and believes prosecutors ignored the suggestion to keep pursuing Clark as the main suspect. Milligan denied the allegation and told CNS he has fully cooperated with investigators and invited them into his home ``to tear it apart, do what you have to do'' so they can rule him out as a suspect. He said he has met investigators three times and turned over his phone, a GPS device and an iPad to authorities. He said he has offered to submit DNA and fingerprints as well. He conceded he was in the area when the fire erupted, saying he was about a mile away from Clark's cabin at the time. RELATED: Holy Fire suspect Forrest Gordon Clark charged with felony arson``There were four people in the canyon, and two people were above the fire and couldn't get back in and had to be rescued by helicopter,'' Milligan said. He said he understands law enforcement must investigate everyone who was in the vicinity of the fire's origin. In court, Parness asked Orange County Superior Court Judge Nancy Zeltzer to read the police report and argued that Clark's mental competency should justify a lowering of his bail. RELATED: Holy Fire suspect exhibits bizarre behavior in court appearanceZeltzer, however, kept bail at million, but noted that if further facts emerge about the case warranting reduced bail, Parness could make her request again. Deputy District Attorney Jake Jondle said the investigator's report mentioning Milligan is just an ``alternative theory,'' but there is ``no credible evidence'' to lead prosecutors to consider it seriously. Prosecutors are ``confident'' Clark is the right suspect, he said. RELATED: Video shows arson suspect talking with investigatorsClark has been the focus of investigators because of a ``combination of things,'' such as text messages he sent to neighbors as well as ``threats made'' to others, Jondle said. Clark could face 10 years to life in prison if convicted of aggravated arson damaging at least five inhabited structures, arson of inhabited property, arson of forest and making criminal threats, all felonies, as well as two felony counts of resisting arrest. In August, Orange County Superior Court Judge Kimberly Menninger ordered Clark to undergo a mental evaluation, saying she questioned his competency to assist in his defense. But on Nov. 28, Judge Michael Murray ruled that Clark was competent, and criminal proceedings were restarted. Initially, a defense expert concluded Clark was mentally incompetent, but a prosecution expert ruled otherwise, prompting Murray to appoint a ``tie-breaker'' expert, who concluded Clark was capable of assisting his attorneys in his defense. Parness has been pressing prosecutors to turn over more evidence in the case. She said she has been pushing to obtain text messages allegedly sent by Clark to neighbors, as well as surveillance video footage. On Aug. 6, the day the Holy Fire erupted, Clark allegedly threatened to kill a neighbor about 7:30 a.m., prosecutors said in a previous motion to deny him bail. As the neighbor walked to his truck, Clark allegedly told him that he `(expletive) with the wrong person,'' according to the motion. ``The defendant stated that he was `crazy' and noted it was `perfect' because he could do anything he wants and get away with it.'' Later that day, he allegedly set fire to his neighbor's residence in Holy Jim Canyon. The Holy Fire ultimately also destroyed 13 other residences. Orange County sheriff's investigator Jennifer Hernandez said in an affidavit supporting the motion to deny bail that Clark ``could be heard on video telling (a victim), `Mark my words, you're gonna die at 12:37... I have 100 percent plausible deniability. You're gonna die. I'm gonna murder you.''' Clark allegedly made at least five ``specific threats'' and``allusions'' to setting fires, according to Hernandez, who said the defendant``appears to believe in the Sovereign Citizen ideology.'' The ideology's supporters ``believe the government does not have the authority to enforce a majority of our laws and taxes,'' Hernandez wrote, adding that not everyone who subscribes to the theory is violent, but law enforcement recognizes it as a ``terrorism threat.'' Orange County sheriff's deputies have had multiple encounters with Clark dating back to 2006, according to Carrie Braun, a spokeswoman for the department. Parness said her client is ``doing better'' since prior court appearances when he was prone to verbal outbursts. ``He understands what's going on and I think he's doing OK'' now, Parness said. ``He's a very nice man, a gentle soul,'' Parness said. ``He's so polite to me.'' 5707

SANTA ANA, Calif. (CNS) - The Orange County Board of Education announced Wednesday that it has decided -- by a 4-0 vote -- to file a lawsuit against Gov. Gavin Newsom and the California Public Health Officer to seek a court order that sets aside the state orders preventing public schools from holding in-person classes and resuming services on campus.The vote came during a closed session Tuesday night, according to a statement.The California Supreme Court has interpreted the California Constitution to require that California school children have a constitutional right to substantially equal opportunities for learning, and the governor's order will unequally burden the most underprivileged families of California, the bard's lawyers said in a statement.The attorneys, Tyler & Bursch, LLP, of Murrieta in Riverside County, said they agreed to represent the board pro bono "to protect the vulnerable children in California."The lawsuit will also be supported by the nonprofit legal organization, Advocates for Faith & Freedom."California children have a constitutional right to both an education and equal protection under the law. The governor denied them these rights and did so without adequately considering the disparate impact these restrictions would have on the disadvantaged," said attorney Jennifer Bursch of Tyler & Bursch, LLP. "We brought this lawsuit to protect the single mom and her children, children whose parents do not read or write English, and children with special needs."The governor's ban on in-person learning will cause tens of thousands of kids to fall through the cracks and, in many cases, will be harmed for life."The Orange County Board of Education earlier this month approved a non-binding recommendation for reopening schools that would not require physical distancing or wearing masks. One of the county's largest districts, Santa Ana Unified, almost immediately rejected that advice, as did other school officials."The board majority's recommendations are not binding and La Habra City School District will not open our schools under these conditions," said that district's superintendent, Joanne Culverhouse. "The health and safety of our staff and students will guide the decisions we make for reopening our schools." 2281

SAN YSIDRO, Calif. (KGTV) — San Diego County will set up a coronavirus testing site at one of the world's busiest border crossings.County Supervisor Greg Cox said Wednesday the testing site will be at San Ysidro Port of Entry's PedWest crossing and serve about 200 tests daily. The testing site will be used for essential workers coming into the U.S. from Mexico and returning U.S. citizens. The walk-up site will also be appointment-free.PedWest serves pedestrians between Tijuana and San Diego. 504