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SAN DIEGO (CNS) - An alleged drunken driver was going 121 mph when he caused a fiery freeway pileup that killed two men and seriously injured a woman on Interstate 15 last year, a prosecutor told jurors Tuesday, but a defense attorney claimed an off-duty San Diego police sergeant is actually to blame for the deaths.Jeffrey Brian Levi, 39, is charged with murder, gross vehicular manslaughter while intoxicated, hit-and-run and drunken driving, for the Jan. 2, 2018, deaths of 33-year-old Jesus David Dominguez and 19-year-old Isaac Felix, who were burned to death inside a Toyota Corolla that was struck at about 11:45 that night in the fast lane of northbound Interstate 15 near Miramar Road.Giovanna Dominguez -- Jesus Dominguez's sister and Felix's girlfriend - - was also a passenger in the Corolla. She survived but sustained broken bones and burns across her body.RELATED: Suspected drunk driver facing murder charge in fiery crash that killed twoDeputy District Attorney Andrew Aguilar told jurors in his opening statement of Levi's trial that the defendant rear-ended the Corolla, then walked away from the crash scene unscathed.The Corolla was left disabled in the fast lane with no lights on, its three occupants "sitting ducks" for an ensuing crash, Aguilar said.A short time later, a Ford Explorer driven by off-duty San Diego police Sgt. Raymond Rowe then struck the Corolla, which burst into flames and left Dominguez and Felix trapped inside the burning wreckage, while bystanders pulled Giovanna Dominguez out.The Ford Explorer overturned, coming to rest upside down, and Rowe was treated for minor to moderately serious injuries.Aguilar alleged that about three hours after the crash, Levi had a blood-alcohol content of 0.16%, which is twice the legal limit.Levi, who was charged with murder due to a 2007 misdemeanor DUI conviction, faces 40 years to life in prison if convicted.Defense attorney Amanda Waddle alleged that Rowe was "an unreasonable and negligent driver" who should be held liable for the deadly wreck. According to Waddle, Rowe was speeding, failed to wear his prescription glasses and was looking in his rearview mirror at the time of impact.Aguilar noted that Rowe often used his rearview mirror to spot anyone who might be trailing him from the police station to his home, a risk that Rowe potentially faced as a member of the department's gang unit.In addition to not paying attention, Waddle said that Rowe failed to use evasive maneuvers that were part of his police training."This was the direct result of that secondary, very violent crash where Sgt. Rowe was not paying attention to the roadway in front of him," Waddle said.The defense conceded that Levi was driving too fast in connection with the initial crash, but said "thankfully" there were no significant injuries as a result.Giovanna Dominguez -- who was expected to testify Wednesday -- did indicate during a preliminary hearing earlier this year that no one was injured as a result of the initial crash. She testified at the previous hearing that her brother and Felix remained strapped into their seats while trying to contact authorities, but she undid her seatbelt because she wanted to get out of the car and was afraid of being struck again. 3262

SAN DIEGO (CNS) - Gov. Jerry Brown today appointed a former Del Mar councilman to the 22nd District Agricultural Association Board of Directors and reappointed two other San Diego County residents to the panel.Brown named Del Mar resident Donald Mosier, 74, to a four-year term on the board that governs the Del Mar Fairgrounds on behalf of the state via a nine-member board of directors. The governor appoints each member of the board to serve a four-year term.The District Agricultural Association is a subdivision of the California Department of Food and Agriculture, charged with holding fairs and exhibitions that highlight "various industries, enterprises, resources, and products of the state," according to the CDFA.The governor reappointed attorney Frederick Schenk, 65, and Lisa Barkett, 59, who have served since 2011.Mosier is the Climate Action Plan facilitator for the city of Del Mar and is a member of multiple governing boards, including the Del Mar Community Connections Board, the American Association for the Advancement of Science and the Climate Action Campaign Board of Directors. He served on the Del Mar City Council from 2008 to 2016 and was a professor at the Scripps Research Institute from 1992 to 2016.Barkett, who was vice president of Merjan Financial Corp. from 1989 to 2013, is a member of the Board of Trustees for both the University of Southern California and Rady Children's Hospital.The appointments do not require confirmation by the state Senate. The board members are not paid for their service. 1545

SAN DIEGO (CNS) - County health officials today reported the death of a San Diego County man due to flu complications, bringing this flu season's death toll in the region to seven.The 73-year-old man died due to influenza A complications on Dec. 16, according to the county's Health and Human Services Agency.The man's vaccination status and medical history are still being investigated. The other six county residents who have died this season had additional medical conditions and either weren't vaccinated or their vaccination status was unknown."Influenza can be deadly, especially for the elderly and people with chronic medical conditions," said Dr. Wilma Wooten, the county's public health officer. "Getting a flu shot is the best way to prevent getting sick."At this time last year, 11 county residents had died due to flu complications. Last flu season was the county's worst in nearly 20 years of collecting data, with 342 residents succumbing to flu complications. Residents over the age of 65 with underlying medical conditions accounted for much of that death toll, according to the county.According to the county's weekly flu report for Dec. 16-22, lab- confirmed flu cases rose for the fourth consecutive week, from 290 to 410. That jump is a far cry, however, from the same week last flu season when reported cases spiked to 2,332. To date, 1,339 flu cases have been reported and lab- confirmed this flu season."While we're seeing fewer flu cases this season, everyone 6 months and older should get vaccinated since the flu season could last through April and even May," Wooten said.In addition to residents 6 months and older, county health officials and the Centers for Disease Control and Prevention strongly advise the annual flu vaccination for people with a heightened risk of serious flu complications, like pregnant women, people older than 65 and people with chronic conditions like asthma and diabetes.County residents can get vaccinated at doctors' offices, retail pharmacies, community clinics and the county's public health centers. 2070

SAN DIEGO (CNS) - A motorist was killed when his car was struck by a trolley after he drove past a trolley crossing gate in the Valencia Park area, police said Tuesday.The crash happened around 11:45 p.m. Monday near the intersection of Merlin Drive and Imperial Avenue, east of Valencia Parkway, San Diego police Officer John Buttle said.A 22-year-old man was driving a Toyota Prius southbound on 60th Street toward Imperial Avenue when he drove past trolley crossing arms and was struck by an eastbound trolley, Buttle said. The impact pushed the vehicle about 100 feet down the tracks.The victim, the only occupant of the Toyota, was pronounced dead at the scene, the officer said. The man's name was withheld pending family notification. 749

SAN DIEGO (CNS) - Health officials in San Diego County reported 269 new COVID-19 infections Sunday, bringing the total to 54,583 since mid-February, and two new deaths, bringing the overall fatality total to 870.The two deaths were men reported to have died earlier this month. They ranged in age from late 60s to early 70s, according to the San Diego County Health and Human Services Agency.Of the 10,819 new tests reported, 2% returned positive. The 14-day rolling average percentage of positive cases is 2.7%. The 7-day daily average of tests is 11,127.Two new community outbreaks were confirmed, one in a health-care setting and the other in a restaurant. In the past seven days -- Oct. 18 through Oct. 24 -- 26 community outbreaks were confirmed.A community outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.Of all cases, 3,850 -- or 7.1% -- have required hospitalization. And 889 -- or 1.6% -- of all cases and 23.1% of hospitalized cases had to be admitted to an intensive care unit.Meanwhile, all students at San Diego State University remained under a stay-at-home advisory announced Thursday. The advisory began at 6 p.m. Friday and will run through Nov. 2 at 6 a.m. University officials said the move was made to discourage students from participating in Halloween events where physical distancing cannot be done. Students are advised to stay home unless they had an essential need.The university has had a total of 1,237 COVID-19 cases since the fall semester began, including 419 among students living on-campus, 789 among students living off-campus, 16 among faculty and staff and 13 among "visitors" -- defined as someone who has had exposure with an SDSU-affiliated individual.Chancellor Pradeep Khosla announced Thursday that all employees able to effectively work remotely will continue to do so through March 12, the end of its winter quarter."Empowering employees to continue to work from home whenever possible greatly reduces the population density on campus, which helps protect our students, student-facing employees and other essential staff working on site," said Nancy Resnick, UCSD's chief human resources officer.On Tuesday, despite an unadjusted daily COVID-19 case rate of 7.8 per 100,000 population, the county was again able to avoid being pushed into the purple tier of California's four-level reopening system, which would have placed indoor activities at restaurants, movie theaters, gyms and a number of other locations in jeopardy.The state adjusted the data for the week of Oct. 4-10 down to 7 per 100,000 -- the highest it can be without heading into the purple tier -- due to the county's high rates of testing. The data are reported on a one-week delay.The state reported that the testing positivity percentage for the region increased from 3% to 3.3%, but it still remains low enough for this metric to remain in the orange tier. If a county reports statistics meeting metrics in a higher tier for two consecutive weeks, it will move into that more restrictive tier for a minimum of three weeks.The state's health equity metric, which looks at the testing positivity for areas with the lowest healthy conditions, dropped from 5.7 to 5.5% and remained in the red tier. This metric does not move counties backward to more restrictive tiers, but is required to advance. 3392

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