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SAN DIEGO (AP/KGTV) — Unlike most Californians, people in San Diego will be able to get a reprieve from the heat this Labor Day weekend by heading to movie theaters and dining inside a restaurant. Among California’s 10 most populous counties, San Diego is the only one with virus cases low enough to meet state standards for reopening theaters, museums and gyms, and resuming indoor dining — all with limited capacity to provide for physical distancing. San Diego County is listed in the state's second tier, or "substantial" tier, for cities reporting four to seven daily coronavirus cases per 100,000 residents and a positive test rate between 5% and 8%.As of Thursday, San Diego’s case rate is 5.8 and the testing positivity percentage is 3.8%. Since one of those metrics is in the second tier, the county isn't eligible to begin the 14-day countdown to qualify for the next tier of easing restrictions.Local officials say an aggressive reaction to outbreaks and a bipartisan approach have helped the county deal with the pandemic.While San Diego County has kept case rates low, the county reported two new outbreaks — in a business and in a restaurant/bar — on Thursday for a total of 17 community outbreaks in the last week.Officials warned this week that Labor Day weekend poses a threat to those gradually decreasing metrics and encouraged residents to be safe and avoid gatherings over the holiday weekend. 1422

SAN DIEGO (AP) — A California tribe whose ancestral lands span across the U.S.-Mexico border is suing the Trump administration to block construction of a section of border wall that the Kumeyaay people say is desecrating sacred burial sites. The La Posta Band of Diegueno Mission Indians filed the lawsuit in federal court in San Diego on Tuesday seeking to temporarily halt construction of the wall until the tribe can protect its religious and cultural heritage. La Posta is one of 12 bands of the Kumeyaay people. The tribe wants its members to be able to monitor work and interrupt it to recover human remains and cultural items uncovered during construction. Federal officials did not immediately respond to a request for comment. 743

SAN DIEGO (CNS) - A former San Diego County sheriff's deputy who fatally shot a fleeing detainee outside the downtown San Diego jail pleaded not guilty Tuesday to a second-degree murder charge.Aaron Russell, 23, is charged in the May 1 death of 36-year-old Nicholas Bils, who was unarmed and running away from officers when he was shot just outside the San Diego Central Jail, according to the San Diego County District Attorney's Office.The former deputy, who had been with the department for 18 months at the time of the shooting, surrendered to authorities on Monday, according to his attorney, Richard Pinckard.Russell, who resigned from the sheriff's department shortly after the shooting, faces 15 years to life in state prison if convicted of second-degree murder, and up to an additional 10 years if convicted of a firearm allegation.RELATED: Suspect who escaped park rangers' vehicle shot, killed by deputyBils had been arrested by rangers with the California Department of Parks and Recreation for allegedly threatening a ranger with a golf club at Old Town San Diego State Park. He was being transported to the downtown detention facility when he managed to escape from a California State Park Officer's car, according to San Diego police.Deputy District Attorney Stephen Marquardt said Russell fired five times as Bils was running away, striking him in the back, arm and thigh. Iredale said the fatal shot went through Bils' back, lung and heart.Among the officers present during the shooting, Russell was the only one who discharged his weapon, the prosecutor said. In fact, Marquardt said, "No other officer on scene so much as unholstered a firearm to stop Bils from running."The Bils family's attorney, Eugene Iredale, said Bils was at the park that day hitting golf balls for his dog to chase. He said "it appears that when the park rangers approached him," Bills "brandished his golf club and ran away."Iredale alleged that Russell opened fire "with what appears to be calmness and relaxation" as he "began to take target practice on a man who was fleeing."Exactly what prompted the deputy to open fire remains unclear. The DA's Office said there is surveillance footage of the shooting, but it will not be released to the public at this time as it is now evidence in a pending criminal case.RELATED: Deputy who fatally shot escaped detainee resigns from departmentMarquardt said Russell was unjustified in shooting Bils under a recently enacted state law that changed the standard governing when law enforcement officers are justified in using deadly force. Since the beginning of this year, peace officers may only use deadly force "when necessary in defense of human life."Iredale said: "Five years ago or 10 years ago, such a prosecution, no matter how clear the facts were, and no matter how appropriate the prosecution, would have been hard to conceive."District Attorney Summer Stephan, in statement Monday, said her office "reached the decision to file criminal charges following a thorough review of all the objective facts and evidence in this case by specialized prosecutors and investigators in our Special Operations Division.""When a life is taken, we must make decisions based in facts and law, and not ones that are influenced by the status of the accused as a peace officer nor the status of the victim," Stephan said. "These decisions must be made solely in the interest of justice and not based on favoritism nor public opinion. Every person must be accountable under the law."The victim's mother, Kathleen Bils made a statement following Russell's arraignment, in which she said her son "should be alive and be here with us. But he's dead, and my heart cries out that this is not right."She said the months since his death "have been agonizing for my sons, their families, and for me."Bils' older brother, Benjamin Bils, said his sibling "was not a saint, (but) he was not a bad person."He said his brother had run-ins with the police in the past, but "it did not mean he deserved to be shot in the back."Russell was initially held on million bail, but a judge cut the amount in half, agreeing with Russell's attorney that his client was not a flight risk or a danger to the community. Russell was released on bail Tuesday night. "He has based his entire life on the principles of honor and integrity," said Pinckard, who said law enforcement shootings "occur in tense, uncertain, rapidly evolving incidents, where decisions are literally being made in fractions of seconds."Russell is due back in court July 24 for a status conference.An attorney for the family issued the below statement: 4640

SAN DIEGO (CNS) - A 22-year-old man was stabbed through his car's open window Sunday in City Heights, and the suspect was still at large, police said.The victim was sitting in his car on Menlo Avenue north of El Cajon Boulevard around 12:20 p.m. when another man approached the car and stabbed him through the window, San Diego police Officer Sarah Foster said.The suspect, described as an Asian man in his 40s, ran away. The victim was taken to a local hospital for injuries that were not believed to be life-threatening, Foster said.Police are investigating. 573

SAN DIEGO (CNS) - A health executive and the mayor of Poway were clinging to narrow leads Wednesday in their bids to claim open seats on the San Diego County Board of Supervisors, while an incumbent was on the verge of being voted out.District 1 board members Greg Cox and District 2's Dianne Jacob are both termed out, meaning the board will have at least two new members.Cox, a Republican, has been in office since 1995, representing the district that includes National City, Chula Vista, Imperial Beach and Coronado, along with 19 communities within the city of San Diego, including Barrio Logan and Sunset Cliffs. It also features the unincorporated communities of Bonita, East Otay Mesa, Lincoln Acres and Sunnyside.Nora Vargas, a health executive, expanded on an early lead in the race to replace him, securing 54.6% of the vote to 45.4% for state Sen. Ben Hueso.Both Vargas and Hueso are Democrats.Hueso, a former San Diego City Council member, has represented Senate District 40 since 2013.Vargas is a vice president of Planned Parenthood of the Southwest and also serves on the Southwest Community College board.The District 2 race, meanwhile, had Poway Mayor Steve Vaus with a narrow 50.6% to 49.4% lead over fellow Republican and former state lawmaker Joel Anderson.The termed-out Jacob, also a Republican, joined the Board of Supervisors in 1993. The district is home to the cities of El Cajon, La Mesa, Lemon Grove, Poway and Santee; and the San Diego communities of Allied Gardens, College Area, Del Cerro, Grantville, Navajo, Rolando and San Carlos.It also covers East County's unincorporated communities of Alpine, Campo, Julian, Ramona, Rancho San Diego and Spring Valley. Anderson represented the East County in the Assembly from 2007 to 2009, and in the state Senate from 2010 to 2018.A Grammy-winning recording artist, Vaus first served on the Poway City Council before winning the 2014 mayoral race. His leadership during the deadly 2019 shooting at a Poway synagogue received national attention.In the District 3 race, challenger Terra Lawson-Remer -- a Democrat who served as a senior adviser in the Obama administration -- had 60% of the vote and appeared poised to defeat incumbent Kristin Gaspar, a Republican elected in 2016.The coastal/North County district includes a dozen neighborhoods within the city of San Diego, including Carmel Mountain Ranch, Mira Mesa and Rancho Penasquitos. It also includes the cities of Del Mar, Encinitas, Escondido and Solana Beach.A former Encinitas mayor and City Council member, Gaspar is also a small business owner.Lawson-Remer has never held public office, but was endorsed by Gov. Gavin Newsom, Rep. Scott Peters and county Supervisor Nathan Fletcher. 2726

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