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SAN DIEGO (CNS) - A man who beat his estranged wife to death with a commemorative baseball bat as she delivered food to him at his City Heights apartment was sentenced Friday to 16 years to life in state prison.Dana Marion Davis, 56, pleaded guilty at an earlier hearing to second- degree murder in the death of April Davis, his spouse of more than 30 years and the mother of his six children.The defendant beat the 51-year-old victim with a wooden bat on the afternoon of Oct. 7, 2017, then prevented a family member and police from entering the apartment, said Deputy District Attorney Stephen Marquardt. When officers finally gained entry, she was found dead on the floor.Davis told Judge Michael Smyth that he was remorseful for killing the mother of his children."She didn't deserve this," the defendant said before he was sentenced.To his children -- three of whom were present in court -- Davis said, "I am deeply sorry for the pain I have caused you."A psychologist determined the defendant suffered childhood development trauma that affected his relationship with his wife, Deputy Public Defender Amy Hoffman told the judge.When talking to police after the murder, Davis was "clearly in shock" as to what happened, Hoffman told the judge. The attorney said alcohol was involved in the fatal encounter.According to Marquardt, the defendant was on probation for domestic violence when he killed his wife. The two had been living apart.The prosecutor said the defendant had been violent with the victim in the past, having been convicted of misdemeanor domestic violence in 1994 and 2016.When the defendant was convicted of punching his wife in the head in 2016, he was also prosecuted for choking his teenage daughter, Marquardt said. 1749

SAN DIEGO (CNS) - Four local restaurants and gyms are suing the state and county over its coronavirus restrictions as a shutdown of indoor operations takes effect for many county businesses.The lawsuit was filed Thursday in San Diego Superior Court on behalf of Cowboy Star Restaurant and Butcher Shop, Home & Away Encinitas, Fit Athletic Club and Bear Republic.The suit comes as San Diego County is slated to shut down indoor operations for nonessential businesses at midnight Saturday due to its recent entry into the most restrictive, purple tier of the state's coronavirus reopening plan.The businesses allege that San Diego's increased case numbers are not a result of exposures at restaurants, gyms and other types of businesses that will be impacted by the impending closures. The lawsuit cites recent figures indicating restaurants/bars, retail businesses, places of worship, schools and gyms make up a small percentage of confirmed community outbreaks.San Diego County Public Health Officer Dr. Wilma Wooten recently submitted an adjudication request to the state seeking to have San Diego County remain in the red tier. The request was rejected by the state last week.``Penalizing the impacted sectors for case increases is wrong, as these sectors continue to do the right things, while trying to weather the ongoing pandemic and the back forth of reopenings,'' Wooten's request states.The businesses allege in their complaint that they may be forced to shut down permanently if the shutdown is not averted. Each business said it has had to undergo significant closures due to the pandemic, despite abiding by public health orders and implementing safety measures to remain in compliance with the orders. 1726

SAN DIEGO (CNS) - A San Diego physician already facing a federal mail fraud charge for allegedly selling a false COVID-19 cure has been indicted on new charges of impersonating one of his employees to obtain hydroxychloroquine, making false statements to investigators and importing what he believed was hydroxychloroquine smuggled out of China, the U.S. Attorney's Office announced Thursday.Dr. Jennings Ryan Staley, 44, who formerly operated Skinny Beach Med Spas in and around San Diego, was indicted on the latest charges Wednesday by a federal grand jury. In addition to mail fraud, he's now charged in a superseding indictment with importation contrary to law, making false statements, and aggravated identity theft.Staley was originally charged earlier this year for allegedly marketing and selling pricey "COVID-19 treatment packs," described as a "concierge medicine experience" priced as high as ,995 for a family of four. Prosecutors allege he paid roughly per tablet of hydroxychloroquine included in the kits.The U.S. Attorney's Office said Staley's marketing materials stated customers should "NOT BELIEVE THE REPORTS THAT HYDROXYCHLOROQUINE DOESN'T WORK!" and he allegedly told an undercover FBI agent who posed as a customer that the purported treatment was a "magic bullet" and a "miracle cure."When asked whether the treatment kit would cure someone infected with COVID-19, he allegedly said, "One hundred percent," but later denied ever making the claim.The U.S. Attorney's Office alleges he tried to solicit investments for his COVID-19 cure venture, telling one customer and prospective investor that he sought a ,000 minimum investment and aimed to raise 0,000 total. He allegedly promised the customer that she would be repaid "triple your money in 90 days."Prosecutors allege Staley obtained hydroxychloroquine pills in several ways, including by soliciting them from acquaintances and employees with preexisting hydroxychloroquine prescriptions, and writing prescriptions for immediate family members and acquaintances to get the drugs "by any means necessary."He allegedly wrote a fake hydroxychloroquine prescription using the name, date of birth and prior home address of one of his employees, and took the prescription to multiple pharmacies in an attempt to obtain the drug. He also allegedly pretended to be her while ordering pills online.The U.S. Attorney's Office said Staley falsely claimed to investigators that the employee had allowed him to use her pre-existing medical condition to get hydroxychloroquine tablets.Staley also allegedly tried to obtain hydroxychloroquine through a Chinese supplier by lying to customs officials about a shipment coming into the U.S.While Staley believed the mislabeled "yam extract" package contained hydroxychloroquine powder, it actually only contained baking soda, the U.S Attorney's Office said.Prosecutors say he planned to make his own hydroxychloroquine tablets using the powder he believed he'd obtained."People must be able to trust their doctors to offer honest medical advice instead of a fraudulent sales pitch, especially during a global pandemic," said U.S. Attorney Robert Brewer. "Medical professionals who lie about their treatments to profit from a desperate, fearful public will face criminal charges and serious consequences like any other lawbreaker."Staley is due back in a San Diego federal courtroom on Dec. 17. 3426

SAN DIEGO (CNS) - As his trial entered its eighth week, a man who shot at officers from his ex-girlfriend's condominium in Bankers Hill pleaded guilty to four counts of assault with a firearm on a peace officer and agreed to a 20-year prison sentence, it was confirmed Thursday.Titus Colbert, 36, faces formal sentencing May 18 before Judge Louis Hanoian.Deputy District Attorney Michael Runyon was about to wrap up his case when Colbert decided to plead guilty Monday afternoon.Charges of premeditated attempted murder of a peace officer and assault with a semiautomatic weapon were dismissed.RELATED: Suspect in Bankers Hill standoff that shut down Lindbergh Field in courtRunyon said in his opening statement that Colbert took two rifles and a revolver belonging to his roommate in Las Vegas and showed up at his former girlfriend's condo in Bankers Hill a few days before his Nov. 4, 2015, arrest.According to Runyon, the morning of the shooting, Colbert's ex- girlfriend Ashley Davies realized that he'd had broken into her complex and sent him a text saying: "You're trespassing! You're going to jail!"Colbert responded by texting, "(Expletive), I'm going to be a star. (Expletive) you for putting my life in danger," the prosecutor said.When officers responded to Davies' sixth-floor condo near the roof of the complex, a shot rang out from behind her door and an officer returned fire, according to Runyon.The prosecutor said officers retreated and more shots were fired at them and members of a SWAT team.Hours later, police observed a rifle, revolver and a magazine for a rifle being thrown out of the window where Colbert was holed up, Runyon said.After Colbert's arrest, officers found 17 expended casings and another rifle under a pile of clothes in the room, the prosecutor said.Even though traces of cocaine and methamphetamine were found in Colbert's system, and even though he had a history of mental health issues, the defendant knew what he was doing that day, Runyon said.Defense attorney Melissa Tralla told the jury that Colbert had a psychotic break and was paranoid and delusional. She said that days before, Colbert had called Davies at least 50 times and was not acting right.Colbert was rambling, saying he had special powers and was part of the New World Order, Tralla said.The attorney said Colbert was showing signs of mental illness by age 6, and was diagnosed with schizophrenia by age 15. Tralla told the jury that Colbert did not intend or plan to kill officers that day. 2518

SAN DIEGO (CNS) - An ex-con accused of abducting and sexually assaulting a woman in two separate locations before letting her out of his truck in Logan Heights pleaded not guilty today to felony charges, including rape and sexual penetration by force.Phillip Terrel McLeod, 47, who has a criminal record that includes a similar kidnapping case from 2002, faces 160 years to life in prison if convicted, said Deputy District Attorney Patrick Espinoza, McLeod was ordered held on million bail.The prosecutor said the 27-year-old alleged victim in the current case was initially attacked on Delta Street near Balboa Elementary School about 11:30 p.m. on Dec. 20.Espinoza alleged that McLeod pulled up and threatened to use a Taser on the woman, then forced her into his white pickup truck and drove her to an area near 39th Street and Broadway in Mount Hope, where she was sexually assaulted.The prosecutor said the victim fought back and McLeod drove her to Logan Heights, where he allegedly tried to rape her again. The victim pleaded with McLeod to let her go, and he did so near 32nd Street and National Avenue, Espinoza said.McLeod -- who is also charged with kidnapping for rape, attempted rape, assault with intent to commit rape, assault by means likely to produce great bodily injury and a misdemeanor count of resisting an officer -- was arrested Dec. 29.He will be back in court Jan. 15 for a readiness conference and the following day for a preliminary hearing. 1481