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SAN DIEGO (KGTV) — Three gyms, a restaurant, and a Pacific Beach juice shop prompted the most complaints from the public about health order violations, according to 211 data analyzed by ABC 10News.Of the five businesses with the most complaints, the county has only taken enforcement actions against two, in the form of cease and desist or shutdown orders.The 211 data reviewed by ABC 10News includes more than 9,400 complaints received from April 3 through July 29.Number 5: Boulevard Fitness (2110 El Cajon Boulevard)This gym got 141 complaints, primarily for intentionally operating indoors after Governor Gavin Newsom banned indoor gyms July 13. This week, San Diego Police cited the owner after the gym defied a cease and desist letter from the county.The owner of Boulevard Fitness could not be reached for comment.Number 4: The Gym (2949 Garnet Avenue)The Gym got 158 complaints stretching back to April, with tipsters warning of people bunched close together without masks. One tipster said in June, “It’s an outbreak waiting to happen. I cannot stress enough that I’m not exaggerating at all.”The tipster was right. The county ordered the facility to close July 23, but one week later, the county announced it had traced an outbreak back to the facility. An outbreak is defined as three or more infections at one location.The County confirmed this week The Gym was given permission to reopen with equipment outside.A staff member at The Gym hung up when ABC 10News asked for comment over the phone earlier this week. A man who appeared to be the owner tried to stop a photojournalist from recording the outside of the building from the sidewalk.Number 3: Self Made Training Facility (4030 Sports Arena Boulevard)As of Thursday, Self Made Training Facility continued to operate indoors, according to video captured by ABC 10News.This gym got 184 complaints, mostly in mid-July after the owner, Matt Pallardy, posted a video directed at “King Newsom” on Instagram.“This is to let San Diego and everyone know that we will not be closing our doors,” he sai, adding that he encouraged other gyms to do the same.Pallardy declined an interview, but said in a statement that most of the complaints are from people who have not actually been to the facility. He said the gym takes steps to sanitize equipment and noted that they are not as crowded as a typical gym because they only offer personal training.The county has not sent Self Made Training Facility a cease and desist or shutdown letter, spokeswoman Tegan Glasheen said Wednesday.Number 2: Firehouse American Eatery (722 Grand Avenue)Firehouse American Eatery got 190 complaints, almost entirely after a video surfaced on Reddit June 29 showing a DJ performing on the venue’s outdoor patio. Tipsters noted the tables looked closer than six feet and guests were not wearing masks.Owner Matthew Spencer thinks a lot of tipsters didn’t know that masks are not required when diners are seated. The video shows a woman standing and dancing without a mask; Spencer said she was quickly asked to sit down.“I think it was a misunderstanding by the public at the time. It was put on Reddit by someone who wasn’t there, and there you are,” he said in an interview.Spencer said the county only clarified later that DJs were not allowed. He stressed that the restaurant has been going out of their way to follow all the rules.“Regardless of your political views, it seems to me you need to follow the rules. It seems to me that following the rules brings the [infection] numbers down. And so to be on this list is really heartbreaking for us,” he said.Firehouse had no 211 complaints before that incident and three since.Number 1: Mad Beet (933 Garnet Avenue)This juice and smoothie shop collected 191 complaints about employees not wearing masks, mostly after a customer posted a video on Facebook July 10 showing two maskless employees.“I was just dumbfounded this was happening,” said the woman, who asked not to be identified.“I was like, ‘Why are you guys not wearing masks?’ And she’s like, ‘Well it’s our civic right not to and our employer agrees with our choices.’”Owner Brian Dunlap declined an on-camera interview but suggested over the phone and by email that it was an isolated issue. “It was just a long weekend in July for us,” he wrote.However, ABC 10News found two complaints employees failing to wear masks in late April, 13 in May and 11 in June. Several tipsters mentioned that the owner wasn’t wearing a mask either.Dunlap said the shop has been in compliance since the July 10 incident.The county has not taken action against them. 4609

SAN DIEGO (KGTV) - The U.S. Coast Guard reports sightings of a whale in San Diego Bay.Several pictures were posted online by San Diego Floating Lab, which is located off Shelter Island in America's Cup Harbor.Captain Rick Scott of Ocean Odyssey took the photos. An employee at the business said it's common for juvenile whales to enter the bay, but they tend to find their way back out.The Coast Guard has not determined what type of whale is in the bay.Watch a Facebook live of the whale in the player below: Have you seen the whale? Send us your photos at pictures@10news.com. 591

SAN DIEGO (KGTV) - There’s now a bombshell update about the standoff from earlier this summer at a condo complex near SDSU.Two officers were shot and dozens of neighbors were terrorized. 10News Investigative Reporter Jennifer Kastner has confirmed that officers wanted to search the suspect’s home for weapons days before the shooting.However, the Office of the San Diego County District Attorney did not attempt to get a search warrant. It was a horrifying night that ended with one person dead and two San Diego Police officers wounded by gunfire. Suspect Joseph Darwish died in the massive standoff.He had numerous hand guns and rifles, according to police. In the days after the shooting, 10News was tipped off by a law enforcement source that the FBI’s Joint Terrorism Task Force had wanted to search Darwish's home because they thought he had a weapon and was buying parts to make more weapons.Darwish wasn't supposed to own any weapons because of his criminal history. Our source says the FBI asked the District Attorney's Office to sign off on having a judge issue a search warrant, but the DA’s Office did not do so.For the past 7 weeks, 10News has been trying to confirm this with the DA’s Office.After our 10News attorneys got involved, the DA’s Office sent us a letter reading in part, “On June 13, 2018, the San Diego County District Attorney's Office received a request by law enforcement to review a draft of an affidavit in support of a search warrant to conduct a search of Mr. Darwish's person, property and residence. The District Attorney's Office determined that the warrant was legally deficient and so advised law enforcement.”June 13th was 10 days before the big shooting. 10News asked law enforcement expert and former police officer Kevin LaChapelle what "legally deficient" means. “It means that the District Attorney's Office felt that there was insufficient evidence or insufficient information that a judge would not grant a search warrant,” he explained.10News asked the DA’s Office why it turned down the FBI’s request to do a search warrant, but the DA’s Office will not answer that question, stating it's "exempt from disclosure".LaChapelle said this may have been a lesson learned the hard way, for the DA’s Office. He explained that the DA’s Office may reevaluate when it’s appropriate to seek a warrant. “It may help them start saying [a warrant] didn't meet [certain] criteria but it met this.It didn't meet a [level] 10 but it was at like a 7 and gosh, maybe [the DA’s Office needs] to start looking at this more so we can prevent these kinds of things,” he added. The FBI declined to comment about Monday’s story. San Diego Police have taken the lead on investigating the shootout. As of Monday morning, a lieutenant with the Homicide division said the investigation is still open and active and will probably take another couple of months to finish. 2913

SAN DIEGO (KGTV) - The U.S. Attorney's Office of Southern California announced charges Friday against a man in the death of a Camp Pendleton Marine who had an overdose in his barracks.The unidentified Corporal was found unresponsive on the floor near his computer chair on January 29, 2017. He was wearing headphones and appeared to have been playing video games, investigators said.An autopsy determined the Marine died of fentanyl toxicity. A pill found on the headboard near a powdery substance and a rolled-up dollar bill tested positive for fentanyl.A complaint unsealed Friday detailed drug charges against 25-year-old Kyle Shephard of San Marcos.Investigators said Shephard met the victim in November 2016 and sold him fentanyl and other drugs multiple times over three months.Shepard acknowledged the pills could lead to an overdose, according to the complaint.In December, Shephard was arrested and charged with possessing for distribution roughly 2,000 fentanyl pills.“What a senseless tragedy that another young life has been lost because of fentanyl,” said U.S. Attorney Adam Braverman. “This Marine was serving his country and had his whole life ahead of him. We are going to hold dealers accountable for the deaths that result from their reckless disregard for human life.”Shephard will be in court March 6 for a detention hearing.  1369

SAN DIEGO (KGTV) - The San Diego Fire Marshall explained to 10News in an exclusive interview Wednesday why dozens of residents in a Little Italy apartment complex were trapped when a vandal flooded their stairwell.February 25th, around midnight residents heard the alarm go off, their only route of escape was to head to the stairs, but once they reached the bottom, they realized there was too much water to get out. When they climbed back up the stairs, they realized, they were locked in."It felt like a waterfall coming down on you," Resident Ryan Lange said."It was a freak accident," Fire Marshall Chief Doug Perry said the issue is the doors were supposed to unlock whenever an emergency alarm goes off. "When you're in an interior stair it's supposed to be openable from the egress side and ingress side without any special knowledge," Chief Perry said.Normally the locked hallway doors act as a way to protect residents from intruders. Chief Perry said the building management is being notified of the problem and given three options to fix it.Those are:-Install hardware on the doors so they unlock automatically when an alarm is triggered.-Install a button in the lobby so firefighters may unlock the doors during an emergency.-Install a phone on the 5th floor so anyone in the hallway can call a 24/7 service to unlock the doors remotely during an emergency.Chief Perry said the issue would've become apparent during their annual inspection, "we were right about the time frame where in the next two or three months we would've been in that building, we walk the whole building, check all the life safety stuff."So how did this fall through the cracks in the first place? The building's approved plans on file show the fire code was missed in the developing stages. "The onus is truly on the architect, because the arcitect is the design professional who knows these codes inside and out," Chief Perry said human error is always a concern.Thanks to Chief Perry, a fix is on the way or 1810 State Street. "Channel 10 should take credit for it because of the phone call that you made to me and got me involved with it," he said.If the building was one story taller it would have fallen under more strict codes and this would not have happened. If you have a concern about your building, contact your management. 2329