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SAN DIEGO (CNS) - Testimony wrapped up Wednesday in the murder trial of two men accused in the stabbing death of a Chula Vista music producer whose body was found in a drum floating in San Diego Bay.Timothy John Cook, 54, is charged with the Sept. 30, 2017, murder of his housemate Omar Medina, 28. Co-defendant Derrick Spurgeon, 40, is charged with being an accessory for allegedly driving the boat used to dump the victim's body, which was found 12 days later inside the 55-gallon barrel, which had been weighed down by a makeshift anchor made of wire and cinderblocks.Medical examiners said Medina had been stabbed more than 60 times in the chest, back, neck and head.RELATED: Man whose body was found in a barrel had been stabbed 66 timesAttorneys will make closing arguments Monday morning at the downtown San Diego courthouse.Deputy District Attorney Cherie Somerville told jurors that Medina and Cook both worked at a scaffolding business for Cook's younger brother and were living together at a home in Chula Vista.In a text exchange with his brother, Cook expressed annoyance with Medina over his drinking and sloppy household behavior, leading Cook to eventually kick him out of the house, according to the prosecutor.RELATED: Opening statements made in murder trial involving body found in barrelSommerville also noted in her opening statement that Medina had recently come into a substantial amount of money via an ,000 settlement he received in a lawsuit.Medina's family never heard from him after Sept. 30, and filed a missing person's report soon afterward with Chula Vista police. Medina's unlocked car was found about a week later on Oaklawn Avenue, not far from the home he shared with Cook on McIntosh Street. Numerous belongings, including his computer and guitar were inside the vehicle.During that time period, Cook had told his brother that he was out of town in the Northern California city of Oroville, but Somerville said evidence indicates the defendant never left San Diego County.RELATED: Family of man found in barrel works to find closure, thanks Chula Vista PD for their effortsDefense attorney Kara Oien countered in her opening statement that there was no hard physical evidence tying Cook to Medina's death, and told jurors the district attorney was relying on circumstantial evidence to come to a false conclusion that her client killed Medina.The attorney said the prosecution lacked a murder weapon and witnesses to the murder, which allegedly occurred during the daytime hours of Sept. 30 at the Chula Vista home.Oien said Cook's agitation over Medina's sloppiness was far from indicative of a motive to kill and that Cook would have tried to get closer to Medina if he really wanted his settlement money, rather than kicking him out of their house.RELATED: Bodycam video shows officer confront accused killer of man found in barrelAccording to the prosecution, Cook enlisted Spurgeon's assistance on Oct. 11 to haul the barrel and dispose of it.Surveillance footage allegedly captured the men in a green Ford F-150 owned by Cook's half-brother, which is seen towing Spurgeon's boat from El Cajon to the bay. Somerville alleged that a barrel matching the one containing Medina's body can be seen in the bed of the pickup in the footage.She also said a search of the McIntosh Street home yielded additional indications that Cook was covering up the murder, such as removal of his home's kitchen sink and stripping down Medina's room, which was located in an attached building on the property.Oien said Cook was merely fixing up the home, and that he had an agreement with his landlord to make occasional repairs in exchange for lower rent.Spurgeon's attorney, Roland Haddad, said there was no evidence that his client had any knowledge that he was assisting Cook in disposing a body, if Cook even committed the murder at all. The men exchanged phone calls on Oct. 11, but Haddad said there was no evidence regarding what discussions they had over the phone, nor what was said on the alleged boat ride when Medina's body was dumped into the water. 4095

SAN DIEGO (CNS) - The Center for Biological Diversity and Endangered Habitats League filed a joint petition Monday to protect Quino checkerspot butterflies -- now found only in southern San Diego County and southwestern Riverside County in the United States -- under the California Endangered Species Act.The petition, filed with the California Fish and Game Commission, notes that the Quino checkerspot was once one of the most common butterflies in Southern California. But with the rapid spread of urban sprawl, the butterfly has lost more than 75% of its historic habitat and in 1997 was listed as endangered under the federal Endangered Species Act."It's alarming that a butterfly that once filled the skies of Southern California is now only found in pockets of its former range," said Dr. Tara Cornelisse, an insect scientist at the Center for Biological Diversity. "Even more alarming is that some of those few critical patches of remaining habitat are slated to be developed. With insects declining at a frightening rate, we need to protect more habitat for endangered butterflies, not allow it to be carved up piece by piece."The Center for Biological Diversity is an Arizona-based nonprofit organization known for its work protecting endangered species through legal action and scientific petitions. The Endangered Habitats League is a similar organization focused specifically on Southern California.Despite federal protection, the Quino checkerspot butterfly remains at risk due to continued habitat destruction and fragmentation, climate change, nitrogen pollution, invasive species and lack of enforced protections, a statement from the center said.In the past decade, the butterfly has only been observed in 33 of 62 historic sites and only inhabits patches of southern San Diego and southwest Riverside counties, according to the center.It is a subspecies of the Edith's checkerspot butterfly and is distinguished by its checkerboard pattern of white and orange spots on its black wings.According to the activists, several major development projects totaling more than 6,500 acres and President Donald Trump's planned border wall could negatively impact the butterfly's remaining habitat."By first decreasing the butterfly's designated critical habitat and then allowing large-scale development projects within its few remaining strongholds, the Trump administration has failed to protect this endangered butterfly," said Dan Silver, petition coauthor and executive director of Endangered Habitats League. "To have a chance at surviving rampant development and other threats like climate change and invasive species, the Quino checkerspot butterfly urgently needs California state protection."Under the California Endangered Species Act, the California Department of Fish and Wildlife has three months to make an initial recommendation to the Fish and Game Commission, which will then vote on the petition at a public hearing. If the Quino checkerspot butterfly wins protection under the act, the state can enact its own protections. 3058

SAN DIEGO (CNS) - The body of a 14-year-old boy was found near railroad tracks by a maintenance crew in the Bay Ho neighborhood, sheriff's officials said.At about 2:50 a.m. Saturday, the crew discovered someone who appeared to be struck by a train in the area of 6000 Santa Fe St., according to Lt. Thomas Seiver of the San Diego County Sheriff's Department homicide unit.After an investigation at the scene by the sheriff's Railroad Enforcement Team, the homicide unit took over the case, Seiver said.The boy has been identified and his next of kin notified, but his name is being withheld because it may jeopardize the investigation, the lieutenant said.The county Medical Examiner's Office will perform an autopsy to determine the cause and manner of the boy's death, Seiver said.Anyone with information about the incident is asked to call the sheriff's homicide unit at 858-285-6330 or Crime Stoppers at 888-580-8477. 929

SAN DIEGO (CNS) - Pride Live, the online pride parade and festival, kicked off a day-long event today featuring elected officials, community organizations and businesses.Because of the pandemic, organizers took the historic Pride Parade march through Hillcrest online -- sdpride.org/live/ -- and began at 10 a.m. with a slide show of photos from 46 years of the parade, which started in 1974. The San Diego Women's Chorus followed with a virtual singing of the national anthem. An interfaith blessing, with clergy from various denominations, gave their blessings.In 1994, the San Diego Women Motorcycle Riders first appeared to officially kick off the parade, which usually had about 350,000 participants and 200 pride floats, along with 400 volunteers.This year, about 12 motorcycles from the group took off from the site of the Hillcrest pride flag at University Avenue and Normal Street. San Diego Mayor Kevin Faulkener gave a few opening remarks, saying, "We can work and lift each other up and get through this pandemic. We stand united in our battle against bigotry and hate. I wish all of you a happy virtual parade.''The winners of the 2020 Spirit of Stonewall Awards, announced at a rally Friday evening, were honored. They are:-- Champion of Pride: Bixby Marino-Kibbee is a licensed clinical social worker who is the program director for the Center for Gender-Affirming Care at Rady Children's Hospital;-- Community Grand Marshal: Essential workers;-- Stonewall Service Award: Casa Arcoris, a shelter for LGBT+ migrants in Tijuana;-- Friend of Pride: David and Jessica Mier of the Uptown community who have supported San Diego's diverse LGBTQ+ community;-- Stonewall Philanthropy Award: John Ealy, the owner of a restaurant group that includes a local San Diego restaurant in Mission Hills, Harley Gray Kitchen & Bar;-- Community Service: Damon J. Shearer, president of the San Diego Black LGBTQ Coalition;-- Light of Pride: The Reverend Doctor J. Lee Hill, Jr.; and-- Inspirational Relationship: Joyce Marieb, Ph.D. and Linda Barufaldi, D.C., who were married in 2008 and are currently in their 48th year of relationship.The pride event is scheduled to include Adam Lambert, GiGi Goode and Margaret Cho to share messages of support. Indie band Chaos Chaos, Azjah, Mila Jam and others were scheduled to perform later Saturday. 2348

SAN DIEGO (CNS) - The California Supreme Court ruled this week that a San Diego court must re-examine its decision to allow a criminal defendant to subpoena Facebook to obtain private social media posts and messages he alleged would help him in his defense.The ruling issued Thursday laid out a series of factors for the trial court to consider when weighing whether to allow the defendant to gain access to his alleged victim's restricted posts and private messages.The ruling stems from the criminal case of Lance Touchstone, a Northern California man charged with attempted murder for allegedly shooting his sister's boyfriend in Ocean Beach in 2016.Touchstone sought to obtain information from the victim's Facebook posts that the defendant alleged would show his accuser was a violent person, bolstering a self-defense claim.A San Diego Superior Court judge ruled in Touchstone's favor and ordered Facebook to release the information, leading to subsequent appeals.In an opinion authored by Chief Justice Tani G. Cantil-Sakauye, she wrote that the trial court should consider a list of seven factors to consider when deciding whether good cause has been shown to grant the subpoena.These "Alhambra factors" include whether the defendant has shown a "plausible justification" for acquiring the information and whether acquiring the material violates a third party's confidentiality or privacy rights, among others.While the state Supreme Court declined to make its own determination on the subpoena's viability, it ruled for the trial court to re-examine the subpoena issue in light of these factors.Touchstone's attempted murder trial in San Diego remains pending for a date still to be determined, as courts remain closed to the public and jury trials have been delayed indefinitely due to the COVID-19 pandemic. 1826

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