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SAN DIEGO (KGTV) -- The man accused of shooting two people outside a Metallica concert in the Gaslamp, including an off-duty sheriff’s deputy was back in court Tuesday.In July Ray Pitoau had his first trial. He was found guilty of three firearm charges, including felon in possession of a gun.The jury deadlocked when charging him with three counts of assault with a deadly weapon. The District Attorney’s Office refiled for a retrial.RELATED: Gaslamp deputy shooting suspect escapes Spring Valley SWAT standoffA few months later that retrial is in session and Pitoau now faces potential life in prison for allegedly shooting sheriff’s deputy Jason Philpot three times, aiming the gun at his brother, Joshua Philpot and shooting and hitting a third person walking by.During his testimony Tuesday, Pitoau tells the jury he didn’t intent on actually firing the gun. "When I see the gun it was like okay you know what I mean, just show it to these guys. It be like okay split parts, I run this way they run that way. It be cool," Pitoau said.Pitoau was asked by the defense attorney and prosecutor to recollect the night of August 7, 2017. The night he got into an altercation with the Philpot brothers and it ended in shots fired.RELATED: Suspect in Gaslamp shooting that injured off-duty deputy arrested in MexicoWhen Pitoau grabbed the gun from his friend that night he tells the jurors he didn’t think Jason Philpot in law enforcement and would know how to remove a gun from a shooter.“I had it in my right hand his left hand cam over my hand and his right hand came under my hand,” Pitoau continued. “So he grabbed the whole thing like he close don it so he started twisting my wrist." Pitoau went over the entire night and even included details of fleeing the country after he saw the shooting on the news the next morning. “I took off to Mexico, well I cut my hair, shaved my beard and then I walked to the trolley station and went to Mexico."After a month in Tijuana he was brought back to the United States and immediately handed over to U.S. Marshals. The retrial will continue Wednesday. 2143

SAN DIEGO (KGTV) -- The city is gearing up to begin enforcing its ban on electric scooters on its beach boardwalks.The ban, which goes into effect Feb. 29, will apply to shared mobility devices on the boardwalks at La Jolla Shores, Pacific Beach, Mission Beach, and the bayside walk area of Mission Bay. Despite being illegal, the scooters will be geo-fenced to 3 miles-per-hour on the boardwalks, which the city says is slower than typical walking speed and the safest way to enforce the ban. The move comes as scooter companies continue to pull out of San Diego amid other new regulations. City data shows that there 11,300 permitted devices in January, down from 22,300 in July 2019.RELATED: San Diego City Council votes to ban electric scooters from boardwalksThe city installed its first signs warning of the ban at La Jolla Shores, where nobody was riding a scooter down the boardwalk around noon on Thursday. "Honestly, it's probably for the best," said Charlie Scheuch, a surfer who used to ride the scooters but no longer does. "People used to just littler the boardwalk with them, so it's a good decision."Officers will issue warnings for the first 30 days, with citations starting after that. A city spokesman says the fine amounts will be decided by the courts. The City Council voted 5-4 in December to enact the ban after a series of scooter-related injuries on its boardwalks, including one man dying at Mission Beach last summer. RELATED: City preps to enforce scooter boardwalk banIn a statement, Bird Scooter expressed a commitment to work with the city. “While we are disappointed in the City of San Diego’s decision to ban all motorized devices on the boardwalk, we are supportive of Council’s direction to speed up infrastructure improvements along Mission Boulevard," said Tim Harter, the company's senior manager of government partnerships. "We look forward to continuing to partner with the City to help provide a reliable and environmentally friendly transportation option to help locals and visitors easily get around town, connect to transit, and enjoy everything the city has to offer, as well as improving safety measures for all.”Data from Scripps Health shows 96 patients going to its trauma centers after scooter accidents in 2019. That does not include visits to its emergency rooms. 2325

SAN DIEGO (KGTV) - The FBI said a bank robber who held up a US Bank in Rolando last week struck again Friday in La Mesa. Surveillance photos show a man entering the Wells Fargo Bank inside the Vons grocery store at 8011 University Ave. in La Mesa just before noon. The man pretended to talk on his phone before demanding money from the teller, agents said. He also threatened “to shoot” if he didn’t receive money, according to the FBI. After approaching the first counter, the man approached several tellers in an effort to get more cash, said investigators. The man spoke to tellers Aug. 15 during the US Bank robbery inside the Vons at 6155 El Cajon Blvd. “Grab a bag. Start with your 100s. Put all the money in the bag and give it to me or I'm gonna [sic] shoot,” the man said, according to agents. A helicopter searched the area near the Wells Fargo Friday afternoon but could not find the man. La Mesa Police said the man is 5’8”, in his mid-20s to early 30s, and has a tattoo of a cross on his forearm. Anyone with information about the robberies was asked to call the FBI. 1088

SAN DIEGO (KGTV) - The Imperial Beach Charter School PTA president was arrested on suspicion of embezzling funds from the group, the San Diego County Sheriff’s Financial Crimes Unit said Wednesday. A warrant was issued in November for 30-year-old Kaitlyn Birchman, a mother of two. Riverside County deputies arrested Birchman late Tuesday night at her home in Temecula.Birchman was the head of the Imperial Beach Charter School's parent-teacher association until March, when she was voted off the board. Other members said her departure followed months of missing funds. RELATED: South Bay mom accused of stealing thousands of dollars from her children’s school“There were thousands of dollars that hadn’t been paid,” current PTA treasurer and former Coronado Police sergeant Elizabeth McKay said. According to McKay, vendors from previous years sent the PTA bills for unpaid services. McKay contacted the bank and discovered the PTA’s account no longer existed. “The checks...she had written to herself and signed herself. ATM withdrawals that weren't anywhere near Imperial Beach or had anything to do with a PTA event." The PTA confronted Birchman in March with the help of a Sheriff’s deputy, who spoke about embezzlement. "She [Birchman] said that it was just a misunderstanding,” McKay said. “It was a lot of blind faith that they thought if she says everything is okay, then everything must be okay." Birchman was booked in Riverside County and posted bond. 1473

SAN DIEGO (KGTV) - Surveillance pictures were released Tuesday of a woman who San Diego Police believe struck a parked car and critically injured her passenger in Lincoln Park.The crash happened just before 5 a.m. on the 500 block of South 47th St.A woman driving a gray 2010 Mazda 3 moved to the right side of the road and struck an unoccupied, parked SUV, police said.The crash caused a 79-year-old man who was in the back seat of the Mazda to be thrown forward, striking the front passenger’s seat. The man was not wearing a seatbelt. Police said he is not expected to survive significant head and neck injuries.A 39-year-old man who was sitting in the back seat of the Mazda suffered minor injuries.Police said the female driver walked away from the scene before officers arrived. She is described as African-American and in her 50s. She was wearing a long-sleeve purple shirt, gray ripped jeans, black socks, and no shoes.Anyone with information is asked to call San Diego Police or Crime Stoppers at (888) 580-8477. 1034

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