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EL CAJON (CNS) - A driver whose blood-alcohol content was nearly quadruple the legal limit slammed into the back of a pregnant woman's car in Ramona two years ago, killing the woman and her unborn child, a prosecutor told a jury Wednesday.But a defense attorney denied that his client caused the crash, claiming the prosecution's case was based entirely on circumstantial evidence and a shoddy police investigation.Andrew Milonis, 46, is accused in the Mother's Day 2017 crash that killed 29-year-old Jessica Foderingham and her unborn child, a girl who Foderingham and her husband planned to name Ayanna. Milonis is charged with two counts each of second-degree murder, gross vehicular manslaughter while intoxicated, hit-and-run and drunken driving.RELATED: Witness: Driver in El Cajon crash, that killed pregnant mother, was 'very intoxicated'Foderingham was eight months pregnant when her Dodge Dart was hit, sending it careening into a tree in the center median on San Vicente Road about 6:45 p.m. May 14, 2017.Deputy District Attorney Laura Evans said in her opening statement that Milonis had been drinking throughout the day, having at least seven drinks at a local bar before he got behind the wheel of his GMC Yukon.The prosecutor said a bartender recommended that Milonis arrange a Lyft ride to get home, but he ignored the advice. Then while driving, Milonis struck a tree and multiple telephone poles before crashing into Foderingham's car, Evans said.RELATED: Driver accused of killing pregnant woman, taking Lyft to barAfter the crash, Milonis continued driving to a nearby hotel, where employees called a Lyft driver for him, Evans said. When the Lyft driver arrived and asked Milonis where he wanted to go, the defendant allegedly told the driver something to the effect of, "Anywhere I can get a drink," according to Evans.He was driven to a bar on Main Street, where sheriff's deputies located and arrested him shortly after he arrived. When his blood was tested, he had a blood-alcohol content of 0.20, but Evans alleged it was above 0.30 at the time of the crash -- well above the 0.08 legal limit.The prosecutor told jurors the impact of the crash left a partial imprint from Milonis' license plate on the back of Foderingham's car, and there was no evidence of mechanical issues on either car that might have contributed factors to the crash.RELATED: Vigil held for pregnant Ramona crash victimSix months earlier, Milonis has been arrested on suspicion of DUI for allegedly driving drunk and hitting a neighbor's fence before going home, according to Evans, who said he suffered a minor head injury in the crash and had a 0.28 blood alcohol content at the time.Christian Foderingham, a U.S. Marine, testified Wednesday that he and his wife's two young sons from a previous relationship began Mother's Day by making her breakfast and showering her with gifts throughout the day. The couple then left home for Jessica Foderingham's grandmother's house in Ramona, taking two cars -- Jessica in her Dodge Dart and Christian driving the boys in his Hyundai.He was driving ahead of his wife when he heard a loud bang behind him, saw a dark-colored SUV swerve onto a sidewalk and witnessed his wife's car slam into a tree. He testified that after hearing the loud noise, he saw his wife's car flying through the air before it struck the tree head-on and bounced back into lanes of traffic.RELATED: Judge raises bail to M in Ramona fatal hit and run"It felt like my heart stopped," he testified.Foderingham said he ran to his wife's car, smashed the driver's side window open and cut off her seatbelt to remove her from the wreckage. An off- duty firefighter helped Foderingham perform CPR until emergency personnel arrived and took her to Palomar Medical Center in Escondido, where she died, according to the victim's husband.Milonis' attorney, Ward Clay, told jurors the crash was "a tragic accident" but said Milonis was not responsible."No one witnessed exactly how the accident happened," Clay said.The attorney said Christian Foderingham never got a good look at the SUV driver.Foderingham testified that the SUV had tinted windows and there might have been two people inside. He could only confirm that the driver was Caucasian.Clay claimed that at the time of the crash, Milonis was not near the crash scene.The attorney also said the California Highway Patrol "made major mistakes" in their investigation of the case, and that "critical, forensic evidence" had been lost or destroyed, though he did not specify what that evidence was.Clay said he expected the jury to be "angry and want to hold someone responsible. But that person is not in this courtroom." 4692

EDITOR'S NOTE (9/2/2020): THIS STORY HAS BEEN UPDATED WITH A STATEMENT FROM THE LA MESA POLICE DEPARTMENT.SAN DIEGO (KGTV) - The parents of a student with Down syndrome said their child was handcuffed and detained by La Mesa police officers after he was able to walk off his elementary school's campus.According to a lawsuit filed Thursday against the City of La Mesa, La Mesa-Spring Valley School District and several people, "Five or more La Mesa Police Department ("LMPD") officers showed up and, without any reasonable basis, handcuffed and subdued Hassan Almahmodi until his parents arrived sometime later."The lawsuit claims Hassan, who was an 11-year-old sixth grader at the time of the incident, should never have been allowed to leave the school building, much less the school grounds and that officers should never have handcuffed and subdued him."I find it very hard to believe that these seven to eight officers, all grown men, all trained with all their equipment, generally believed that Hassan posed a threat to them," said Almahmodi family attorney Brody McBride.The lawsuit says Hassan was terrified and cried out for help."They traumatized this kid," said McBride. "He's got lasting and significant injuries as a result of this."McBride said in August 2019, Hassan was able to leave his class and walk beyond the main gates of Murray Manor Elementary School.According to the lawsuit, school staff stopped Hassan when he reached the public sidewalk, where he sat down on the ground to wait for his parents."They (the school) called the parents and said Hassan had gotten off the school grounds and they needed to come to the school," McBride explained.The lawsuit states, "There was, in short, no reasonable basis to handcuff or physically subdue Hassan. The LMPD officers did so anyway. The LMPD (La Mesa Police Department) officers held Hassan down on the curb, still handcuffed, until his parents arrived. Hassan was terrified, crying for help."McBride said when Hassan's parents arrived at the school, they saw their child sitting on a curb, crying, surrounded by La Mesa police officers.According to the lawsuit, "Ultimately, Hassan's father arrived. He demanded that Hassan be un-handcuffed. The officers did not immediately comply, instead leaving Hassan handcuffed while insisting on talking to his father and only later removing the handcuffs."The lawsuit claims La Mesa police officers unnecessarily and unreasonably handcuffed and subdued Hassan solely because of his disability.McBride said Hassan was born with Down syndrome and is largely non-verbal. He said the incident traumatized Hassan."His behavior and overall demeanor after the incident took a real turn for the worst," McBride said. "For days he would just cry for no reason, he started wetting the bed, and probably the most pronounced was his fear of the police. He's terrified of police now."The La Mesa Police Department and city manager did not respond to 10News’ request for comment on the allegations in the lawsuit.ABC 10News also requested the department's policies and procedures when it comes to handcuffing children and responding to calls with people with disabilities. ABC 10News also asked the city for a list of officers who responded to the incident and any body-worn camera video.McBride said he's asked the La Mesa Police Department for body-worn camera video from the incident but was told all the footage had been deleted except for one clip which he was not provided.In an email to ABC 10News, the La Mesa-Spring Valley School District assistant superintendent for business services wrote, "I can assure you that our teachers and administrators care deeply about our students with special needs. The district's policy is not to comment on issues related to pending litigation."The La Mesa Police Department reached out to ABC 10News after this story published and issued the following the statement:On August 29th, 2019, at approximately 9:14 AM, the La Mesa Police Department received a request for assistance from staff members at Murray Manor Elementary School. The reporting party stated that an 11-year-old student with Down’s Syndrome had removed all of his clothing and was attempting to run away from the campus. The reporting party further related that the student had a history of being aggressive and violent. Staff members were using their bodies to attempt to create a barrier to prevent the student from running farther from campus.When officers arrived approximately 5 minutes after being dispatched, the student was located at the corner of Jackson Drive and El Paso Street, which is a heavily traveled intersection. The student, who was still nude and weighed approximately 230 pounds, was not complying with directions from the officers or school staff. The officers on scene were concerned that the student would endanger himself by running into the street, so he was placed in handcuffs for his own safety and to provide a level of control. The student resisted being placed in handcuffs by flailing his arms, so a total of three officers, one to hold each arm and a third to apply the handcuffs, were required to safely accomplish this task. An item of clothing was immediately used to cover the student while his shorts were located. Officers then assisted school staff in getting his shorts back on.The student’s parents arrived a short time later and he was released to their custody. There were no injuries or criminal charges. The entire call, from dispatch time to disposition, was just under 30 minutes. The student was detained by officers, for his own and others’ safety, for approximately 20 minutes. 5651

Did you know you could get paid to take pictures of pretty sunsets this summer?Thanks to Days Inn by Wyndham, people have the opportunity to get paid for taking pictures through their summer 'sunternship.'Days Inn is seeking someone to gather photos from America's sunniest cities for a month-long internship. The photos will be displayed on their website, social media accounts, and in their hotels. The request goes perfectly with the company's well-known sunset logo. The job comes with several perks including a month of travel, a ,000 stipend, paid travel expenses, and hotel Diamond status. Additionally, you'll gain exposure for your pictures when they're featured and a personal recommendation from Wyndham Hotel Group's executive vice president and chief marketing officer, Barry Goldstein. Applicants must be at least 21 years old. Apply via email by May 20. Click HERE for more information. 932

EDGEWOOD, Kentucky — A St. Elizabeth Healthcare thoracic surgeon is inviting the world to witness a complex lung cancer surgery via Facebook.Kentucky has the highest rate of lung cancer in the country, and Dr. Royce Calhoun is using the surgery as an educational experience by talking to viewers about lung cancer and what it takes to treat patients. 358

Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, said on Tuesday that he will celebrate his 80th birthday virtually through a Zoom call.Fauci turns 80 on Thursday, and has been working long hours as the federal government’s leading infectious disease expert amid the coronavirus pandemic. In an interview with CNN’s Wolf Blitzer, Fauci said he normally spends his birthday with his daughters.With the coronavirus pandemic still spreading through the US, Fauci will only be spending the milestone in person with his wife.Fauci’s birthday comes one day before Christmas. He is following the type of advice he has been giving to Americans amid the holidays. The US is averaging more than 2,500 coronavirus-related deaths and is still battling a surge spurred by Thanksgiving gatherings.“I am going to practice what I am preaching to my fellow Americans in this country,” Fauci told Blitzer. “I am going to do something that is quite modified from what I had done traditionally. I am going to have a quiet dinner in my home with my wife. I would love to have my three daughters who are on different parts of the country, different states that would have to fly in for the most part. We are going to do a Zoom together. We are going to be talking to each other and toasting each other.”Fauci cautioned that people should avoid traveling during the holidays.“This type of travel is risky,” Fauci said. “Particularly if people start congregating, when they get to their destination in larger crowds in indoor settings, I'm afraid that if in fact we see this happen, we will have a surge that's superimposed upon the difficult situation we are already. And so it could be a very difficult January coming up. If these things happen.”In the District of Columbia, Thursday has been proclaimed “Dr. Anthony S. Fauci Day” by mayor Muriel Bowser.“We are incredibly proud to count Dr. Fauci among the many DC residents who are sacrificing so much to keep our communities healthy and safe,” Bowser said. 2036