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VISTA, CA (KGTV) — The man accused of intentionally driving a U-Haul van into a crowd of people outside of an Encinitas bar, pleaded not guilty to serious charges in a Vista courtroom Wednesday.Christian Davis, 28, stood next to an attorney with his head down as he was formally charged with two counts of attempted premeditated murder, three counts of assault with a deadly weapon, and one count of felony driving under the influence of alcohol.Deputy District Attorney, Kim Coulter, said the incident early Sunday morning started at the Saloon and Shelter bar when Davis was kicked out.RELATED: Video shows driver slamming into crowd outside Encinitas bar"He was asked to leave because he was highly intoxicated and it was time for him to go," said Coulter.Once he was kicked out, Coulter said he got into a verbal argument with two bouncers, then threatened them."It escalated and culminated with Davis telling the security guards 'you're going to regret doing this, I’m going to come back and I’m going to kill you,'" she said.Moments later, witnesses saw the U-Haul heading for a crowd of people standing outside of the bars.RELATED: Man arrested after driving into crowd outside Encinitas barThe incident was captured on a passerby's dash cam video."He reversed out of a 7-Eleven and he came barreling down a sidewalk in front of Shelter bar, right into a crowd of people," said Coulter. "It’s our position that he used the U-Haul passenger van as a deadly weapon."Good Samaritans rushed to hold Davis in place until deputies arrived and arrested him. Sadly, two men who were outside of the bar at the wrong time were seriously hurt."A 25-year-old victim has had a severe injury to his leg, he’s had his third surgery today," said Coulter.The other victim, a 24-year-old, was also left hospitalized with severe injuries."He has two collapsed lungs, fractured ribs, a broken arm and he did spend time in the ICU," she said.Bail was set at million. If Davis is released on bail, he will wear an alcohol monitoring bracelet.He is due in court for a preliminary hearing on March 17. 2095
WASHINGTON — The Republican-led Senate has voted to advance Supreme Court nominee Amy Coney Barrett toward final confirmation despite Democratic objections. Barrett’s confirmation on Monday is hardly in doubt, with the majority Republicans mostly united in support behind President Donald Trump’s pick. But Democrats are poised to keep the Senate in session into the night in attempts to stall, arguing that the Nov. 3 election winner should choose the nominee to fill the vacancy left by the late Justice Ruth Bader Ginsburg. Republicans are excited by the chance to install a third Trump justice on the court, locking in a conservative majority for years to come. 673

WASHINGTON (AP) — Democratic presidential nominee Joe Biden is assembling a team of top lawyers in anticipation of court challenges to the election process that could ultimately determine who wins the race for the White House. The legal war room will work to ensure that elections are properly administered and votes correctly counted. It will also combat voter suppression at the polls, identify foreign interference and misinformation, and educate voters on the methods available for casting ballots. The effort reflects the extent of the preparation underway for an already divisive presidential contest in November that could produce significant court cases over voter access and the legitimacy of mail ballots. 723
WASHINGTON — A new poll finds that only about half of Americans are ready to roll up their sleeves for COVID-19 vaccines, even as states frantically prepare to begin months of vaccinations that could end the pandemic. The survey from The Associated Press-NORC Center for Public Affairs Research shows about a quarter of U.S. adults aren't sure if they want to get vaccinated when their turn comes, and roughly another quarter say they won't. The Food and Drug Administration is poised to decide in the coming days whether to allow emergency use of two candidates, one made by Pfizer and the other made by Moderna. 621
VISTA, Calif. (KGTV) -- The San Diego District Attorney is expected to decide later this week whether there should be a new trial in the case of Kellen Winslow Junior.Tuesday morning, the judge declared a mistrial after the jury said it was deadlocked on eight remaining counts. The counts include kidnapping, forcible rape and forcible oral copulation involving a hitchhiker last year in Encinitas and forcible rape and rape of an unconscious person for an alleged attack on a teenager at a party in Scripps Ranch back in 2003 when she was 17 and Winslow was 19. The other counts the jury deadlocked on are willful cruelty to an elder and battery against an elder. The prosecutor said the jurors were leaning toward conviction. "On each one of the counts, there were a majority of jurors who voted in favor of guilt. They voted 10-2 in favor of guilt on forcible sodomy of Jane Doe 2. They voted 10-2 in favor of guilt for the forcible rape of Jane Doe 4. They voted 10-2 in favor of guilt on the counts of elder abuse and elder battery regarding Jane Doe 5 and then they voted 8-4 in favor of guilt on the rape of an unconscious person for Jane Doe 4 and they voted 7-5 in favor of guilt on the kidnap for rape, forcible oral copulation and and forcible rape of Jane Doe 1," said Prosecutor Dan Owens. Defense attorneys said the deadlocked jury shows there were credibility issues among the accusers. RELATED: Winslow II found guilty of rape, lewd conduct, indecent exposure"Credibility is the issue in this case. There was no corroborating evidence whatsoever, it's just people's word," said defense attorney Brian Watkins. The case involved 12 counts and the testimony of 5 women."We were always concerned about trying the cases together. Our position was always that these cases would not be able to stand alone. We fought to keep the cases separate. We lost that battle. We took on all these cases at once and we still prevailed to the point that we did not get convicted of everything and we have more litigation to do," said Watkins. Monday afternoon, the jury convicted Winslow of raping a 58-year-old homeless woman in Encinitas last year. Jurors also found the former NFL tight end guilty of indecent exposure and lewd conduct involving two other women. He was acquitted of a second count of lewd conduct involving one of those women. Watkins said they'll appeal the three convictions. "We won't be satisfied until he's exonerated and he's back home with his family," said Watkins. RELATED: Jurors request clarifications from judge as Winslow deliberations continueWinslow is facing 9 years in prison on the convictions, but if he had been convicted of raping more than one woman he could've been sentenced to life in prison. "Right now, he's facing eight years in state prison, life time sex offender registration for the forcible rape of Jane Doe 2. He'd be facing an additional 6 months for each 1 of the misdemeanor counts of indecent exposure and lewd acts committed against Jane Does 3 and 5, for a total of potentially 9 years in prison," said Owens. Sentencing is on hold until a decision is made about a new trial. Winslow's father, Kellen Winslow Senior, a Chargers Hall of Famer attended every day of the trial, but declined to talk to the media. A hearing is scheduled for 10 a.m. Friday on setting a new trial. "Ten jurors did feel very strongly that he had committed forcible sexual offenses against more than one victim, that would lead to a lifetime prison term and that will be another factor we will consider very strongly in determining how to proceed with the case," said Owens. 3618
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