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SAN DIEGO (CNS) - An alleged drunken driver was going 121 mph when he caused a fiery freeway pileup that killed two men and seriously injured a woman on Interstate 15 last year, a prosecutor told jurors Tuesday, but a defense attorney claimed an off-duty San Diego police sergeant is actually to blame for the deaths.Jeffrey Brian Levi, 39, is charged with murder, gross vehicular manslaughter while intoxicated, hit-and-run and drunken driving, for the Jan. 2, 2018, deaths of 33-year-old Jesus David Dominguez and 19-year-old Isaac Felix, who were burned to death inside a Toyota Corolla that was struck at about 11:45 that night in the fast lane of northbound Interstate 15 near Miramar Road.Giovanna Dominguez -- Jesus Dominguez's sister and Felix's girlfriend - - was also a passenger in the Corolla. She survived but sustained broken bones and burns across her body.RELATED: Suspected drunk driver facing murder charge in fiery crash that killed twoDeputy District Attorney Andrew Aguilar told jurors in his opening statement of Levi's trial that the defendant rear-ended the Corolla, then walked away from the crash scene unscathed.The Corolla was left disabled in the fast lane with no lights on, its three occupants "sitting ducks" for an ensuing crash, Aguilar said.A short time later, a Ford Explorer driven by off-duty San Diego police Sgt. Raymond Rowe then struck the Corolla, which burst into flames and left Dominguez and Felix trapped inside the burning wreckage, while bystanders pulled Giovanna Dominguez out.The Ford Explorer overturned, coming to rest upside down, and Rowe was treated for minor to moderately serious injuries.Aguilar alleged that about three hours after the crash, Levi had a blood-alcohol content of 0.16%, which is twice the legal limit.Levi, who was charged with murder due to a 2007 misdemeanor DUI conviction, faces 40 years to life in prison if convicted.Defense attorney Amanda Waddle alleged that Rowe was "an unreasonable and negligent driver" who should be held liable for the deadly wreck. According to Waddle, Rowe was speeding, failed to wear his prescription glasses and was looking in his rearview mirror at the time of impact.Aguilar noted that Rowe often used his rearview mirror to spot anyone who might be trailing him from the police station to his home, a risk that Rowe potentially faced as a member of the department's gang unit.In addition to not paying attention, Waddle said that Rowe failed to use evasive maneuvers that were part of his police training."This was the direct result of that secondary, very violent crash where Sgt. Rowe was not paying attention to the roadway in front of him," Waddle said.The defense conceded that Levi was driving too fast in connection with the initial crash, but said "thankfully" there were no significant injuries as a result.Giovanna Dominguez -- who was expected to testify Wednesday -- did indicate during a preliminary hearing earlier this year that no one was injured as a result of the initial crash. She testified at the previous hearing that her brother and Felix remained strapped into their seats while trying to contact authorities, but she undid her seatbelt because she wanted to get out of the car and was afraid of being struck again. 3262

SAN DIEGO (CNS) - An SUV struck and killed a 63-year-old woman as she was crossing a street in the Talmadge area, police said Tuesday.It happened around 5 p.m. Monday in the 4600 block of El Cajon Boulevard, between 46th and 47th streets, San Diego police Officer John Buttle said.A 79-year-old man was driving a 2008 Lexus SUV westbound on El Cajon Boulevard near Menlo Avenue when he struck the pedestrian as she was attempting to cross El Cajon Boulevard southbound outside a crosswalk, Buttle said.The woman was trapped under the SUV before crews freed her and took her to a hospital, where she was pronounced dead, the officer said. The victim's name was withheld pending family notification.The SUV driver remained at the scene and intoxication was not believed to have been a factor in the crash, Buttle said. 824

SAN DIEGO (CNS) - A local realtor who molested two underage girls apologized to his victims during a court hearing Friday, while those speaking on behalf of the victims said they could take solace in the fact that he will likely spend the rest of his life behind bars.Donald Edward Hickey, 62, pleaded guilty last month to five felonies, including lewd and lascivious acts with a child and possession of child pornography for material investigators found on three separate devices.Hickey was initially set to be sentenced to a 25-years-to-life term on Friday, but the hearing was postponed until Sept. 6 so that an interview can be conducted for his probation report, which could affect his future in-custody housing considerations.Prosecutors did not disclose how Hickey knew the victims, but according to Deputy District Attorney Stephen Marquardt, the molestations occurred sometime between 2009 and 2012 in San Diego County. Hickey was arrested last year following a cyber tip sent to the National Center for Missing and Exploited Children.The former Clairemont resident, who worked as a real estate agent out of La Jolla, was found to have ``thousands'' of videos and images of child pornography in his possession, some of which depicted Hickey abusing children.``This defendant not only preyed on these children, but he also memorialized what he did so that he could retain a copy of the real-time abuse of those children,'' Marquardt said.Hickey's attorney, Danielle Iredale, said Hickey was molested by a local man in his neighborhood when Hickey was between the ages of 10 and 12.Hickey told those in attendance, ``I'm sorry for everything that's happened. I take responsibility for it and I hope they do heal from it.'' Despite the postponed sentencing, victims were allowed to speak Friday in case they could not attend Hickey's sentencing next month.One of the girls, identified in court only as Jane Doe 2, said she was working to put the experience behind her, and was working on forgiving Hickey, though ``I am conflicted,'' she said. ``Because I don't know how you came to be the way you are and feel sympathy for your sickness. She said she was nervous about speaking at the hearing, but would regret it if she didn't.``No teenager should be in a situation where they sit down and think about what they're going to say to a pedophile,'' Jane Doe 2 said. ``No parent should have to decide whether or not to tell their child that they have been assaulted. I hate that you put my family in that position.''Jane Doe 1 did not attend the hearing. Her older sister told Hickey that she wanted to attend, but ``was absolutely terrified to see your face.'' The mother of Jane Doe 1 said she ``screamed and cried in absolute agony and devastation'' when she discovered what had happened to her daughter, who she said still suffers from nightmares and trauma, according to her mother.``To find out the ugliness and deception of what you had been doing with my child is almost more than I can bear,'' she said.Hickey will remain in custody without bail until his sentencing hearing. 3096

SAN DIEGO (CNS) - County supervisors Wednesday approved a master plan update for the McClellan-Palomar Airport in Carlsbad, which includes extending the runway 800 feet.The 4-0 vote also approved environmental reports associated with the upgrade.Board Chairwoman Kristin Gaspar abstained, saying her family's company owns property near the airport.According to a county presentation, the Carlsbad-based airport accommodates commercial, corporate and private flights.However, the airport is not able to accommodate Boeing 737 planes. The runway extension ranges between 370 and 800 feet.By 2030, it will support 4,600 jobs and generate over 0 million in business-related revenue, million in taxes, the report said.The total upgrade would cost 2 million, with the county paying million; while the federal government would take care of the rest, according to the county. The project would be built in phases completed between 13 and 20 years.County officials said there will be steps to mitigate traffic, construction noise and any environmental impacts.Before voting, supervisors heard from supporters, many from the area business community.Paul Hook, president of California Pacific Airlines, said his company has already sold 1,000 tickets for departures from McClellan in the near future.Several members of the group Citizens for a Friendly Airport spoke in opposition, citing environmental hazards and noise pollution as reasons why a runway expansion isn't needed.Hope Nelson, representing the group, said it's better to keep McClellan-Palomar as a basic transport airport. 1598

SAN DIEGO (CNS) - A woman accused of causing the death of a 74-year-old man in her care by withholding food from him over the course of several years was ordered to stand trial today on murder and other charges that could have her facing life imprisonment.Shirley Montano, 52, is accused of causing the Oct. 7, 2016, death of Robert Chagas, who died at Sharp Memorial Hospital of pneumonia, which prosecutors argue was exacerbated by severe malnutrition. Montano is additionally charged with kidnapping, elder abuse, false imprisonment, identity theft and perjury for allegedly limiting meals and keeping Chagas and an elderly woman essentially captive at the defendant's apartment, while spending the senior citizens' Social Security benefits for personal use.Deputy District Attorney Rebecca Zipp said the weight of both Chagas and the woman, Josefina Kellogg, ``plummeted once in (Montano's) care.'' Chagas was ``emaciated'' when he was brought into the hospital, where he died five days later. Montano, who allegedly posed as his niece, told medical personnel that Chagas did not wish to be resuscitated, according to testimony. Chagas' family members were only notified of his hospitalization after his death, they testified. ``She took on the duty of care and responsibility for his well-being, and that care fell so woefully short that he died in part due to inadequate nutrition,'' Zipp told San Diego County Superior Court Judge Esteban Hernandez at the conclusion of the week-long preliminary hearing.The prosecutor alleged that Chagas and Kellogg were kept isolated from others who lived with Montano and confined to their respective bedrooms. Montano's niece, who stayed with the defendant for about a year, said that for the first month she lived at her aunt's apartment, she was not even aware Kellogg existed because the woman would hardly ever emerge from her bedroom.Others who resided at Montano's apartment or visited the home were offered various explanations for Chagas and Kellogg's presence, including that Kellogg was Montano's sister or Chagas' wife, according to testimony. Kellogg testified that she stayed in her bedroom for several hours each day and feared angering Montano, who would hit her if she did not obey the rules of the house.Zipp said that Kellogg ``had no agency'' and would not even eat without Montano's permission, even when the defendant was in custody. Following Montano's arrest, she phoned her downstairs neighbor from jail and asked her to go into her unit to bathe Kellogg. The neighbor testified that she was reduced to tears upon seeing Kellogg's skeletal figure, and that the senior would not leave the apartment until the neighbor lied and said she had called Montano and received her permission. Kellogg also did not allow the had called Montano and received her permission. Kellogg also did not allow the to strike Kellogg -- because she feared moving the utensil might anger Montano, the neighbor testified.Zipp alleged that while keeping the seniors under her thumb, Montano spent their monthly benefits for personal purposes such as a new truck and frequently gambling their funds away at local casinos.``There is one person whose needs and wants she considered, and that are those of the defendant,'' Zipp said. Montano's attorney, Shannon Sebeckis, argued there was no evidence that Chagas' malnutrition was caused by Montano, and was not the natural result of aging. Sebeckis reiterated the testimony of San Diego County Chief Medical Examiner Glenn Wagner, who declined to classify Chagas' death as a homicide. Wagner said Chagas was not getting sufficient food, but he could not opine as to why, only that it appeared to be due to non-medical factors.No calls were made by family or medical professionals to Adult Protective Services in Chagas' case, which also contributed to Wagner's opinion not to classify his death as a homicide, the doctor said. While evidence was presented that Chagas once told a doctor that his weight loss was due to not having enough money for food, Sebeckis said this was not proof that Montano was taking his money or withholding food, especially in light of Chagas' issues with handling his own finances. Chagas' family members testified that an accident that occurred at childbirth had left him ``slow,'' as his brother Richard described it, and that throughout his adult life, Chagas was susceptible to being scammed and had lost exorbitant amounts of money to fraudsters in the past, leading family members to take an active role in assisting him with taxes and paying bills.Sebeckis argued there was little direct evidence that Montano didn't feed the seniors, as plenty of her past roommates said they had seen her providing food for Chagas and Kellogg. The attorney also said Chagas was not confined at all, and regularly left the apartment each day for his janitorial job at Sea World, which he attended with a sack lunch prepared by Montano each day.Sebeckis said it was ``pure speculation and conjecture'' that Montano didn't use the seniors' funds to pay for their basic needs. Hernandez said the murder charge was the most difficult for him to rule on, but said that the totality of circumstances held Montano culpable in Chagas' death, saying the seniors ``basically wasted away while in her care.''Montano is being held on million bail and will return to court April 11 for a Superior Court arraignment. 5423

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