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SAN DIEGO (CNS) - A drunken driver who went the wrong way and crashed head-on into another car in 4S Ranch, killing the other driver, was convicted Wednesday of gross vehicular manslaughter while intoxicated and DUI causing injury.Jurors deadlocked on a second-degree murder count against Alexandria Bayne, but will return Thursday to resume deliberations in hopes of reaching a consensus. The 37-year-old defendant was charged with murder due to two previous DUI convictions from 2005 and 2008.The panel deliberated two days before returning the vehicular manslaughter and DUI verdicts, and acquitted Bayne of four child endangerment counts involving allegations that she drove drunk earlier in the day while her children were riding in her minivan.RELATED: Fatal 4S Ranch DUI suspect breaks down in tears when husband testifies in hearingOn Thursday, the jury will hear a read-back of closing arguments and receive clarifications on the legal definitions of certain terms such as "intentionally" and "deliberately," which were cited as a source of contention in jury notes submitted to San Diego County Superior Court Judge Robert F. O'Neill.Sarita Shakya, a 38-year-old Scripps Mercy Hospital nurse, was heading home from work the afternoon of Dec. 17, 2016, on Camino Del Norte when her car was struck head-on by the defendant's vehicle.Deputy District Attorney Cally Bright told jurors in her opening statement that Bayne had been drinking alcoholic beverages throughout the day, starting that morning. The defendant and her attorney conceded she'd been drinking but was not drunk when she was behind the wheel. Though she testified that she had eight drinks throughout that day, she told the jury she simply made a mistake when she turned into opposing traffic lanes on Camino Del Norte.RELATED: Tears at preliminary hearing in suspected DUI fatal crashBayne's attorney, Michelle Hunsaker, contended that Bayne made that mistake because she was distracted by family issues, as well as her cell phone.Prosecutors said her blood alcohol content was measured at between .32 and .33% -- the legal limit is .08% -- after the crash.Hunsaker disputed that testing result, saying Bayne's alcohol consumption "just doesn't line up" with the .33% BAC alleged by the prosecution. She also said Bayne had encountered several people throughout the day and did not appear intoxicated.RELATED: Woman killed by suspected drunk driver in 4S Ranch identified"We are not discounting the magnitude of the loss of Ms. Shakya and take full responsibility for that collision. But distraction does not equal murder," Hunsaker said.Shakya's husband, Peter Chen, testified that his wife typically returned home sometime after midnight each night following her shift at the hospital. When she didn't show up, he called her supervisor, who didn't know why Shakya might be late.Hours later, he received the bad news."I couldn't believe what had happened," Chen said, calling it "the worst day of my life." 2990

SAN DIEGO (AP) — The sole suspect in a fatal shooting at a Southern California synagogue pleaded not guilty to federal hate crimes and other charges Tuesday.John T. Earnest entered the plea a week after a grand jury returned a 113-count indictment that largely mirrors a complaint filed shortly after his arrest on April 27. The indictment added four counts of using and carrying a firearm during commission of a violent crime.Earnest's parents attended the brief hearing but did not seem to exchange eye contact with their 19-year-old son. The suspect spoke only once, to acknowledge his name.Two days after the shooting, the family said their son's actions "were informed by people we do not know, and ideas we do not hold.""To our great shame, he is now part of the history of evil that has been perpetrated on Jewish people for centuries," they said in their only public statement since the shooting.Earnest looked blankly ahead as one of his attorneys argued that shackles should be removed from his wrists, ankles and waist during the hearing. Peter Ko, a prosecutor, countered, "He tried to commit mass murder," and the judge, Michael Berg, denied the defense request.Earnest also faces charges of murder and attempted murder for the attack on Chabad of Poway on the last day of Passover. One person died and three were injured.He is being represented by public defenders. His family is not paying his legal costs.Both federal and state crimes make him eligible for the death penalty if convicted but prosecutors have not said if they will seek it. 1563

SAN DIEGO (CNS) - A flash fire at the Ballast Point Brewing Company kitchen in Miramar sent one person to a hospital Saturday.Just after 9 a.m., firefighters were alerted to a kitchen fire at the brewpub, in the 9000 block of Carroll Way, San Diego Fire-Rescue Department spokesperson Monica Munoz said.A man in his 40s had to be taken to a hospital for burns, though they were not considered severe, Munoz said.No one else was injured.The brewery announced on social media that it will be closed all day Saturday and open for normal business hours Sunday.The San Diego County Department of Environmental Health will need to be called in to inspect fire safety equipment that was used by the restaurant before it can re-open, Munoz said. 745

SAN DIEGO (CNS) - A former executive for an Orange County genetics company pleaded guilty today to a federal conspiracy charge for paying kickbacks to physicians.Donald Joseph Matthews, 50, formerly the vice president of market development for Proove Biosciences, admitted in San Diego federal court to paying doctors at least .5 million to order the company's DNA tests for their patients, according to the U.S. Attorney's Office.In total, the U.S. Attorney's Office said Proove billed around million to the Medicare program for the tests -- which the company alleged could determine a patient's risk of drug addiction -- and received around million in reimbursements.Prosecutors said the company claimed the payments were compensation for participation in a clinical research program, but the money was actually "directly tied to the volume of tests that a doctor ordered and whether a doctor continued to order more tests from Proove over time.''In his plea agreement, Matthews admitted that without the financial compensation, ``most doctors were not interested in ordering Proove's tests for their patients.''Doctors who complained about not being paid were told to order more tests, according to the U.S. Attorney's Office.The company's Irvine headquarters was raided by federal authorities in 2017.``Our nation's healthcare system cannot tolerate kickbacks to physicians while criminals line their pockets with taxpayer-funded healthcare dollars, particularly in light of our nation's current struggles with the COVID- 19 pandemic,'' said Acting Special Agent in Charge Omer Meisel of the FBI's San Diego Division.Matthews is scheduled to be sentenced Oct. 26. He faces a maximum penalty of five years in prison and a 0,000 fine, according to the U.S. Attorney's Office. 1798

SAN DIEGO — Some parents are keeping their children out of school Tuesday to protest the San Diego Unified School District’s sex education curriculum.A group of parents say the district’s Sexual Health Education Program (SHEP) is too graphic and not age-appropriate for their students, and they are urging district officials to eliminate the program.The parents have taken their concerns to the district’s School Board, but they said board members refuse to replace the curriculum.District officials said students can opt out of the course, but parents want the images they consider graphic gone.Ashley Bever, a substitute teacher who is organizing the one-day protest, said she was surprised to see all of the materials student had access to.“I thought a 6th grade teacher did not write this. Where it did come from? Why is it so explicit? Why is it telling kids they have sexual rights apart from their parents?” Bever said.The group is scheduled to hold a rally at the district’s office in University Heights at 4 p.m., just before the School Board’s meeting. 1075