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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 latest ABC News national polling average shows former Vice President Joe Biden leading President Donald Trump by 8 points.But a lot of people are wondering, can we trust the polls after what happened in 2016?The last time Donald Trump was on the ballot in 2016, the polls had him trailing former Secretary of State Hillary Clinton by an average of 3.2 percentage points, and we know what happened.However, pollsters weren’t off by as much as you might think.“At the national level, the polling was, remarkably, given all things, precise,” said Jay Leve, CEO of the polling firm SurveyUSA.Trump lost the popular vote by 2.1 points instead of 3.2, the most accurate these national polls had been in 80 years, according to an analysis by the American Association for Public Opinion Research.Where the polls did miss badly was at the state level, particularly in Pennsylvania, Michigan and Wisconsin, three states that were critical in the Electoral College.Leve said there were several reasons for the polling problems at the state level.“Polling is a very expensive undertaking and so it is not possible for the handful of media organizations with pockets deep enough to afford a public opinion poll to be able to poll in every critical battleground state,” he said.Another reason? “Some of it has to do with what’s called ‘weighting,’” he added.To understand weighting, you have to know the two R’s of a good poll: it needs to be representative and random.Random samples are critical to the accuracy of polling, and you can look to your kitchen for an example why. Picture adding salt to a soup. If you mix it right, you can check the taste with any one spoonful -- you don’t have to eat the entire pot. That’s because each spoonful is a truly random sample.If you don’t mix the salt in, you could easily wind up sampling a part of the soup without any salt.When you’re trying to sample the American public with a political poll, either over the phone or most of the time now online, it’s more challenging to get a perfectly random spoonful.“The challenge is to find the individuals in the right numbers and secure their cooperation. Those two things don’t automatically work in sync,” Leve said. “People don’t want to be disturbed. They want privacy and a pollster by definition is an interruption.”It turns out, certain people tend to resist taking polls, while others are more willing. Research shows people with college degrees are more likely to respond to surveys than high school grads.That means surveys run the risk of not being representative of the voter population at large, and Leve said that kind of imbalance played a big role in 2016.To make a sample representative, pollsters gather up as many responses as they can, then adjust them with a process called weighting -- basically boosting or shrinking responses from people with certain demographics to match census data and the expected turnout.“The weighting criteria that was in issue in 2016 was whether you had enough non-college educated white voters in your sample,” Leve said. “If you did, you got the Trump forecast correct.”State polls that didn’t weight by education level missed badly, because to an extent far greater than in previous elections, voters with a college education broke for Clinton while voters with a high school education backed Trump.There’s some evidence that pollsters have learned from their 2016 mistakes. Polling in the 2018 midterms was very accurate -- a full point better than the average over the last 20 years.So can we trust the polls this time around?Leve says yes, as long as you remember that polls are just a snapshot in time and Donald Trump is difficult to predict.“Don’t be surprised if something happens in the final four, five, six days of the election, right before November 3rd, that’s so unforeseeable that neither you nor I nor anyone watching us could have imagined. And if so, that’s going to throw all the polls off,” he said. 3979

SAN DIEGO (KGTV) — Sunday, San Diego County health officials reported 568 new coronavirus cases and three new community outbreaks, including one at a preschool.The county's new cases were out of 8,943 reported tests, a 6% positive rate, and brought the region's total to 23,682 cases.The three new community outbreaks were reported in a restaurant/bar, in a manufacturing facility, and in a preschool, the county said. In the past week, the county has reported 16 community outbreaks — more than double the trigger of seven community outbreaks in seven days.SAN DIEGO COVID-19 CASE TRACKERThe county has said in the past it will not report where the community outbreaks are located, but says that in the past week there have been outbreaks reported:7/12: 07/13: 37/14: 47/15: 17/16: 27/17: 37/18: 3The three outbreaks reported on July 17 included one in a restaurant/bar, one in a gym, and one in a government setting; and the two on July 17 were both restaurants, according to the county.No new deaths from the virus were reported on Sunday, keeping the county's death toll at 478.Out of the county's cases, 9.3% have needed hospitalization. The county adds that 2.4% of all cases and 25.9% of hospitalized cases had ended up in the ICU.The county continues to fall short on case rate (157.2) and case investigation (7%) triggers. San Diego's case rate trigger is greater than 100 cases per 100,000 people over 14 days, while the trigger for investigations is 70% or less within 24 hours of notification over seven days.See the county's updated triggers dashboard here.San Diego County has remained on the state's monitoring list since July 3. 1652

SAN DIEGO (KGTV) - The California Senate will vote this week on a bill to add a surcharge to utility bills, with the money going to pay for damages caused by wildfires.Governor Gavin Newsom says he wants the bill on his desk to sign by Friday before the legislature takes its summer break.According to the text of Assembly Bill 1054, each utility company would have to "collect a nonbypassable charge from its ratepayers to support the Wildfire Fund." That money would go to pay for damages from wildfires caused by utility companies.But the fund can only be used if the utility companies comply with state safety laws and regulations.The bill also requires each electric company to file a wildfire mitigation plan with the state every three years, and update it yearly.Critics say it's nothing more than a tax, passing the responsibility of wildfire damage away from the utility companies and onto rate-payers."This is going to be a tax that will go on, who knows how long," says Richard Rider from the San Diego Tax Fighters. "Long after the utilities have buried their wires, long after the risk has dropped dramatically, the ratepayers will still be paying it."Rider says this bill would unfairly make people in low-risk areas pay into a fund that would only benefit people in high-risk areas.RELATED: PG&E equipment may have caused Camp FireAn SDG&E spokesperson says the company does not have an official position on AB 1054 but sent a statement to 10News saying:"We believe this bill is a good starting point for legislation to be enacted by July 12 to help address some of the legal, regulatory and policy challenges facing California, as the state grapples with the wide-ranging impact of catastrophic wildfires. We look forward to reaching a final agreement with the Governor and Legislature that meaningfully addresses the crisis posed by wildfires. Their sense of urgency in dealing with the situation is commendable."The bill will be in the Senate Appropriations Committee on Monday. It has already passed through the Assembly. 2052

SAN DIEGO (KGTV) -- The mother of a San Diego middle school student is begging for more answers from school administrators after she says other students threatened to shoot and stab her son. “I’m not willing to play Russian roulette with my kid’s life,” states Vanessa Flores. In a 10News exclusive, we interviewed her and her thirteen year-old son, Daniel, at their home on Tuesday. She says she pulled Daniel out of downtown’s KIPP Adelante charter middle school on Tuesday morning. It was two weeks ago when Daniel says he got in a fight with a couple of students. He says over their lunch break they were saying, “What are we going to do with Daniel? Are we going to jump him? Let’s jump him. Let’s bring the gun.” Daniel tells us he them heard one of them add, “The gun’s too much. Let’s bring the knife.” Vanessa showed us text messages that she says she exchanged with the school’s principal the night of the incident. She says she later met with administrators. “I just wanted the authorities to be contacted and made aware of the situation,” she adds. For days, she says her family could not get clear answers about any action the school was taking.  With tears in his eyes, Daniel described for us the anxiety he felt in the school hallways in the days following the alleged threats. “I’d think, what’s the next move? What are they going to do to me when I pass by the hallway? What do they have or what are they hiding?” “I’ve told [the school] that I’m in fear with the climate right now with all these shootings. Everybody’s talking about red flags. I’m giving [the school] the red flags on a silver platter. Please help me,” says Vanessa. On Tuesday, she says she picked Daniel up the from school after getting confirmation from school administrators that KIPP Adelante would not get the San Diego Police Department involved. She tells us she no longer felt safe keeping him on that campus. After picking him up from school, she says she took him to the San Diego Police Department to try to file a report. San Diego Police confirm with 10News that there was a misunderstanding that she was referring to a charter school and not a regular San Diego Unified School District (SDUSD) public school. She says SDPD sent her to SDUSD school police, which don’t handle investigations related to local charter schools. The SDUSD school police apparently sent her back to SDPD. SDPD confirms its officers took a report on Tuesday afternoon and now the juvenile service team is investigating the reported threats. On Tuesday afternoon, KIPP Adelante charter school principal Monique McKeown sent us the following statement. “Two weeks ago, we had an 8th grade student report that two of his classmates threatened to harm him with a weapon. We fully investigated the matter and found no credible evidence that the students in question threatened to use a weapon against their classmate. San Diego Unified Police Services confirmed that we handled the investigation appropriately. At KIPP we respond swiftly to all potential threats to student safety.” The referenced "San Diego Unified Police Services" is also known as SDUSD school police. A spokesperson for KIPP Adelante later clarified that SDUSD school police did not conduct its own investigation. Rather, it apparently reviewed and approved the school’s own investigation. The spokesperson for KIPP Adelante also reported that the teens who made the apparent threats are still students at the school. 3559