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SAN DIEGO, Calif. (KGTV) - A new California law could let convicted killers out of prison, and San Diego County's district attorney said her office will fight it on a case-by-case basis.Senate Bill 1437 passed the state Legislature last year and went into effect on January 1. It narrows the definition of murder so that only people who are involved in a killing can be charged with that crime.Before the law, accomplices in a killing could also have been charged with murder."It may let murderers go free, because of how far it goes," said San Diego County District Attorney Summer Stephan.Stephan said her office will challenge some re-sentencing hearings based on the new law, although she said they don't know how many there will be.One possible case involves Kurese Bell, who He as convicted of murder in 2016 for his role in the robbery of a North Park marijuana dispensary.During the robbery, Bell and another man, Marlon Thomas, got into a shootout with a security guard at the dispensary. The guard shot and killed Thomas.The DA's office argued that Bell should face murder charges because his actions in the robbery led to the shootout and, ultimately, Thomas' death.Bell is currently serving a 65-year-to-life sentence.Stephan said criminals need to be held accountable for the crimes they commit and cause."It's really important that each offender is held culpable at the right level," she said. "That's what justice is about."Supporters of the new law say it is a vital part of California's efforts at criminal justice reform. They say the old law unfairly targeted young minorities.On its website, the group Restore California says the new law makes sentencing in California more "equitable." They also say it gives accomplices an incentive to cooperate with investigators."In a co-defendant felony murder case, co-defendants who were not the actual killers, who did not aid and abet the killing, or who did not act with reckless indifference to human life will now have an incentive to talk and tell the truth about what happened," the website reads. 2073

SAN DIEGO, Calif. (KGTV) - With election results ready to come out, Downtown San Diego businesses are bracing for protests. Many business owners in the area say the memories of damage when peaceful protests escalated at the end of May are still fresh, so they boarded up windows as a precautionary step, hoping it turns out to not be needed.Related: Looters smash windows, rob stores in downtown San DiegoAldo Broussard owns Carter’s Diamonds, a jewelry store in a jewelry exchange building that houses dozens of jewelry shops and professionals. He said they boarded up the windows at their business in May and during that time saw damage to surrounding buildings, so they boarded up windows again ahead of the election. He said they took that step to protect the small-business owners inside the facility.“There’s a lot of jewelers in here who have basically all their life savings, all their work, all their tools and without it they can’t make a living so it’s more for protection for everybody in the building,” said Broussard.Broussard added that he doesn’t expect protests to cause damage, but would rather be safe than sorry.“I think overall people are good so I think it’s going to be okay. There might be a few who take advantage of the situation but I think overall it’s going to be fine,” he said.Nearby, Sushi 2 restaurant is another small business bracing for protests or unrest this week. Kuniko Holmes is the owner and said she boarded up her windows in June after receiving some damage during downtown protests. She ended up leaving the boards up through the summer because of uncertainty of the future and also because she knew November could be a stressful month when she would have to board up again.“I wanted to make sure so I don’t have to put it up and down and up and down because it’s work for people and also it costs. As a small business like we are, even putting the board up made it expensive,” she said.Indoor dining was also not allowed during that time, so she ultimately decided that if the boards would be staying up through most of the year, she would make them visually appealing.“We decided to ask local artists to put some great art as you see and it changes the dynamic of how it looks and it just looks so inviting,” she said, referencing the peace signs and hearts painted on the boards.Other downtown businesses that boarded up windows ahead of the election include Ralphs, CVS, 7-eleven and the Church of Scientology.San Diego County law enforcement agencies said they are not aware of any planned protests or possible unrest, but have extra staffing just in case. 2614

SAN FRANCISCO (AP) — Oakland on Tuesday became the second U.S. city to decriminalize magic mushrooms after a string of people shared how psychedelics helped them overcome depression, drug addiction and post-traumatic stress disorder.The City Council voted unanimously to decriminalize the adult use and possession of magic mushrooms and other entheogenic, or psychoactive, plants. Denver voters approved a similar measure for people 21 and older last month.Speakers overwhelmingly supported the move, describing substances like peyote as traditional plant-based medicines. One man who described himself as a former heroin addict said such plants saved his life. Some offered mystical descriptions of the hallucinogens as providing spiritual healing.The vote makes the investigation and arrest of adults who grow, possess, use or distribute entheogenic plants one of the lowest priorities for police. No city money could be used to enforce laws criminalizing the substances, and the Alameda County district attorney would stop prosecuting people who have been apprehended for use or possession.Council member Noel Gallo, who introduced the resolution, had said decriminalizing such plants would enable Oakland police to focus on serious crime.Amendments offered by Council member Loren Taylor added caveats that the substances "are not for everyone," recommending that people with PTSD or major depression seek professional help before using them and that people "don't go solo" but seek expert guidance and have a trusted friend present during the use.The ordinance also directs the city administrator to come back within a year to provide the council with an assessment of the law's impact on the community."Entheogenic plants and fungi are tremendous for helping to enable healing, particularly for folks who have experienced trauma in their lives," Carlos Plazola, chairman of the advocacy group Decriminalize Nature Oakland, said before the council meeting. "These plants are being recommended pretty extensively undercover, underground, by doctors and therapists."The Oakland Police Department did not respond to emailed messages from The Associated Press seeking comment before the meeting. Alameda County Deputy District Attorney Teresa Drenick declined to comment.Magic mushrooms are still illegal under federal and state law. Entheogenic substances are considered Schedule 1 drugs under the federal Controlled Substances Act, which categorizes drugs that have potential for abuse and no medical value.Skeptics had raised concerns about unsafe use, especially in schools.To address such concerns, Gallo said, lawmakers would have to establish rules and regulations about the use of such substances, including what exactly can be used, how to use them and what the associated risks are.Entheogenic plants have long been used in religious and cultural contexts. Gallo remembers his grandmother treating his family members with plants, including entheogenic ones, for a variety of ailments."Growing up in the Mexican community, this was our cure," Gallo said.Hemp oils, mushrooms and yerba buenas — an aromatic plant known for its medicinal properties — "that was our Walgreens. We didn't have a Walgreens. We didn't have a way to pay for any drugs. These are plants we have known for thousands of years in our community and that we continue to use." 3363

SAN DIEGO, Calif. (KGTV) - A ceremony to remember those Missing in Action (MIA) and Prisoners of War (POW) was held on the USS Midway Saturday morning. POW/MIA recognition happens every September to pay tribute to those still missing.There are still 82,000 missing Americans from World War II, Korean War, Vietnam War and the Cold War. The National League of POW/MIA Families was formed to help recover and identify remains. To date, they have helped identify more than 1,000 people.Related: After nearly 77 years, remains of an Indiana Marine are coming homeAnne Mills-Griffiths is the chairman of the board and CEO of the group. Her brother was lost in Vietnam in 1966, then more than 50 years later, his remains were found and brought home.“Our nation has an obligation to stand behind the people who served our country and that includes past present and future,” said Mills-Griffiths. 896

SAN DIEGO, Calif. (KGTV) - With car horns blaring, cellphone video captured a fight breaking out at a busy intersection in San Diego near Montgomery High School.The incident played out at Palm Avenue and Beyer Way - just feet from the high school - as school let out Friday afternoon. In the crosswalk, there was a flurry off punches. A teen in a hoodie is recorded battering another student on the ground. Some other teens joins the fray and more punches are traded."It's stupid. Why have a fight so dramatic like that? It could cause a car accident," a student told 10News. We are not naming the student at the request of their family.The student doesn't know what sparked the fight, but says those involved were juniors. The student told 10News this was the third big fight on campus this year. "Just make us look bad. Students should set a good example for our school," the student said.There were no accidents, but some of those drivers did get out of their cars. A witness tells us some tried to stop the fight. In the now-viral video, a crowd of people spill across the crosswalk. The melee lasted more than 20 minutes before it broke up. Police arrived but did not make any arrests.Janet Paz, a mother of two students at the school, says it sends a bad message."Makes me feel worried that kids aren't safe in school," said Paz.A spokesperson with the Sweetwater Union High School District says they believe they've identified the three-to-five students involved and are mulling possible discipline. Part of the investigation will include determining the cause of the fight and addressing any campus-wide issues. 1628