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SAN DIEGO (KGTV) -- An attorney for a man charged with killing a South Bay music producer told a jury that her client took steps to dispose of the 28-year-old’s body out of fear of being accused of the murder, but did not actually carry out the brutal stabbing himself.Both the defense and the prosecution gave closing statements Monday in the high-profile murder trial of 54-year-old Timothy John Cook. Cook is charged with killing his Chula Vista housemate, Omar Medina, whose body was found in a 55-gallon drum floating in San Diego Bay in 2017.RELATED: Family of man found in barrel works to find closure, thanks Chula Vista PD for their efforts“Just because someone disposes of somebody, or even if they moved a couple things or tried to clean up a couple things, that does not mean the person killed them,” said deputy public defender Kara Oien. “He was trying to avoid the very predicament that we're in today.”Prosecutors have largely built their case against Cook on evidence of his activities after the murder, saying he launched a “monumental effort” to cover his tracks, clean up blood, and dispose of the body.Deputy District Attorney Cherie Somerville said cell phone evidence and other records show Cook lied about his whereabouts, and surveillance video shows him and co-defendant Derrick Spurgeon hauling the 55-gallon drum to San Diego Bay.RELATED: Man whose body was found in a barrel had been stabbed 66 times; suspect pleads not guiltySpurgeon is charged with being an accessory for allegedly driving the boat used to dump the victim's body. Cook alone is charged with carrying out the stabbing.“Hatred, disrespect, and ultimately cold hard cash” motivated the killing, Somerville said.Prosecutors say Cook was after an ,000 settlement Medina had been awarded and was tired of his sloppy household behavior.The defense is expected to finish closing arguments Tuesday, at which point the jury will begin deliberations. 1949

SAN DIEGO (KGTV) -- An arraignment was postponed Wednesday for the woman police say stole a car with two children inside before trying to cross the border into Mexico. According to police, Leslie Saenz has a criminal history of theft but nothing like what she’s accused of doing Monday.Officers say she jumped into a car outside a Lincoln Park store after the children’s father went inside.RELATED: Police: Woman arrested after stealing car with kids inside, trying to cross border into Mexico?9-year-old Malaia Cole and her 3-year-old brother were in the car at the time of the incident.Malaia was able to call police and tell them where the three were located.Border Patrol agents stopped the car just north of the border crossing. 746

SAN DIEGO (KGTV) -- A tortoise no longer on the loose is still waiting for its rightful owner in East County.The tortoise, believed to be an older male, was found Thursday by Heartland Paramedics.It was roaming the streets of El Cajon and is now staying at the El Cajon Animal Shelter.Workers there say this is not a situation they often face.“Not in the City of El Cajon," said Shelter Manager Jill Jones. "Perhaps in outer-lying counties, they have a little more tortoise traffic, but we generally do not."A family who saw the original 10News story believed the tortoise was their beloved pet Frankie who went missing a week ago. However, upon arrival at the shelter, they quickly realized this tortoise was much larger.If you believe the tortoise is yours, you can go to the shelter during regular business hours. If possible, bring photos and any other identifying information. 889

SAN DIEGO (KGTV) - A teacher at a middle school in Vista says a look inside her classroom reveals her concerns about the lack of social distancing.Laura Whitehouse’s classroom at Rancho Minerva Middle school. The history teacher has been at the school for seven years, and for the first time, she is anxious about going to school."It’s frightening. It’s frightening," said Whitehouse.She says her fears stem from the lack of social distancing. Her classes have 34 kids, with two kids sitting at each table right next to each other."Distance between each table is about two feet. They’re just on top of each other," said Whitehouse.Whitehouse says the kids are supposed to wear masks, but she sometimes has to remind them to put their masks on, and to maintain social distance."They want to clump together. They want to go to each other’s desk," said Whitehouse.After a few days of in-person learning, Whitehouse on Tuesday received plexiglass for her desk and a HEPA air purifier, but she worries it’s not close to being enough. She says there’s no cleaning between classes, as new students rotate in."The germs that are accumulating are just crazy," said Whitehouse.Amid her concerns, there have been at least four positive COVID-19 cases in the Vista Unified School District, sparking new rules about what will trigger a school to revert to distance learning.Whitehouse, who has asthma, says the new rules don’t address what’s putting her and her students most at risk."I am afraid for them. I just want them and their families to be healthy," said Whitehouse.She’s hoping for more cleaning, and more hybrid learning to reduce the number of kids in the classroom."The fear is this is just going to continue to get worse," said Whitehouse.The teachers union tells ABC 10News they are preparing an OSHA complaint detailing the classroom conditions. Superintendent of Schools Matt Doyle emailed ABC 10News the following statement:"... We have spent more than 2 million dollars on personal protective equipment for our staff and schools. These include facemasks, face shields, gloves, plexiglass barriers for teachers and students, HEPA air filters, additional outside sinks, electrostatic disinfecting machines, posters, and more. Every teacher has been given these supplies ... We will continue to work proactively with teachers and staff to make sure that they get what they need in their classrooms." 2410

SAN DIEGO (KGTV) -- Accusations of altering documents to receive federal money. That’s the claim in court records against Argosy University, which operates The Art Institute of California in San Diego. Court documents accuse the university of charges including changing submissions to the Department of Education to get student financial funds. Argosy University operates more than a dozen locations across the country, including the Art Institute of California in Mission Valley. The Department of Education sent millions of dollars to Argosy. RELATED: Students concerned for future of Art Institute of California - San DiegoWhat it didn’t know and what’s alleged in court documents is the university was using the money that was supposed to go to students to pay for things like operating expenses. The filing was made on behalf of a court-appointed receiver, the independent outside party to handle the university’s finances. 10News reported earlier that the Education Department stopped all financial aid to Argosy. In July of 2018, the Art Institute in Mission Valley stopped enrolling new students. Current students say they’re frustrated and nervous. 10News reached out to Argosy’s parent company for a response but hasn’t heard back. 1250

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