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EL CAJON (CNS) - A driver whose blood-alcohol content was nearly quadruple the legal limit slammed into the back of a pregnant woman's car in Ramona two years ago, killing the woman and her unborn child, a prosecutor told a jury Wednesday.But a defense attorney denied that his client caused the crash, claiming the prosecution's case was based entirely on circumstantial evidence and a shoddy police investigation.Andrew Milonis, 46, is accused in the Mother's Day 2017 crash that killed 29-year-old Jessica Foderingham and her unborn child, a girl who Foderingham and her husband planned to name Ayanna. Milonis is charged with two counts each of second-degree murder, gross vehicular manslaughter while intoxicated, hit-and-run and drunken driving.RELATED: Witness: Driver in El Cajon crash, that killed pregnant mother, was 'very intoxicated'Foderingham was eight months pregnant when her Dodge Dart was hit, sending it careening into a tree in the center median on San Vicente Road about 6:45 p.m. May 14, 2017.Deputy District Attorney Laura Evans said in her opening statement that Milonis had been drinking throughout the day, having at least seven drinks at a local bar before he got behind the wheel of his GMC Yukon.The prosecutor said a bartender recommended that Milonis arrange a Lyft ride to get home, but he ignored the advice. Then while driving, Milonis struck a tree and multiple telephone poles before crashing into Foderingham's car, Evans said.RELATED: Driver accused of killing pregnant woman, taking Lyft to barAfter the crash, Milonis continued driving to a nearby hotel, where employees called a Lyft driver for him, Evans said. When the Lyft driver arrived and asked Milonis where he wanted to go, the defendant allegedly told the driver something to the effect of, "Anywhere I can get a drink," according to Evans.He was driven to a bar on Main Street, where sheriff's deputies located and arrested him shortly after he arrived. When his blood was tested, he had a blood-alcohol content of 0.20, but Evans alleged it was above 0.30 at the time of the crash -- well above the 0.08 legal limit.The prosecutor told jurors the impact of the crash left a partial imprint from Milonis' license plate on the back of Foderingham's car, and there was no evidence of mechanical issues on either car that might have contributed factors to the crash.RELATED: Vigil held for pregnant Ramona crash victimSix months earlier, Milonis has been arrested on suspicion of DUI for allegedly driving drunk and hitting a neighbor's fence before going home, according to Evans, who said he suffered a minor head injury in the crash and had a 0.28 blood alcohol content at the time.Christian Foderingham, a U.S. Marine, testified Wednesday that he and his wife's two young sons from a previous relationship began Mother's Day by making her breakfast and showering her with gifts throughout the day. The couple then left home for Jessica Foderingham's grandmother's house in Ramona, taking two cars -- Jessica in her Dodge Dart and Christian driving the boys in his Hyundai.He was driving ahead of his wife when he heard a loud bang behind him, saw a dark-colored SUV swerve onto a sidewalk and witnessed his wife's car slam into a tree. He testified that after hearing the loud noise, he saw his wife's car flying through the air before it struck the tree head-on and bounced back into lanes of traffic.RELATED: Judge raises bail to M in Ramona fatal hit and run"It felt like my heart stopped," he testified.Foderingham said he ran to his wife's car, smashed the driver's side window open and cut off her seatbelt to remove her from the wreckage. An off- duty firefighter helped Foderingham perform CPR until emergency personnel arrived and took her to Palomar Medical Center in Escondido, where she died, according to the victim's husband.Milonis' attorney, Ward Clay, told jurors the crash was "a tragic accident" but said Milonis was not responsible."No one witnessed exactly how the accident happened," Clay said.The attorney said Christian Foderingham never got a good look at the SUV driver.Foderingham testified that the SUV had tinted windows and there might have been two people inside. He could only confirm that the driver was Caucasian.Clay claimed that at the time of the crash, Milonis was not near the crash scene.The attorney also said the California Highway Patrol "made major mistakes" in their investigation of the case, and that "critical, forensic evidence" had been lost or destroyed, though he did not specify what that evidence was.Clay said he expected the jury to be "angry and want to hold someone responsible. But that person is not in this courtroom." 4692

Dog owners from across the country boarded their dogs at Young Gunz Kennel so they could be trained to be hunting dogs.But now, owners are wondering how their pups were left for dead in kennels.After dropping off her puppy "Duke" at Young Gunz?Kennel in early April, Dani Allison of Spencer, Iowa, heard yesterday that Duke was one of three dogs found dead at the facility and the owner, Dustin Young, was nowhere to be seen. "I think that he let our dog die and didn't have the courtesy to call us or tell us or do anything but put him in a black bag," says Allison. Pottawatamie County Animal Control seized the dogs that were still living yesterday and took some to the Council Bluffs Humane Society and others to a makeshift shelter in Oakland where their owners could pick them up. "All of them were pretty shaken of course at the time because none of them had water in probably two days. So we did give them water and food of course but there was a lot of diarrhea and things like that that you have to deal with," says Matt Wyant, who oversees animal control in Pottawattamie County.  1134

EL PASO, Texas (AP) — As many as 2,000 U.S. inspectors who screen cargo and vehicles at ports of entry along the Mexican border may be reassigned to help handle the surge of Central American families coming across, the Trump administration said Monday.The temporary reassignments, up from the current 750 inspectors, threaten to slow the movement of trucks bringing TVs, medical devices and other goods into the U.S. and cause delays for cross-border commuters who come for work or school.The inspectors are instead being put to work processing migrants, taking their applications for asylum and transporting them to holding centers.Homeland Security Secretary Kirstjen Nielsen said the reassignments are necessary to help manage a huge influx of migrants that is straining the system and overflowing border facilities."The crisis at our border is worsening, and DHS will do everything in its power to end it," Nielsen said.The effects of pulling inspectors from ports of entry were on display in El Paso, where thousands of border crossers lined up Monday, waiting about an hour to cross into the U.S. They included vendors, U.S. citizens and students with visas.Sergio Amaya, 24, a student at the University of Texas-El Paso, is an American citizen who lives in Juarez. He said it normally takes him two minutes to cross the bridge."The Border Patrol agent said it's going to get worse," Amaya said.Meanwhile, business owners and elected officials warned of the economic consequences if President Donald Trump makes good on his threat last week to shut down all ports of entry along the southern border to stem the wave of asylum seekers.The United States and Mexico trade about .7 billion in goods daily, according to the U.S. Chamber of Commerce, which said closing the border would be "an unmitigated economic debacle" that would threaten 5 million American jobs.Laredo Mayor Pete Saenz, chairman of the Texas Border Coalition, said a closure would be catastrophic."Closing the border would cause an immediate depression in border state communities and, depending on the duration, a recession in the rest of the country," he said."Our business would end," Marta Salas, an employee at an El Paso shop near the border crossing that sells plastic flowers that are used on the Mexican side by families holding quincea?eras, the traditional coming-of-age celebrations.Salas said her whole family would be affected if the president closed the border."There are Americans who live there. I have nephews who come to UTEP, to grade school, to high school every day," Salas said.Apprehensions all along the southern border have soared in recent months, with border agents on track to make 100,000 arrests and denials of entry there this month, more than half of them families with children.In addition to reassigning hundreds of inspectors, Nielsen has asked for volunteers from non-immigration agencies within her department and sent a letter to Congress requesting resources and broader authority to deport families faster. The administration is also ramping up efforts to return asylum seekers to Mexico.___Associated Press writers Colleen Long in Washington and Nomaan Merchant in Houston contributed to this story. 3224

Dr. Deborah Birx, the White House coronavirus response coordinator, said on Wednesday that several states should consider moving back to Phase 1 in reopening due to increased coronavirus activity.Dr. Birx pointed to Arizona, Texas, California and Florida as states that are seeing a high prevalence of the coronavirus. This comes as intensive care units in Arizona and Florida are reaching capacity.Amid her pleas to the American people, she encouraged everyone to avoid participating in indoor gatherings, and dine outside rather than inside.“I think the work that these governors have done to — and ask the American people is it’s stop going to bars, to close the bars, to move to outdoor dining, to decrease indoor — any kind of indoor gatherings again,” Dr. Birx said. “To all of the Americans out there that are in these four states and the states that have — in the report, were in the red zone — because there’s a series of other states that we have in that zone — is really asking the American people in those counties and in those states — in those states to not only use the face coverings — not going to bars, not going to indoor dining — but really not gathering in homes either and decreasing those gatherings back down to our phase one recommendation, which was 10 or less.”During Thursday’s news conference with the White House’s coronavirus task force, Vice President Mike Pence said he believes the virus could be reaching its peak in hard-hit Arizona and Florida.“We’re actually seeing early indications of a percent of positive testing flattening in Arizona and Florida and Texas,” Pence said. “Governors in each of those states have taken strong steps to flatten the curve.”But data from Johns Hopkins University suggests the positivity rate is still going up. In Florida, the seven-day average of positive COVID-19 tests is at 18.7%, compared to just 4% a month ago. The rate of positive tests in Arizona is also up to 26.8%, up from around 11% this time a month ago.Given the spread, hospital officials in both states are preparing for “surge capacity” to make more ICU beds available to handle a possible influx of patients.Nationally, the rate of positive tests have increased in recent weeks, showing that the jump in the number of confirmed COVID-19 cases is not just due to increased testing. Nearly 8% of COVID-19 tests are coming back positive, according to Johns Hopkins University data, up from 4.4% four weeks ago.Notably missing at Wednesday’s briefing was Dr. Anthony Fauci, who has vocalized concerns over US states reopening too quickly. 2581

During Tuesday’s Supreme Court confirmation hearing, Sen. Lindsey Graham said “good old days of segregation” in a question to nominee Amy Comey Barrett when discussing a landmark 1954 high court ruling.On Wednesday, Graham claimed the comment was made in sarcasm."If anybody was listening to who I am and what I said, you know that it was the deep sarcasm that I suggested that some legislative body would want to yearn for the good old days of segregation,” Graham said on Wednesday. “The point that I'm trying to make is there is nobody in America in the legislative arena, wanting to take us back to that dark period in American history.”During Tuesday’s questioning, Graham asked, "And one of the reasons you can say with confidence that you think Brown versus Board of Education is super precedent is that you’re not aware of any effort to go back to the good old days of segregation by a legislative body, is that correct?"Graham is an unexpectedly tight race against Democrat Jamie Harrison for his seat in South Carolina. Harrison fired back at the senator.“Lindsay Graham just called segregation ‘the good old days,’” Harrison tweeted. “The good old days for who, Senator? It’s 2020, not 1920. Act like it.”Graham responded directly to Harrison’s quip.“And for my opponent to suggest that says far more about him than me,” Graham said. “I've been a United States Senator for three terms. I represent a state with 31% of an African American population. I want to make sure that everybody in my state moves forward. And in terms of that statement it is a it blows my mind that any rational person can believe that about me.”Recent polls compiled by 538 show an essentially deadlocked race between Graham and Harrison.The landmark 9-0 Brown versus Board of Education decision ruled that segregation of schools violated the Equal Protection Clause of the 14th amendment. 1883

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