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SAN DIEGO (CNS) - A gun control group has filed a lawsuit on behalf of victims the Poway synagogue shooting against several parties, including the alleged shooter, his parents, the gun store that sold him the weapon used in the deadly shooting and the weapon's manufacturer, Smith & Wesson.The suit filed Monday in San Diego Superior Court alleges `irresponsible and unlawful conduct by a firearms manufacturer and seller for making, marketing, or selling weapons in an unsafe and illegal manner'' in connection with the rifle allegedly used by John T. Earnest, 21, in the April 27, 2019, shooting at Chabad of Poway.The suit filed by the gun control advocacy group Brady United accuses Smith & Wesson of failing to ``use reasonable care'' when marketing the rifle -- a Smith & Wesson M&P 15 -- and alleged the company made the weapon ``easily modifiable,'' which facilitates crimes like mass shootings.The lawsuit also alleges gun store San Diego Guns unlawfully sold Earnest the rifle used in the shooting, as he lacked a valid hunting license to buy such as weapon at his age.The suit also alleges Earnest's parents ``negligently facilitated their son's (the shooter's) ability to gain access to one or more pieces of weaponry/tactical equipment used in the incident, upon information and belief, having prior knowledge of his avowed, virulent anti-Semitism and propensity for violence.''The shooting resulted in the death of 60-year-old Lori Gilbert Kaye, who was shot in the synagogue's foyer. Three others were injured, including the synagogue's rabbi, Yisroel Goldstein, who is among several people listed as plaintiffs in the lawsuit.Earnest remains jailed on both state and federal charges for the shooting, as well as the alleged arson of an Escondido mosque, both of which are being charged as hate crimes.Earnest allegedly told a dispatcher that he committed the shooting because Jewish people were destroying the white race and made similar anti-Semitic comments in an online manifesto in which he said he spent four weeks planning the attack.Earnest faces the death penalty in the state's prosecution, while a federal capital punishment decision remains pending.According to testimony, a receipt found in Earnest's car showed he purchased the rifle at San Diego Guns on April 13, 2019, the same day a California Fish and Wildlife card found in his bedroom showed he completed a hunting program, qualifying him for a hunting license.However, the license -- which would allow someone in California under 21 to purchase a gun -- was not valid until that July. Without a valid license, Earnest would have been prohibited from purchasing the rifle under state law, as he was 19 at the time of the purchase.The California Department of Fish and Wildlife and Department of Justice are also named as defendants for alleged negligence in allowing Earnest to buy the gun when a background check should have precluded him from purchasing it. 2968

SAN DIEGO (CNS) - A 69-year-old man was hospitalized this morning with a broken leg he sustained in a hit-and-run crash in the Teralta West neighborhood.The pedestrian was crossing northbound at the intersection of Orange and Central avenues at 10:15 p.m. Friday when a vehicle driving east on Orange Avenue turned north onto Central Avenue and struck the man, according to Officer Robert Heims of the San Diego Police Department.The vehicle backed up after the crash, then drove away west on Orange Avenue, Heims said.The victim sustained non-life-threatening injuries and was taken to a hospital, Heims said.The suspect vehicle was described as a light-colored, 4-door sedan, possibly a Pontiac G6 or similar vehicle. A description of the driver was not available. 774

SAN DIEGO (CNS) - A 24-year-old La Jolla man who was wearing a Jesus costume when he allegedly sucker-punched a San Diego police officer at a Gaslamp District Halloween street festival was charged Thursday with battery of a peace officer and resisting arrest. Eric Van Vleet, who was arrested in Idaho's Cassia County less than a week after the alleged Nov. 1 attack and extradited to San Diego, faces up to three years in prison if convicted. Deputy District Attorney Will Hopkins said the unnamed officer was breaking up a fight amid a crowd of people outside the Atomic bar about 1 a.m. when Van Vleet allegedly yelled, ``(Expletive) the police'' and punched the lawman in the side of the head. RELATED: Man in Jesus Halloween costume accused of punching San Diego police officerVan Vleet -- who was dressed as Jesus Christ with devil horns -- then walked away from the ruckus, disappearing into a crowd and getting into an Uber vehicle, according to the prosecutor. He traveled to Idaho, where he is the CEO of two companies, according to Hopkins. Defense attorney Marc S. Kohnen said Van Vleet is a majority partner in his companies, which are involved in advertising for medical products. The officer, a three-year member of the San Diego Police Department, was taken to a hospital for treatment of a roughly inch-long laceration and other trauma. The officer missed a week of work with post-concussion symptoms, according to Hopkins. Kohnen emphasized that his client has no criminal record and disagreed with San Diego County Superior Court Judge Jay Bloom's decision to set bail at 0,000. RELATED: San Diego police: Man accused of punching officer while wearing Jesus costume arrestedThe judge cited Van Vleet's travel to Idaho as part of the reason for the high bail, in addition to his apparent financial resources. Along with his ``business ties'' to the Idaho companies, Hopkins said investigators found a vehicle valued at around 0,000 at his home. According to the prosecution, surveillance footage and bar tabs helped investigators identify Van Vleet as the suspect. Kohnen countered that it's not clear whether Van Vleet or someone else in the crowd assaulted the officer, calling it a ``chaotic scene'' in which police arrested multiple people. Van Vleet pleaded not guilty and is due back in court next Tuesday for a bail review hearing. 2370

SAN DIEGO (AP) - President Donald Trump is strongly defending the U.S. use of tear gas at the Mexico border to repel a crowd of migrants that included angry rock-throwers and barefoot, crying children.Critics denounced the action by border agents as overkill, but Trump kept to a hard line."They were being rushed by some very tough people and they used tear gas," Trump said Monday of the previous day's encounter. "Here's the bottom line: Nobody is coming into our country unless they come in legally."At a roundtable in Mississippi later Monday, Trump seemed to acknowledge that children were affected."Why is a parent running up into an area where they know the tear gas is forming and it's going to be formed and they were running up with a child?" the president asked.He said it was "a very minor form of the tear gas itself" that he was assured was "very safe."Without offering evidence, Trump claimed some of the women in Sunday's confrontation are not parents but are instead "grabbers" who steal children so they have a better chance of being granted asylum in the U.S.On Tuesday, U.S. authorities lowered the number of arrests during the confrontation to 42 from 69. Rodney Scott, chief of the Border Patrol's San Diego sector, said the initial count included some arrests in Mexico by Mexican authorities who reported 39 arrests.Scott also defended the agents' decisions to fire tear gas into Mexico, saying they were being assaulted by "a hail of rocks.""That has happened before and, if we are rocked, that would happen again tomorrow," he told reporters.The showdown at the San Diego-Tijuana border crossing has thrown into sharp relief two competing narratives about the caravan of migrants who hope to apply for asylum but have gotten stuck on the Mexico side of the border.Trump portrays them as a threat to U.S. national security, intent on exploiting America's asylum law. Others insist he is exaggerating to stoke fears and achieve his political goals.The sheer size of the caravan makes it unusual."I think it's so unprecedented that everyone is hanging their own fears and political agendas on the caravan," said Andrew Selee, president of the Migration Policy Institute, a nonpartisan think tank that studies immigration. "You can call it scary, you can call it hopeful, you can call it a sign of human misery. You can hang whatever angle you want to on it."Trump rails against migrant caravans as dangerous groups of mostly single men. That view figured heavily in his speeches during the midterm election campaign, when several were hundreds of miles away, traveling on foot.The city of Tijuana said that as of Monday, 5,851 migrants were at a temporary shelter, 1,074 were women, 1,023 were children and 3,754 were men, including fathers traveling with families, along with single men.The U.S. military said Monday that about 300 troops who had been deployed in south Texas and Arizona as part of a border security mission have been moved to California for similar work.The military's role is limited largely to erecting barriers along the border and providing transportation and logistical support to Customs and Border Protection.Democratic lawmakers and immigrant rights groups blasted the tactics of border agents."These children are barefoot. In diapers. Choking on tear gas," California Gov.-elect Gavin Newsom tweeted. "Women and children who left their lives behind — seeking peace and asylum — were met with violence and fear. That's not my America."U.S. Customs and Border Protection Commissioner Kevin McAleenan said the administration's concerns about the caravan "were borne out and on full display" Sunday.McAleenan said hundreds — perhaps more than 1,000 — people attempted to rush vehicle lanes at the San Ysidro crossing. Mexican authorities estimated the crowd at 500. The chaos followed what began as a peaceful march to appeal for the U.S. to speed processing of asylum claims.McAleenan said four agents were struck with rocks but were not injured because they were wearing protective gear.Border Patrol agents launched pepper spray balls in addition to tear gas in what officials said were on-the-spot decisions made by agents. U.S. troops deployed to the border on Trump's orders were not involved in the operation."The agents on scene, in their professional judgment, made the decision to address those assaults using less lethal devices," McAleenan told reporters.The scene was reminiscent of the 1980s and early 1990s, when large groups of migrants rushed vehicle lanes at San Ysidro and overwhelmed Border Patrol agents in nearby streets and fields.The scene on Sunday left many migrants feeling they had lost whatever possibility they might have had for making asylum cases.Isauro Mejia, 46, of Cortes, Honduras, looked for a cup of coffee Monday morning after spending Sunday caught up in the clash."The way things went yesterday ... I think there is no chance," he said.Mexico's Interior Ministry said in a statement it would immediately deport the people arrested on its side of the border and would reinforce security.Border Patrol agents have discretion on how to deploy less-than-lethal force. It must be "objectively reasonable and necessary in order to carry out law enforcement duties" and used when other techniques are insufficient to control disorderly or violent subjects.___Long reported from Washington. Associated Press writers Robert Burns in Washington; Julie Watson in San Diego; Jill Colvin in Biloxi, Miss.; and Christopher Sherman in Tijuana, Mexico, contributed to this report. 5562

SAN DIEGO (AP) -- Manny Machado hit a grand slam with one out in the 10th inning and the San Diego Padres beat the Texas Rangers for the third straight game, 6-3.Machado's 11th career grand slam and sixth walkoff homer came off Rafael Montero, whose only out in the 10th came on pinch-hitter Greg Garcia's sacrifice.Fernando Tatis Jr., who hit his MLB-leading 12th homer earlier, drew a walk off Montero to load the bases ahead of Machado, who hit his sixth homer of the season.The Padres have hit grand slams in three straight games for the first time in club history.The Rangers, down 2-1 entering the ninth inning, sent the game into extras thanks to Joey Gallo's solo home run off reliever Matt Strahm. 714

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