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SAN DIEGO (CNS) - A judge Monday denied a request by four San Diego County businesses seeking to resume indoor operations following the county's recent slide into the purple tier of the state's coronavirus reopening plan.San Diego Superior Court Judge Kenneth J. Medel heard arguments Friday on the lawsuit, which was filed earlier this month on behalf of Cowboy Star Restaurant and Butcher Shop, Home & Away Encinitas, Fit Athletic Club and Bear Republic, shortly before indoor operations were suspended for nonessential businesses in the county due to rising COVID-19 case numbers.The businesses sought a temporary restraining order halting the prohibition on indoor operations, contending that San Diego County's increased case numbers are not a result of exposures at restaurants, gyms and other types of businesses impacted by the closures.While Medel and the state conceded pandemic restrictions have created negative economic impacts for businesses, both stated the public health concerns outweighed those harms.In his ruling, Medel wrote, "In the court's mind, the impact on public health of dismantling a portion of the state's COVID-19 response designed to reduce community spread outweighs the economic harm to plaintiffs at least pending further examination of these issues in any upcoming hearing on preliminary injunction."A status conference was scheduled for Dec. 2 for discussion regarding a preliminary injunction hearing.Wilson Elser, the law firm representing the businesses, declined comment on the ruling, stating through a spokesperson that it does not comment on active lawsuits.The lawsuit cited figures indicating restaurants/bars, retail businesses, places of worship, schools and gyms make up a small percentage of infections and confirmed community outbreaks.During Friday afternoon's hearing, attorney Bruno Katz, representing the businesses, referenced an adjudication request submitted to the state by San Diego County Public Health Officer Dr. Wilma Wooten, which sought to have San Diego County remain in the red tier. The request was rejected."Penalizing the impacted sectors for case inc

SAN DIEGO (CNS) - A drunken driver who went the wrong way and crashed head-on into another car in 4S Ranch, killing the other driver, was convicted Wednesday of gross vehicular manslaughter while intoxicated and DUI causing injury.Jurors deadlocked on a second-degree murder count against Alexandria Bayne, but will return Thursday to resume deliberations in hopes of reaching a consensus. The 37-year-old defendant was charged with murder due to two previous DUI convictions from 2005 and 2008.The panel deliberated two days before returning the vehicular manslaughter and DUI verdicts, and acquitted Bayne of four child endangerment counts involving allegations that she drove drunk earlier in the day while her children were riding in her minivan.RELATED: Fatal 4S Ranch DUI suspect breaks down in tears when husband testifies in hearingOn Thursday, the jury will hear a read-back of closing arguments and receive clarifications on the legal definitions of certain terms such as "intentionally" and "deliberately," which were cited as a source of contention in jury notes submitted to San Diego County Superior Court Judge Robert F. O'Neill.Sarita Shakya, a 38-year-old Scripps Mercy Hospital nurse, was heading home from work the afternoon of Dec. 17, 2016, on Camino Del Norte when her car was struck head-on by the defendant's vehicle.Deputy District Attorney Cally Bright told jurors in her opening statement that Bayne had been drinking alcoholic beverages throughout the day, starting that morning. The defendant and her attorney conceded she'd been drinking but was not drunk when she was behind the wheel. Though she testified that she had eight drinks throughout that day, she told the jury she simply made a mistake when she turned into opposing traffic lanes on Camino Del Norte.RELATED: Tears at preliminary hearing in suspected DUI fatal crashBayne's attorney, Michelle Hunsaker, contended that Bayne made that mistake because she was distracted by family issues, as well as her cell phone.Prosecutors said her blood alcohol content was measured at between .32 and .33% -- the legal limit is .08% -- after the crash.Hunsaker disputed that testing result, saying Bayne's alcohol consumption "just doesn't line up" with the .33% BAC alleged by the prosecution. She also said Bayne had encountered several people throughout the day and did not appear intoxicated.RELATED: Woman killed by suspected drunk driver in 4S Ranch identified"We are not discounting the magnitude of the loss of Ms. Shakya and take full responsibility for that collision. But distraction does not equal murder," Hunsaker said.Shakya's husband, Peter Chen, testified that his wife typically returned home sometime after midnight each night following her shift at the hospital. When she didn't show up, he called her supervisor, who didn't know why Shakya might be late.Hours later, he received the bad news."I couldn't believe what had happened," Chen said, calling it "the worst day of my life." 2990

SAN DIEGO (CNS) - A fire broke out Wednesday morning at a duplex in Rancho Penasquitos, and responding firefighters confronted cluttered conditions in one of the homes in order to knock down the flames and search for residents, authorities said. 253

SAN DIEGO (CNS) - A 41-year-old documented gang member was convicted Wednesday of murder and attempted murder in the shooting death of a career Navy man and the wounding of his cousin outside a comedy club at Horton Plaza.Jurors deliberated for nearly two days before finding Arrow Morris guilty of the two felony charges, in addition to sentence-enhancing allegations of using a firearm and three counts of being a felon in possession of a firearm, in connection with three guns investigators found during a search of his girlfriend's home.Morris, who is scheduled to be sentenced May 20, faces more than 80 years to life in prison for the killing of 43-year-old James Celani, who was struck in the head, neck and chest. His cousin was grazed in the leg.Deputy District Attorney Amy Maund said that on the night of June 10, 2017, following a violent confrontation with his girlfriend, Morris and his brother walked away from the club and encountered Celani and his cousin, who were walking past them in the opposite direction.Maund told jurors that either Celani or his cousin said "What's up?" to the Morris brothers as they walked past, to which Morris replied "Don't (expletive) talk to me," then began firing.The prosecutor said Morris, still in a rage over the confrontation with his girlfriend, took his anger out on Celani and his cousin, some of the first people he came across after leaving the club.The shooting happened to "a truly innocent, vulnerable victim," Maund said, "and it could have been anyone."Maund said several witnesses pointed to the shooter as a man wearing a red shirt, red hat and white jacket, which Morris can be seen wearing in surveillance footage from Horton Plaza and a 7-Eleven convenience store.Defense attorney Steward Dadmun contended that witnesses mistook his client for his brother, who, according to Dadmun, was the actual shooter. The whereabouts of Morris' brother was unclear."None of these witnesses passes the reasonable doubt test, not a single one of them," Dadmun told the jury.According to Dadmun, Morris had "no idea" his sibling was going to begin shooting, while Maund maintained that the altercation with his girlfriend left Morris enraged and prone to violence."The defendant was angry, the defendant had a gun and he wasn't backing down," the prosecutor said.Morris was arrested two days after the shooting during a traffic stop in Serra Mesa. 2411

SAN DIEGO — The latest shutdown order has not been kind to San Diego restaurants this holiday season, but some chose to remain open on Christmas despite being relegated to takeout-only service. Harry Kim made the executive decision to keep north park diner open on Christmas for the first time. And to say the restaurant is stretched thin would be an understatement.“it’s hitting us really hard,” Kim said. “When we had outside dining I had employees, five of them. Right now I just work with me and my wife.”Kim has owned the diner since 2007, and says opening on Christmas provides an opportunity for more sales if everyone else was closed. He says it paid off with some extra takeout orders and others through UberEats and GrubHub.Meanwhile, at downtown's Gaslamp BBQ, a skeleton crew handled a steady stream of takeout orders. Owner Tarik Marogy always keeps the restaurant open on Christmas, so 2020 would be no different.“We know we are going to be busy today because a lot of the restaurants usually close,” Marogy said.Marogy says the barbecue has been hit hard in the pandemic. He reduced his employees from 20 to 8. In all, nearly 110,000 San Diegans worked in local restaurants in November, down more than 15 percent compared to November 2019, according to the latest state data available. That was before the most recent shutdown order went into effect.Margoy said, however, that Christmas night orders exceeded his expectations.“I didn’t expect that I'm going to have that much business because of the Covid. But I was surprised, and thank God business was good,” Marogy saidHe says he's hopeful things are going to get better in 2021. And the barbecue will be open January 1 to ring in the new year. 1721