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SAN DIEGO (KGTV) -- A San Diego judge has ruled that demolition of the historic California Theatre would violate environmental law.The theatre, which was built in 1926, was the largest vaudeville and movie palace in San Diego.City Council approved the demolition of the theatre in 2017. The proposed demolition, however, required an environmental impact report.RELATED: San Diego approves replacement for dilapidated California Theatre?The legal challenge to the approval, filed by the Save Our Heritage Organization, said the city failed to adequately address the ability to adapt and reuse the California Theatre.The court granted SOHO’s legal petition because the review failed to comply with the California Environmental Quality Act.The demolition approved by the city would have allowed a 40-story skyscraper to be built that would have included 282 residential units."The California Theatre is an outstanding historic building that has been standing for almost 100 years, it presents many opportunities for successful adaptive reuse to revitalize the C Street corridor. When the City's EIR failed to study alternatives to demolition, we put our faith in the Court to enforce CEQA. We are grateful for the Court's comprehensive enforcement of environmental law and look forward to review of an alternative in an EIR that will allow this historic building to survive as part of a successful new project. We know it can be done,” said SOHO’s Executive Director, Bruce Coons. 1485

SAN DIEGO (KGTV) - A plan that has the potential to triple Mission Valley's population by 2050 will be voted on by the San Diego City Council Tuesday.The city will vote on the final draft of the proposed Mission Valley Community Plan. It replaces the last plan that was written back in 1985. Supporters say it will help address the region's housing crisis. "One of the biggest problems we've had in the city is our community plans haven't been updated in decades. So, whenever developers come in and want to build housing they have to get conditional use permits and that takes sometimes over years to get accomplished, and that drives the cost of housing up," said councilman Scott Sherman whose district includes Mission Valley.Currently, Mission Valley is zoned mixed-use and residential. The new plan would rezone it to almost all mixed-use. Developers would be able to build up to 145 housing units per acre, instead of 73 units per acre. "Apartments and condos, density around mass transit, that's the whole idea, we need housing so let's make it more dense around transit oriented hubs, cause we have the trolley that runs right through Mission Valley," said Sherman. People who work in Mission Valley are worried that traffic will be a nightmare in an area already known for gridlock. "It's already congested as it is, so to build more, where?" asked Eni O'Donnell. "It depends on how well they plan integrating it all in, if you bring in 50,000 people overnight, then obviously, that's not going to work," said Archie Kordestani who lives in Civita. The plan includes several new bike and pedestrian bridges, connectors to help with traffic, and more transit stops along the trolley's green line. "Busing, biking, trolleys, I think these are the ways to go," said Kordestani.The project also includes 160 acres of park space and two schools. If it gets final approval, builders can start applying for permits in the next few months."If you make the rules in place and make it easier for people to build, they'll come in and build and the price should go down, cause right now our housing crisis is really a supply issue," said Sherman. 2155

SAN DIEGO (KGTV) – A man was hospitalized after being shot in San Diego’s Encanto neighborhood, police said Thursday.The shooting occurred at around 5:50 p.m. Wednesday on Imperial Avenue, according to San Diego police.Police said the gunfire detection system ShotSpotter reported shots fired in an area near the 6100 block of Imperial Avenue. A second ShotSpotter activation followed shortly after, this time coming from the 6300 block of Imperial Avenue.Responding officers arrived to find a man lying on the ground in a parking lot of a business. The victim had an apparent gunshot wound to his upper torso, police said.The 24-year-old victim was taken to the hospital and is in extreme critical condition, according to police.Police said, “At this time, there is very little known about the circumstances surrounding this incident.”Anyone with information regarding the shooting is asked to call SDPD’s Homicide Unit at 619-531-2293 or Crime Stoppers at 888-580-8477. 979

SAN DIEGO (KGTV) -- A man was arrested at the border then held for nearly three days in a potentially dangerous medical state, according to court documents. In March 2019, Jesus Centeno-Paredes was arrested trying to enter the United States at the Otay Mesa Port of Entry.Centeno was an undocumented immigrant and previously deported from the United States, according to charging documents. His exact charge was attempted entry after deportation.Centeno was taken to the Metropolitan Correction Center San Diego, a federal detention center, but was rejected because of his chronic use of heroin and an abscess on his leg, according to court documents.According to court documents, officials at MCC directed that Centeno be taken to Alvarado Parkway Institute, an inpatient hospital in San Diego County, where he would receive medically monitored detox care. Instead, he was taken to the hospital to treat his leg and then back to the Port of Entry, where he was held for nearly three days and denied medically necessary care to detox from heroin safely, records state.Centeno's attorney argued his client's case is not isolated, and the outrageousness of the government's misconduct is intensified by its repeated denial of adequate detox care while holding detainees at the Port of Entry."They did the minimum, like not even what they had to," Centeno told 10News."It was cold, it was small," he said of his conditions at the facility. "They gave you a blanket, not even a blanket -- foil, a piece of thin foil."10News obtained hours of surveillance video of Centeno in his holding cell.In the video, you can see Centeno curled up under a makeshift blanket. He spent time resting on either a concrete bench or what he described as a thin mat on the ground. According to court documents, "Mr. Centeno was kept in a small cell where the lights were on the entire time. Mr. Centeno was not given a change of clothes during the nearly three days while he was at the Port of Entry. The cell where Mr. Centeno was held did not have a bed, and Mr. Centeno was given a thin foil blanket and a torn yoga mat to lie on. There was no soap, no toothbrush, and no hygiene products."At one point, the camera shows Centeno trying to throw wet toilet paper at the ceiling in an attempt to cut off the air conditioning."That's where the ventilation was," he explained. "The air comes in cold, and I'm laying, and the air comes in like this."While Centeno looks calm in the video, he said he's going through major drug detox. Staying still was his coping mechanism.Pain specialist Dr. Clark Smith said it is dangerous not to check the blood pressure of someone going through withdrawal. "It would be medical malpractice," he said.Smith explained people going through heroin withdrawal generally experience elevated blood pressure, nausea, and muscle aches, among other symptoms."I've seen people who looked OK. They didn't have noticeable shaking, and their blood pressure was so high they were going to die either from a heart attack or stroke," he said."[Centeno] should have been given medially basic care for this type of treatment, and he wasn't, and that's scary," said Centeno's criminal attorney Ryan Stitt."People in Mr. Centeno's situation are not convicted of any crime. They are held for days without access to a telephone or communication with the outside world, and they are not given proper medical care. It's really a terrifying cocktail of abuse," he explained.Stitt called Centeno's treatment shocking and said the government knew he required medical care to detox from heroin safely.In court documents, Stitt wrote: "Mr. Centeno's case is one where the government knew he needed care and simply elected to lock him in a cell and not provide the care because the one treatment facility it contracts with was full. Perhaps if Mr. Centeno's case was the first case where the treatment center was full, the government's failure to have a backup plan or to take other corrective action would render the misconduct less serious. However, the record shows that this is not an isolated case and that the misconduct is widespread. Moreover, the government's record keeping in Mr. Centeno's case worsens the misconduct. The records state that Mr. Centeno received medication twice while at the Port of Entry, but the surveillance video from his cell fails to show that he received the medication at the proscribed times. The government also failed to keep medical records for his stay at the Port of Entry. This failure is striking given the fact that Mr. Centeno's lawyers were objecting in court to his deficient medical care while he was still at the Port of Entry."Centeno was eventually taken to Alvarado Parkway Institute when bed space became available and treated for withdrawal, according to court filings.When asked by Team10 Investigator Adam Racusin if he thought he was treated humanely, Centeno said: "I think they treat dogs better, in the kennels." The U.S. Attorney's Office dropped the charge against Centeno about an hour after 10News finished interviewing him. That U.S. Attorney's Office declined to comment on that decision.As of today, Centeno is back at the San Ysidro Port of Entry. He does plan to file for citizenship, and he is contesting his deportation on that basis. Government's ResponseA spokesperson for Customs and Border Protection told 10News, "CBP does not comment on matters that are currently under litigation."10News pointed out that the charge against Centeno was dropped but didn't hear back.In court filings, the Assistant U.S. Attorney assigned to the case addressed Centeno's allegations: "While defendant was at the POE, records show that CBP conducted wellness checks on defendant's cell virtually every 20 minutes for the entirety of his time there.CBP regularly offered or provided meals, including hot burritos (with a vegetarian option), cookies, snacks, turkey sandwiches, fruit juice, and other meals. The records would reflect if the defendant had refused or failed to receive any meals. He did not. Additionally, a physician assistant and an on-call physician were available if necessary. According to Supervisor Enforcement Officer in the Criminal Enforcement Unit at San Ysidro, Sarah Esparagoza, medical personnel, including physician assistants, are available at the San Ysidro Port of Entry for 16 to 20 hours a day." The government told the judge if someone in custody experiences any significant medical issue while at the Port of Entry, they would be referred to the on-duty physician assistant or taken to the emergency room at a local hospital.According to the court filing by the government, "The conduct at issue here does not rise to the level of cruel and unusual punishment necessary to violate defendant's Eight Amendment rights. As identified below, defendant fails to present any evidence that was in experiencing dangerous symptoms of withdrawal at the POE. What this court does know is that defendant was taken to the emergency room when needed; he was monitored through numerous wellness checks; had access to P.A.s 16 to 20 hours a day; had CBP Officers near—many of whom are also certified EMTs; and access to transportation to the emergency room (again) if needed."Other people going through withdrawalCenteno is not the only one making these allegations of mistreatment in a border holding cell.Documents obtained by Team 10 allege others have gone through detox at the San Ysidro Land Port of Entry.Team 10 obtained what's known as the "No Body Active List" or "Federal Defender No Body Report."According to court filings, "By 9:00 a.m. each day, the government shall provide a list to the duty Magistrate Judge and Federal Defender of all persons arrested before 6:00 a.m. that day, but who will not be arraigned that day. The government shall also provide the reasons for the delay and the location of the defendants. The government is therefore required to provide the No Body Active List by order of the Court."A No Body Active List from March of this year shows two additional people involuntarily detoxing from heroin were kept at the San Ysidro Port. Team 10 investigator Adam Racusin has also seen other No Body Active Lists from different dates showing other people marked as detoxing at the San Ysidro Port of Entry.Team 10 tried to get all No Body Active Lists from the start of this year, but so far, the United States Attorney's Office has not turned them over, and said they aren't public documents.Right now the government is facing two other civil lawsuits claiming it did not provide adequate medical care.Not enough resourcesIn each of the cases reviewed by 10News, detainees have been turned away from Alvarado Parkway Institute (API) because of a lack of beds.A spokesperson for API told 10News it provides behavioral health services to the general public in San Diego and the surrounding communities, including various government agencies."We have had a longstanding relationship with federal agencies in the local San Diego area and have provided inpatient psychiatric and detox services to their detainees for years. That work represents less than 10% of the patient population that we treat. The remainder of our patient population is from the San Diego and surrounding communities," the spokesperson said. API told 10News once a patient is admitted, they are monitored around the clock by registered nursing staff, and physicians are on-call 24-hours a day. API detoxification protocols include medication intervention where medicine would be administered based on what the patient is detoxing from, as well as to assist with comfort levels.According to the spokesperson, API is a 66-bed inpatient hospital. 10News asked API how it's possible they can run out of space and how often that happens."Due to the lack of inpatient psychiatric beds in San Diego County, we often operate near or at full capacity. Because of this, it is not uncommon for us to be forced to refer inquires to another facility or turn them away because we are full or we do not have an appropriate bed available. API treats male and female clients with various levels of acuity. Clients are assigned rooms based on a number of factors and space availability depends on the individual's age, sex, presenting problems, medical comorbidities, and status as a criminal or administrative detainee," the API spokesperson told 10News. 10408

SAN DIEGO (KGTV) - A preliminary hearing was held Monday for a parolee accused of sexually assaulting an 88-year-old woman at a Hillcrest nursing home. Police say 49-year-old Lusean Arline was arrested November 4th in connection with the alleged October 27th sexual assault at the Balboa Nursing & Rehab Center on Fourth Ave.Prosecutors say Arline entered the nursing home, possibly through an unlocked door, around 3 that morning and was found completely nude on top of the victim in her bed. RELATED COVERAGE: Parolee charged in rape of 88-year-old woman at Hillcrest nursing home / 88-year-old woman sexually assaulted at Hillcrest nursing homeStaff heard the victim and her roommates screaming and entered the room, prompting Arline to flee the scene, the prosecutor said.Nurses testified about the night of the attack at Arline's hearing.The victim, who suffers from memory decline, suffered a fractured arm in the attack. 939