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LOS ANGELES (CNS) - A Los Angeles police officer who fatally shot a developmentally disabled man and wounded his parents during a confrontation that erupted while the lawman was off-duty and shopping at a Corona Costco will not face criminal charges, Riverside County's top prosecutor said Wednesday. ``For all of us who handled this case, it's a horrific, tragic situation that occurred,'' District Attorney Mike Hestrin said during a news briefing at the D.A.'s headquarters in downtown Riverside. ``But we had to put our passions and emotions aside and marry the facts with the law. We don't pay attention to public outcries or social media rants.''According to Hestrin, evidence collected from the June 14 shooting at the Costco on North McKinley Street, where 32-year-old Kenneth French was killed, was presented to a 19-member criminal grand jury on Sept. 9. After the jury completed its inquiry, the panel voted against indicting LAPD Officer Salvador Sanchez. The jury's decision was submitted to the D.A.'s office Tuesday.Hestrin said he did not know how jurors voted. There must be at least 12 affirmative votes for an indictment. Hestrin said he will abide by the panel's decision and not independently file a criminal complaint against Sanchez.``This was a fact-driven decision,'' the D.A. said. ``I would file charges if I thought there was a problem with the process. All the evidence we had was presented to the grand jury. I respect and stand by their decision. They did a great job gathering facts. They did what they were supposed to do.''Dale Galipo, the attorney representing the dead man's parents, Russell and Paola French, has repeatedly stated his belief that the Corona Police Department and the D.A.'s office were treating Sanchez deferentially because he's a law enforcement officer, and if anyone other than an off-duty policeman had done the shooting, that person would have been charged at the outset.``I categorically deny the officer has gotten special treatment,'' Hestrin said. ``This is viewed as an officer-involved shooting. Police officers have to respond (to an attack) as if they're on duty. ... The officer believed his life was in danger. He thought he was shot and was looking around for blood, feeling the back of his head.''Hestrin said he was compelled to turn the case over to a grand jury because there were uncooperative witnesses, leaving the D.A.'s office without a complete picture of events, and he believed 19 members of the public impaneled to vet the evidence would come up with the appropriate decision.Galipo has scheduled a news conference in Corona Thursday in response to the D.A.'s and grand jury's actions. The attorney released a statement saying the outcome ``highlights the unequal treatment of police officers compared to other citizens when they shoot people.''``I am confident that we will get justice for Kenneth and his family in the federal civil rights action that will be filed in the near future,'' he said.Corona police Chief George Johnstone said the shooting has ``weighed heavily on the community'' and his sympathies were with the French family. But after his detectives conducted a 12-day investigation, they could not come up with conclusive findings, other than Sanchez believed he was ``acting in self- defense.'' The case was submitted to the D.A.'s office on June 27.Russell and Paola French, along with Galipo, spoke to the media on Aug. 26, urging the D.A.'s office to come to a decision. Russell French told reporters he ``begged (Sanchez) not to shoot,'' telling him ``our son is sick.''Galipo said the parents and son were moving away from the off-duty cop when he opened fire. According to Johnstone, Kenneth French was shot once in the shoulder and twice in the back. Paola French was shot in the back, and her husband was shot in the abdomen, resulting in the loss of a kidney.According to Galipo, the trio had been shopping for a half-hour when they stopped at a food sample booth in the store to nibble on sausages. Why Kenneth French turned physical with Sanchez, shoving him to the floor while the off-duty officer held his 18-month-old son, is unclear, Galipo acknowledged.He said the decedent was a diagnosed schizophrenic and nonverbal, with no history of aggression.Conflicting stories have emerged over the circumstances, with the officer's attorney, David Winslow, insisting his client responded appropriately.Hestrin played a security surveillance videotape from the Costco that partially captured the deadly 7:45 p.m. confrontation. The clips mainly revealed the tail-end of the encounter between French and Sanchez, with the former appearing to be the aggressor, and Sanchez falling somewhere out of frame. Russell French is clearly visible, standing in front of his son to turn him back, at which point both men are struck by gunfire and collapse to the floor of the store.Johnstone said 10 shots were fired by the off-duty lawman. According to Winslow, Sanchez was knocked down and briefly lost consciousness. When he awoke, he found his son next to him, screaming. The attorney said his client ``had no choice but to use deadly force'' in self- defense.Hestrin said there was no evidence that Sanchez ever lost consciousness. The lawman was not hospitalized, and his son was not injured. Sanchez has been placed on paid administrative leave by the LAPD, where he has been a patrolman for seven years, most recently assigned to the Southwest Division. 5468

LOS ANGELES (CNS) - The Securities and Exchange Commission announced Friday that Calabasas-based Cheesecake Factory Inc. will pay a 5,000 penalty for making "false or misleading" disclosures about the impact of the COVID-19 pandemic on its business operations and financial condition.This is the first time the SEC has brought allegations against a public company for misleading investors about the financial effects of the pandemic.According to the SEC's order, the Cheesecake Factory restaurant group said in regulatory filings in March and April that its eateries were "operating sustainably," while failing to disclose that the company was losing roughly million in cash per week and had just 16 weeks of cash remaining.The order finds that although the company did not disclose the information in its filings, the group did share the particulars with potential private equity investors or lenders as it sought additional liquidity during the public health crisis.Without admitting the SEC's findings, the restaurant company agreed to pay the penalty and to cease-and-desist from further violations of the charged provisions. In determining to accept the settlement, the SEC said it considered the cooperation afforded by the company.A Cheesecake Factory representative pointed to a disclosure form filed Friday in which the company stated it was in full compliance with the cease- and-desist order and that the company "fully cooperated with the SEC in the settlement" without admitting or denying the regulators' allegations.The order also finds that although the March filing described actions the company had undertaken to preserve financial flexibility during the pandemic, it failed to disclose that Cheesecake Factory already had informed its landlords that it would not pay rent in April due to the impacts that COVID- 19 inflicted on its business."During the pandemic, many public companies have discharged their disclosure obligations in a commendable manner, working proactively to keep investors informed of the current and anticipated material impacts of COVID-19 on their operations and financial condition," SEC Chairman Jay Clayton said. "As our local and national response to the pandemic evolves, it is important that issuers continue their proactive, principles-based approach to disclosure, tailoring these disclosures to the firm and industry-specific effects of the pandemic on their business and operations. It is also important that issuers who make materially false or misleading statements regarding the pandemic's impact on their business and operations be held accountable."Cheesecake Factory had notified its landlords that it wouldn't pay rent on April 1 due to financial complications stemming from the coronavirus outbreak. A letter sent by Chief Executive David Overton to the restaurant group's landlords -- many of which are shopping mall operators -- was released publicly in March by Eater L.A.The company has 294 restaurants in North America, 39 in California and five in San Diego County.Its largest landlord is Indianapolis, Indiana-based real estate company Simon Property Group, which provides space for 41 Cheesecake Factory locations, according to the San Fernando Valley Business Journal."When public companies describe for investors the impact of COVID-19 on their business, they must speak accurately," said Stephanie Avakian, director of the SEC's Division of Enforcement. "The Enforcement Division, including the Coronavirus Steering Committee, will continue to scrutinize COVID- related disclosures to ensure that investors receive accurate, timely information, while also giving appropriate credit for prompt and substantial cooperation in investigations." 3725

LOS ANGELES (CNS) - An autopsy could be conducted as early as Monday on award-winning former USC offensive lineman Max Tuerk, who died while hiking with his parents on a favorite trail in the Cleveland National Forest. He was 26.Tuerk was pronounced dead at 3:14 p.m. Saturday at Mission Hospital in Mission Viejo, according to Supervising Deputy Orange County Coroner Erica Arellano. There was no immediate indication of an apparent cause of death, Arellano said.Tuerk was the first-team All-Pac-12 center as a junior in 2014. He started the first five games at center in 2015, then tore ligaments in his right knee and underwent season-ending surgery. Despite the injury, he won USC's Most Inspirational Player Award.Tuerk was a captain both of his final two seasons with the Trojans.Tuerk started USC's final five regular-season games at left tackle as a freshman in 2012 and at left guard in its 21-7 loss to Georgia Tech in the Sun Bowl.Tuerk started 13 games at left guard and one at right tackle in 2013, receiving All-Pac-12 honorable mention."Heartbroken by the loss of Max Tuerk," Trojans coach Clay Helton tweeted. "Incredible person, teammate, and Trojan. Our thoughts and prayers go out to his family."The 6-foot-5, 298-pound Tuerk was chosen by the San Diego Chargers in third round of the 2016 NFL draft, the 66th overall selection. He was inactive for all 16 of the team's games in 2016, their last in San Diego.Tuerk was suspended by the league on Aug. 22, 2017, without pay for the first four games of the regular season, for violating the NFL policy on performance-enhancing substances."This off season, I made the mistake of taking over-the-counter supplements," Tuerk said. "In doing so, I opened myself up to the possibility of consuming a tainted supplement -- something that ultimately led to a positive test for a banned substance."I accept responsibility for my actions and understand the NFL's policy is very clear on this matter. This is a very hard way to learn a lesson and I will never make this mistake again."The Chargers issued a statement saying they "respect and support the league's decision on this matter. While disappointed, we appreciate that Max has accepted responsibility and are confident that he understands what is expected from him moving forward."The Los Angeles Chargers waived Tuerk on Oct. 3, 2017, one day after he became eligible to return to their active roster because the team was "pleased with the guys that we have," coach Anthony Lynn said.The Chargers signed Tuerk to the practice squad Oct. 26. The Arizona Cardinals signed Tuerk off the Chargers' practice squad on Nov. 6, 2017. He played in his lone NFL game on Dec. 24, 2017. He was released by the Cardinals on April 12, 2018.Tuerk was an alumnus of Santa Margarita High in Orange County's Rancho Santa Margarita and was selected to various All-America teams as a senior in 2011."Max loved his teammates, coaches and schools," his family said in a statement. "Max was a loving son and older brother and his passing leaves a giant hole in our hearts. His strength and work ethic is an inspiration to many." 3129

LOS ANGELES (AP) — After weeks of stressing education over enforcement, California communities are issuing fines and relying on anonymous tips to make sure businesses and residents are complying with health orders amid the coronavirus pandemic. Los Angeles County, the state’s most populous, is averaging 2,000 reports a week on its tip lines with complaints ranging from a lack of hand sanitizer to improper cleaning of workplace bathrooms. California on Thursday reported nearly a half-million confirmed virus cases since March, the most in the nation, and 391 deaths were tallied over the last two days, the highest since the start of the pandemic. 659

LOS ANGELES (AP) — Mayor Eric Garcetti conceded that Los Angeles reopened too quickly and again warned that the city was “on the brink” of new shutdown orders as the coronavirus continues to surge in California. Appearing on CNN, Garcetti was asked about an LA Times editorial that criticized the rapid reopening of California — which was followed by a spike in new COVID-19 cases. Garcetti said the decisions were made at the state and county levels. He added that LA officials wouldn't hesitate to implement new stay-at-home orders if the numbers don't turn around. California reported Saturday its fourth-highest daily total of new confirmed cases. 659