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VISTA, Calif. (CNS) - A verdict has been reached in the trial of a woman and her gun instructor who are accused of carrying out a plan to kill the woman's estranged husband.A jury has found Diana Lovejoy, 44, guilty of conspiracy to commit murder and attempted murder. Welcon McDavid Jr. was also found guilty of conspiracy to commit murder, but the reading of the verdict had to be postponed because Lovejoy passed out. Lovejoy and McDavid Jr. were charged with conspiracy to commit murder and attempted murder in the Sept. 1, 2016, attack on 45-year-old Greg Mulvihill, who was wounded in the 11 p.m. shooting in Carlsbad.Police allege Lovejoy and McDavid planned the crime and that the latter - - who worked at a gun range where Lovejoy was taking marksmanship lessons -- called the victim, arranged to meet him in the alley and opened fire on him with a rifle while hiding in a patch of bushes.Court records indicated Lovejoy and Mulvihill were in the midst of a contentious divorce, and that she had obtained a restraining order against him on accusations of emotional and sexual abuse.Mulvihill took the stand during the trial and described the moments leading up to him being shot, saying he didn't realize he'd been shot right away and, at first, he thought he felt something in his back even though he could see the shooter in front of him.Mulvihill testified about a bitter custody battle with his estranged wife.Mulvihill said he went up a remote trail in Carlsbad out of desperation, fearing Lovejoy would reopen their custody battle. He took a friend, a flashlight and a small aluminum baseball bat, but he thought he was picking up documents from a private investigator.Instead, as he approached the spot off Rancho Santa Fe Road and Avenida Soledad, he shined his flashlight around and spotted someone dressed in camouflage pointing a long gun right at him.Before he knew what was happening, Mulvihill said he was hit once in the side, the bullet exiting out his back. McDavid faces 50 years to life behind bars, and Lovejoy could be sentenced to 25 years to life.After court, the jury foreperson, Erin Reed,  told reporters the defense version of the shooting "seemed too far-fetched." 2224

VISTA, Calif. (CNS) - The Vista Unified School District fully reopened its schools Tuesday morning, becoming one of the first in the region to do so, even as San Diego County appears poised to slip back toward more restrictive COVID-19 tiers as infections surge.The district, which has 29 elementary, middle and high schools, eschewed the more cautious measures some other school districts are taking, moving into its "Phase 3" reopening plan. The plan, "Vista Classic" allows every school in the district to reopen at full capacity. Parents and guardians will still be able to keep students in "Vista Virtual," the district's distance-learning program, if they so choose.The district said it will attempt to have social distancing as much as possible but will allow as many as 38 students in a single classroom, so desks will not be spaced six feet apart.ABC 10News was at Vista High School as, for the first time in more than seven months, students with backpacks were seen walking to school.Some students told ABC 10News they with had mixed reactions to coming back.One Vista High student said, “I’ve been wanting to come back because I miss going out and interacting with people.”Another student added, “I don’t want to catch the virus and spread it to my family.”A rally last Thursday by teachers and parents at Foothill Oaks Elementary School attempted to dissuade the Vista Unified School Board from reopening Tuesday, with many educators believing the safety measures inadequate.According to KPBS, plexiglass barriers were not provided to teachers. Instead, they were given PVC pipes and plastic liner to create makeshift protection from students returning to in-person learning.Keri Avila, president of the Vista Teachers Association, said on the first day back they’re already seeing issues that need to be addressed to ensure that everyone stays safe.“The problem is it’s not equitable throughout the district. What other classrooms have others don’t have. And we just want the safety for all of our members and students,” Avila said.The reopening of the Vista district comes as the county is expecting to receive bad news about its reopening status with the California Department of Public Health. Rising case numbers could tip the region into the "purple" tier, the state's most restrictive, as soon as next week. The state's plan requires a county to post statistics in a lower tier for two consecutive weeks before it is moved down.Avila told ABC 10News that if the county moves into the purple tier, there are plans for a special board meeting where they will discuss the situation. 2606

WASHINGTON (AP) — Chief Justice John Roberts spent a night in a hospital last month after he fell and injured his forehead.A Supreme Court spokeswoman confirmed Tuesday night that Roberts was treated at a hospital on June 21 for an injury sustained in a fall while walking for exercise near his home.The spokeswoman, Kathleen L. Arberg, said in a statement that Roberts' injury required sutures, and out of an abundance of caution, he stayed in the hospital overnight.Arberg also said it’s believed that the fall was likely due to light-headedness caused by dehydration.The Supreme Court’s statement followed initial reporting on the incident by The Washington Post, which received a tip.The Post reports that the 65-year-old judge suffered a fall at a Maryland country club and that his injuries were serious enough to require sutures. 844

VISTA, Calif. (KGTV) — The jury deciding former NFL star Kellen Winslow Jr.'s fate in a rape trial, sent a note to the judge asking two questions.The questions lending a window into what's happening as the jury continues deliberating.10News spoke with Defense Attorney Gretchen Von Helms, to gain insight.On the surface, the questions seem obvious: "The jurors could benefit from an explanation as to what being under oath means. Additionally, how we should follow the law and not what we think the law should mean."RELATED: Kellen Winslow Jr. rape trial: More accusers set to testify"Every fourth-grader knows what under oath is and so also, should we follow the rules? Yes, you're supposed to follow the law," Von Helms said.She said the note made her think the jury was not agreeing, "the jury's trying to be nice here and say there's one person who just doesn't want to follow the rules, that's what it sounds like."The first question, she said, could indicate questions the jurors have, "sometimes police officers have to take an oath to be a police officer and maybe they feel that the police officer didn't do their job and follow up correctly or maybe they feel that their definition of that oath is different from the jurors oath."In regards to the second question, she said "the gut versus law issue, they must follow the law, even if they don't like the defendant, even though some people may not want to convict him because he's a football legacy, you can't do that. You have to look at the evidence and make a determination, is there enough?"RELATED: Accusers set to testify in Kellen Winslow Jr. rape trialVon Helms said the most important take-away from the note and the time spent during deliberations is that it appears the jury is taking the case very seriously.She said the prosecution's job is to lay out the evidence so clearly that the jurors have no doubt on the verdict.She added, the more time they take to come to a decision, the more reasonable doubt there may be.Winslow faces three counts of felony rape, misdemeanors of sexual misconduct among other charges. 2096

VISTA, Calif. (KGTV) -- Californians are getting ready for a new set of businesses to reopen after June 12, 2020. Last Friday, the state released specific COVID-19 guidelines for several industries, including gyms, bars, and hotels. Vista Fitness owner Brian Belasco is setting up cones in his parking lot to create social distancing spots for his patrons. He's doing this well in advance of the state's gym reopenings on June 12."Being able to reopen means the world to us," Belasco said. Last Friday, Gov. Gavin Newsom released specific guidelines for the next group of industries allowed to reopen with modifications, no sooner than June 12, 2020. They include gyms, schools, film production, professional sports, bars and wineries, hotels, cardrooms, family entertainment, museums, and zoos. Since mid-March, Belasco said his trainers have been successfully teaching online workout classes. "We just finished a virtual challenge," Belasco said. "We had members losing up to 30 pounds in 28 days."But he said he is ready to see his members in person. "It's the camaraderie, especially times like right now, bringing people together that is our specialty," Belasco said. That is why he says he is implementing many of the State's new gym guidelines, which include:Limiting the number of members insideConducting temperature and health screenings upon entryStaggering lockers and machinesProviding disinfecting wipes or gel for hands and equipment No sharing water bottles or towelsWearing masksFor weeks, Belasco has been practicing these guidelines already with his coaches and volunteers. "They get called in one by one, temperature check, foot bath, hand sanitizer, and then they get pointed to their station, and they're all spread out in this room," Belasco said as he pointed at the mat in the middle of the gym. So when June 12 rolls around, Belasco said the new guidelines will seem like old news. "We've been ready. We've been researching. We have all of the supplies, and we are ready to go," Belasco said proudly. All businesses in this category will require the San Diego County Public Health Officer's approval before they can reopen. OPEN NOW:(San Diego County's list of businesses that are open now with modifications)Essential businessesRetailRestaurantsPlaces of WorshipHair Salons / BarbershopsTanning SalonsLandscape gardeningOutdoor museumCar dealers / WashesPet GroomingPeer Support Groups OPEN AFTER JUNE 12, 2020:(State's list of businesses that can reopen after June 12, 2020 with modifications)GymsSchoolsFilm and music productionProfessional Sport (with no spectators)Bars and WineriesHotelsCardrooms / Racetracks (with no spectators)Family entertainment (bowling, arcades)Museums / GalleriesZoos / AquariumsCLOSED:(Industries that still do not have State reopening guidelines available)Community PoolsNail / Facial SalonsSaunas / Steam roomsTattoo ParlorsMassage businessesMovie TheatersConcerts / FestivalsTheme ParksHigher Education 2971

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