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SAN DIEGO (CNS) - A man who beat his estranged wife to death with a commemorative baseball bat as she delivered food to him at his City Heights apartment was sentenced Friday to 16 years to life in state prison.Dana Marion Davis, 56, pleaded guilty at an earlier hearing to second- degree murder in the death of April Davis, his spouse of more than 30 years and the mother of his six children.The defendant beat the 51-year-old victim with a wooden bat on the afternoon of Oct. 7, 2017, then prevented a family member and police from entering the apartment, said Deputy District Attorney Stephen Marquardt. When officers finally gained entry, she was found dead on the floor.Davis told Judge Michael Smyth that he was remorseful for killing the mother of his children."She didn't deserve this," the defendant said before he was sentenced.To his children -- three of whom were present in court -- Davis said, "I am deeply sorry for the pain I have caused you."A psychologist determined the defendant suffered childhood development trauma that affected his relationship with his wife, Deputy Public Defender Amy Hoffman told the judge.When talking to police after the murder, Davis was "clearly in shock" as to what happened, Hoffman told the judge. The attorney said alcohol was involved in the fatal encounter.According to Marquardt, the defendant was on probation for domestic violence when he killed his wife. The two had been living apart.The prosecutor said the defendant had been violent with the victim in the past, having been convicted of misdemeanor domestic violence in 1994 and 2016.When the defendant was convicted of punching his wife in the head in 2016, he was also prosecuted for choking his teenage daughter, Marquardt said. 1749

SAN DIEGO (CNS) - As his trial entered its eighth week, a man who shot at officers from his ex-girlfriend's condominium in Bankers Hill pleaded guilty to four counts of assault with a firearm on a peace officer and agreed to a 20-year prison sentence, it was confirmed Thursday.Titus Colbert, 36, faces formal sentencing May 18 before Judge Louis Hanoian.Deputy District Attorney Michael Runyon was about to wrap up his case when Colbert decided to plead guilty Monday afternoon.Charges of premeditated attempted murder of a peace officer and assault with a semiautomatic weapon were dismissed.RELATED: Suspect in Bankers Hill standoff that shut down Lindbergh Field in courtRunyon said in his opening statement that Colbert took two rifles and a revolver belonging to his roommate in Las Vegas and showed up at his former girlfriend's condo in Bankers Hill a few days before his Nov. 4, 2015, arrest.According to Runyon, the morning of the shooting, Colbert's ex- girlfriend Ashley Davies realized that he'd had broken into her complex and sent him a text saying: "You're trespassing! You're going to jail!"Colbert responded by texting, "(Expletive), I'm going to be a star. (Expletive) you for putting my life in danger," the prosecutor said.When officers responded to Davies' sixth-floor condo near the roof of the complex, a shot rang out from behind her door and an officer returned fire, according to Runyon.The prosecutor said officers retreated and more shots were fired at them and members of a SWAT team.Hours later, police observed a rifle, revolver and a magazine for a rifle being thrown out of the window where Colbert was holed up, Runyon said.After Colbert's arrest, officers found 17 expended casings and another rifle under a pile of clothes in the room, the prosecutor said.Even though traces of cocaine and methamphetamine were found in Colbert's system, and even though he had a history of mental health issues, the defendant knew what he was doing that day, Runyon said.Defense attorney Melissa Tralla told the jury that Colbert had a psychotic break and was paranoid and delusional. She said that days before, Colbert had called Davies at least 50 times and was not acting right.Colbert was rambling, saying he had special powers and was part of the New World Order, Tralla said.The attorney said Colbert was showing signs of mental illness by age 6, and was diagnosed with schizophrenia by age 15. Tralla told the jury that Colbert did not intend or plan to kill officers that day. 2518

SAN DIEGO (CNS) - A regional stay-at-home order in effect in San Diego County and across Southern California due to surging COVID-19 hospitalizations is expected to be formally extended Tuesday, continuing a ban on all gatherings of people from different households and strict capacity limits at many businesses.The order, which covers an 11-county Southern California area, took effect at 11:59 p.m. Dec. 6 and was set to expire Monday. But with the region's intensive-care unit capacity at hospitals still effectively listed at 0%, Gov. Gavin Newsom said the order is all but certain to be extended."It is clear and understandable that it's likely those stay-at-home orders will be extended," Newsom said.A formal announcement had been expected Monday, but Newsom said the state was still compiling hospital and case data, and completing hospital-demand projections for the next four weeks."When we conceived of this framework, we are looking at projections four weeks out," he said. `We are looking at current case rates, positivity rates, looking at the community surveillance that we're doing and anticipating abased upon our modeling where that growth will be over a four-week period.He noted, however, that based upon large number of people who appeared to have ignored warnings against travel over the Christmas holiday -- and those who will likely so do over the upcoming New Year's holiday, the state is bracing for a "surge on top of a surge, arguably on top of, again, another surge."He said the official announcement on extending the order will be made Tuesday by Dr. Mark Ghaly, the state's Health and Human Services secretary.Newsom noted that COVID hospital admissions have begun to plateau across much of the state -- with the exception of Southern California, with Los Angeles, Riverside and San Bernardino counties continuing to be the hardest hit.Los Angeles County has rapidly become the epicenter of the pandemic in the state, with the state reporting more than 7,100 COVID-19 patients in hospitals, including more than 1,400 in intensive-care unit beds. Newsom said 96% of Los Angeles County hospitals diverted ambulances to other facilities at some point over the weekend due to overcrowding in emergency rooms -- up from a normal average of 33% of hospitals going on diversion.According to the governor, Los Angeles County hospitals on average spent 16 hours on diversion over the weekend, unable to find space for emergency patients.The Southern California region covers Los Angeles, Orange, Riverside, San Diego, Imperial, Inyo, Mono, San Bernardino, San Luis Obispo, Santa Barbara and Ventura counties. Most broadly, the order bars gatherings of people from different households.Under the order, the following businesses/recreational facilities were forced to close:-- indoor recreational facilities-- hair salons and barbershops-- personal care services-- museums, zoos, and aquariums-- movie theaters-- wineries-- bars, breweries and distilleries-- family entertainment centers-- cardrooms and satellite wagering-- limited services-- live audience sports-- amusement parksSchools with waivers can remain open, along with "critical infrastructure" and retail stores, which will be limited to 20% of capacity. Restaurants are restricted to takeout and delivery service only. Hotels are allowed to open "for critical infrastructure support only," while churches would be restricted to outdoor only services. Entertainment production -- including professional sports -- would be allowed to continue without live audiences.Four of the five regions carved out by the state are under stay-at-home orders, covering 98% of the state's population. Only far northern California is not under a stay-at-home order.The order was triggered in each area when the region's ICU bed availability dropped below 15%. In some counties, the official ICU bed availability of 0%. That percentage does not mean that there aren't any ICU beds available, since the state adjusts the number based on the ratio of COVID- 19 patients being housed in the units.Newsom again had harsh words for counties and county officials who continue to "thumb your nose" at health orders. He singled out Riverside County, where Sheriff Chad Bianco has publicly criticized Newsom and said his agency would not be "blackmailed" into becoming an enforcement arm of state health officials.Newsom has said repeatedly that counties that don't adhere to health restrictions would lose state funding."We're in the midst of a pandemic," Newsom said. "I don't know what more evidence you need, particularly, as highlighted, Riverside County is experiencing what they're experiencing in ICUs and hospitals and lives lost. I mean, what more evidence do you need that trying to enforce good behavior will actually save lives? It's a noble and right thing to do. To dismiss as many have in the past and some of the same folks ... some still holding onto this as a hoax or face coverings don't matter. ... They're not helping. They're not advancing that cause, and so we will be assertive as we have been, we will be aggressive, as we have been."Bianco, in a video message posted online earlier this month, called state health mandates "flat-out ridiculous," while calling Newsom's stances hypocritical in light of his criticism of the federal government for withholding funds from states, and following Newsom's well-publicized attendance at a dinner party in spite of his own regulations against such gatherings.Bianco told residents in his message to wear a mask and practice social distancing, but said, "While the governor's office and the state has threatened action against violators, the Riverside County Sheriff's Department will not be blackmailed, bullied or used as muscle against Riverside County residents in the enforcement of the governor's orders." 5843

SAN DIEGO (CNS) - Health officials Wednesday confirmed the first influenza- related death of the 2019/2020 flu season in San Diego County.The county's Health and Human Services Agency reported that a 74-year- old Chula Vista man died Aug. 15 due to complications from Influenza B. The man, whose name was withheld, also had additional medical issues, according to county health officials.The county tracks flu activity year-round during each flu season, which corresponds with the county's fiscal year from July 1 to June 30. Health officials didn't confirm the first flu death in each of the last two flu seasons until October.RELATED: San Diego County records second case of measles this year"Influenza deaths can occur at any time since influenza circulates throughout the year," said Dr. Dean Sidelinger, the county's interim deputy public health officer. "The elderly, pregnant women and those with underlying medical conditions are at higher risk of developing complications from influenza."Since July 1, health officials have confirmed 106 flu cases throughout the county. At this time in the last two flu seasons, officials had confirmed just 26 cases in 2018 and 114 in 2017. The 2017/2018 flu season resulted in 342 flu-related deaths, the most since the county began tracking flu data nearly 20 years ago.The season's flu vaccine will not be widely available around the county until September, according to local officials. Certain local pharmacies and health clinics may have the vaccine before then, however. Residents can check if the vaccine is available near them by searching their ZIP code at cdc.gov/flu/freeresources/flu-finder-widget.html.County health officials and the Centers for Disease Control and Prevention strongly advise the annual flu vaccination for everyone 6 months and older, especially in demographics with a heightened risk of serious complications.Residents can take precaution against contracting the virus by frequently washing their hands, cleaning commonly touched surfaces and avoiding contact with sick people."It's important to practice good hand hygiene and stay home if you are sick to avoid infecting others," Sidelinger said. "People should cover their mouth when causing and sneezing to prevent the spread of germs." 2274

SAN DIEGO (CNS) - Four local restaurants and gyms are suing the state and county over its coronavirus restrictions as a shutdown of indoor operations looms for many county businesses.The lawsuit was filed Thursday in San Diego Superior Court on behalf of Cowboy Star Restaurant and Butcher Shop, Home & Away Encinitas, Fit Athletic Club and Bear Republic.The suit comes as San Diego County is slated to shut down indoor operations for nonessential businesses at midnight due to its recent entry into the most restrictive, purple tier of the state's coronavirus reopening plan.The businesses allege that San Diego's increased case numbers are not a result of exposures at restaurants, gyms and other types of businesses that will be impacted by the impending closures. The lawsuit cites recent figures indicating restaurants/bars, retail businesses, places of worship, schools and gyms make up a small percentage of confirmed community outbreaks.San Diego County Public Health Officer Dr. Wilma Wooten recently submitted an adjudication request to the state seeking to have San Diego County remain in the red tier. The request was rejected by the state last week."Penalizing the impacted sectors for case increases is wrong, as these sectors continue to do the right things, while trying to weather the ongoing pandemic and the back forth of reopenings," Wooten's request states.The businesses allege in their complaint that they may be forced to shut down permanently if the shutdown is not averted. Each business said it has had to undergo significant closures due to the pandemic, despite abiding by public health orders and implementing safety measures to remain in compliance with the orders. 1708

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