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SAN BERNARDINO, Calif. (AP) — A jury on Monday recommended the death penalty for a Southern California man convicted of killing a family of four with a sledgehammer and burying their bodies in shallow desert graves.Jurors in San Bernardino made the recommendation for Charles "Chase" Merritt, 62, in a case that puzzled investigators for years after a couple and their two young sons vanished from their home in 2010. Their bodies were found three years later.Merritt supported his head on his fists and closed his eyes as the verdicts were read. He also spoke briefly to his attorney.He was convicted this month of the murders of his former business associate Joseph McStay, McStay's wife Summer, and their 4- and 3-year-old sons, Gianni and Joseph Jr.Merritt had pleaded not guilty and his lawyers didn't offer witnesses during the penalty phase of his trial, insisting he is innocent.San Bernardino County Superior Court Judge Michael A. Smith set a Sept. 27 hearing to formally sentence Merritt. He thanked the jurors after the verdicts were read, saying he knew the decision was "extremely difficult."Authorities said they believed Merritt killed the family as McStay was cutting him out of his business making and selling custom water fountains. When the family disappeared, there were no signs of forced entry at their San Diego County home and their car was found parked at a strip mall near the Mexico border.For years, no one could figure out what happened to them. In 2013, their bodies were found in shallow graves in the desert after an off-road motorcyclist discovered skeletal remains in the area. Authorities also unearthed a rusty sledgehammer that they said was used to kill the family.Merritt was arrested the following year. Authorities said they traced his cellphone to the area of the desert graves in the days after the family disappeared and to a call seeking to close McStay's online bookkeeping account. Merritt also had referred to McStay in the past tense during an interview with investigators.Authorities concede the case against Merritt largely focused on circumstantial evidence and that questions remain about what happened at the McStay home.During the trial's penalty phase, prosecutor Britt Imes asked jurors to consider any possible motive for the killing of two young boys, whether they could have been witnesses to the murder of their parents or simply victims of callous killings."There is no motive that can be ascribed to the killer of a 4-year-old and a 3-year-old that passes muster," he said.Merritt's attorneys didn't call any witnesses during the penalty phase, instead appealing to any lingering doubts jurors may have had about killings they say their client didn't commit."From the very beginning, this case screamed doubt," defense attorney Raj Maline told jurors. "This case is filled with unanswered questions."California has not executed anyone since 2006. Voters approved a ballot measure to speed up executions in 2016, but Gov. Gavin Newsom this year placed a moratorium on executions while he's in office. 3072
SAN DIEGO (CNS) - A flurry of businesses can reopen Friday throughout San Diego County, but community-transmitted COVID-19 outbreaks have activated one of the county's public health triggers, placing a pause on any additional openings allowed by the state.The county also reported 238 new cases of the illness on Thursday, a new daily high and one that moved the total number of cases in the county over the 10,000 milestone to 10,092. Another four deaths were reported Thursday, raising the total deaths related to COVID-19 to 331.These new cases comprise 2% of a new daily high of tests reported, 10,070, for a cumulative total of 254,391 tests since the pandemic began.The businesses scheduled to open Friday, including personal care businesses like skin care and waxing salons, tattoo parlors, massage therapists and nail salons -- will still be allowed to open, but San Diego County Supervisor Nathan Fletcher said any further openings allowed by Gov. Gavin Newsom wouldn't be implemented until numbers go down."We continue to implore the public to wear facial coverings and avoid having gatherings at your home," Fletcher said.The culprit in the county's pause action is the eight community- transmitted outbreaks San Diego County has recorded in the last week.As part of the 13 public health triggers announced earlier this month, the county could take industry-specific actions, pause all reopening efforts or even dial back reopenings if enough of the metrics rise above a certain threshold. The threshold for community outbreaks -- defined as three or more lab-confirmed cases from different households -- was seven or fewer in a week's span.The eight outbreaks from June 11-17 is the most in a one-week span since the pandemic began, eclipsing the previous high of six during the week of April 29-May 5.However, if no new outbreaks are reported Friday, three of those outbreaks will fall off the rolling seven-day period the county is monitoring, bringing the metric back to "green."The two outbreaks reported Thursday were at a campground and a social club. Fletcher did not report where exactly those were, or the previous outbreaks, saying doing so would "undermine" the county's cooperation from self-reporting businesses and other locations.Nolita Hall posted on its Facebook page that an asymptomatic employee had tested positive for COVID-19 and that the Little Italy restaurant would close until June 30 for deep cleaning. It was unclear as of Thursday if that restaurant was one of the community outbreaks reported, but Dr. Wilma Wooten, the county's public health officer, said the outbreaks reported at restaurants were only among staff.Fletcher said the county would increase "targeted enforcement" of businesses in violation of public health orders.Newsom announced Thursday that Californians would be required to wear masks in public. San Diego County as well, as eight other counties in the state, already had such orders in place.Exemptions include children under the age of 2, those with hearing disabilities or who work with those with hearing disabilities who need to see mouths to communicate, and those who otherwise have a medical issue that causes masks to pose a danger to their wellbeing.Masks are not needed in private transportation, at work when not interacting with the public or while exercising so long as a person can maintain social distancing.Wooten, with a nod to how long the COVID-19 pandemic could impact the region, said it may not be safe for people to have gatherings at their homes "until sometime next year," a far cry from the mid-March hopes of flattening the curve and ending the pandemic."With the reopenings, people think we can go back to the pre-COVID existence, and we cannot," she said.A total of 106 outbreaks of the illness have been tracked since the pandemic reached San Diego, with more than half currently inactive. Past community outbreaks have included church meetings, parties and a wedding.A proposal from Faulconer was announced Thursday aimed at creating more outdoor dining and retail space for San Diego businesses, which he says will help make up for revenues lost due to indoor restrictions put in place to slow the spread of COVID-19. It would have the city waive fees and fast-track permitting needed to expand businesses outdoors into parking lots, sidewalks and on-street parking spaces.New testing sites at the Spring Valley Library on Kempton Road and the Mira Mesa Senior Center on Mira Mesa Boulevard have joined nearly a dozen other sites where county residents can get tested for free.The county launched an interactive website earlier this week that allows residents to find COVID-19 testing locations near them. The website can be found at 211sandiego.org. 4755
SAN DIEGO (AP) — A military judge refused to dismiss the case against a decorated Navy SEAL charged with killing a wounded Islamic State prisoner in Iraq in 2017.Capt. Aaron Rugh (ROO) made the ruling Friday after previously removing the lead prosecutor who has been accused of misconduct.Defense lawyers argued for the case to be dismissed after discovering prosecutors secretly tracked their emails without court approval.RELATED:New date set for Navy SEAL murder trialMilitary judge releases Navy SEAL accused of murder before his trialRugh unexpectedly released Special Operations Chief Edward Gallagher from custody last week as a remedy for prosecutors interfering with his right to counsel.Gallagher is charged with premeditated murder in the stabbing of a teenage militant and with attempted murder in the shooting of two Iraqi civilians.He denies the charges and says disgruntled platoon members made the allegations because of his tough leadership. 966
SAN DIEGO (CNS) - A bicyclist riding with a group of cyclists was seriously injured Saturday when he was struck by a motorcycle in Pacific Beach, police said.The collision happened at 3:14 p.m. Saturday at the intersection of Ingraham Street and Reed Avenue, according to Officer John Buttle of the San Diego Police Department.A 23-year-old man riding a 2017 Harley Davidson Sportster was southbound in the 4200 block of Ingraham as a group of cyclists were eastbound in the 1500 block of Reed Avenue, Buttle said.The cyclists entered the intersection and the motorcycle struck one of them, a 49-year-old man, the officer said.The motorcyclist suffered road rash to his right leg, Buttle said. The bicyclist suffered a broken left femur and broken ribs. Medics took the cyclist to a hospital.Officers from the SDPD traffic division were investigating the collision, Buttle said.Ingraham was closed in both directions at Thomas and Oliver avenues and was expected to last a couple of hours, the SDPD said. 1012
SAN BERNARDINO (KGTV) - With their backs to the wall, facing elimination, an unforgiving heat, and trying to stave off fatigue from a rigorous schedule, the Park View Little League all-stars survived to play another game at the West Regional tournament in San Bernardino.Keyed by slugger Jose Mendoza and stellar pitching by Kainoa Baptista, the Green Monsters kept their postseason run alive while ending the Arizona Sunnyside Little League's hopes of advancing. The squad from Chula Vista defeated Sunnyside 9-5 in an elimination game Tuesday afternoon.PVLL, which suffered its first loss of the postseason on Monday, took an early 3-0 lead on a first-inning three-run blast to right center by Mendoza.The Southern California champs broke the game open in the third inning. Down two outs with runners on first and second, Aiden Skinner punched a deep single to right field scoring Jordan Bleisch.The long inning and blistering 108-degree heat seemed to wear down Arizona starting pitcher Cristobal Lorta. Lorta started struggling with his form allowing Park View to extend their lead 7-0 on two wild pitches with runners on third and an RBI single to Conner Alonzo.Sunnyside's decision to keep Lorta on the mound in the fourth inning backfired when the leadoff batter, Ivan Rodriguez Jr., ripped the first pitch down the left field line for a double. Lorta then hit Mendoza and Makai Corpuz with a pitch leading to two more runs later in the inning.Arizona's last-gasp effort in their final turn at-bat shrunk Park View's lead 9-5 on a two-run homer by Jovanni Toledo but PVLL closer Atticus Gates to force a pop fly to left field for the final out.The Green Monsters won't get much time to enjoy their victory. After playing three consecutive days in triple-digit heat, PVLL will return Wednesday night at 7 p.m. to face either Tri-City Little League of Northern California or Dixie Little League of St. George, Utah, in another elimination matchup.Park View may be favoring a match up against Tri-City. The Green Monsters defeated the Northern California champs in a 16-8 rout that saw a grand slam and a pair of back-to-back homers from Rodriguez and Mendoza. The winner of the West Regional advances to Williamsport, Pa., for the Little League World Series, which runs Aug. 16-26.10News' Jermaine Ong contributed to this report.-------------------------------------------NOTES 2477