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SAN DIEGO (CNS) - A judge took under submission today a motion by the federal government to dismiss a lawsuit filed by the cities of Imperial Beach and Chula Vista and the Port of San Diego, alleging that the International Boundary and Water Commission is violating the Clean Water Act by not doing more to prevent Tijuana sewage from flowing into San Diego area waters.The federal government maintains that the IBWC isn't legally responsible for the sewage flowing into U.S. waters from Mexico.But the plaintiffs claim that since the IBWC oversees a flood control channel that redirects the Tijuana River on its way to the Pacific Ocean, as well as water- capture basins in five canyons along the border, the agency is responsible for the sewage that gets through those systems.RELATED: Imperial Beach businesses hurt by sewage & runoff related closuresImperial Beach Mayor Serge Dedina, who has led the fight to against the IBWC since his city was hit with millions of gallons of raw sewage in February 2017, said it was heartening to hear U.S. District Judge Jeffrey Miller say he might go to the South Bay to see first-hand how the situation is being handled.Dedina said the plaintiffs got a fair hearing. "(It was) a very emotional morning for me," Dedina said outside court. "(I have) vivid memories of taking my kids to the emergency room. We have little kids here. Our kids are getting sick. Our lifeguards are getting sick. It's been a long road and a really tough fight, and it really meant a lot to me that members of our community were here to support that. And I'll tell you what, if our city council and our city ... have to crawl on broken glass through garbage to fight for this, we will do that. We will never rest until we have clean water and that's why we're here."RELATED: Surfrider Foundation announces intention to sue over toxic Tijuana River sewage spillsThe judge did not indicate when he would rule on whether the lawsuit can go forward. 1982
SAN DIEGO (CNS) - A motorist who allegedly struck and gravely injured a bicyclist near Lindbergh Field last month, then fled San Diego and was arrested in Kern County, pleaded not guilty Monday to a felony hit and run charge.Mauricio Flores, 29, is accused in the Aug. 21 crash at India and West Washington streets that seriously injured a 66-year-old man.The victim was hospitalized with what police at the time said was a life-threatening head injury. His current condition is unknown.Police said Flores was driving a 2005 Dodge Caravan that struck the victim.Video footage shot by a witness shows the driver of a van, which had Georgia license plates, pulling to a stop following the collision and getting out along with a female passenger, identified by police as 50-year-old Jessica Bailey.In the video, the pair walked over to the where the injured man was lying on the side of the road. After looking at him for few moments, the driver pulled the bent bicycle out from under the front of the van and set it aside, then got back into the vehicle along with his companion and drove off. A second, male passenger also was seen getting out of the van in the video, but he was not identified by police.About one week after the crash, San Diego police posted Flores and Bailey's names and pictures online and asked for the public's assistance in locating the suspects.According to the California Highway Patrol, an off-duty Kern County CHP officer who had seen a flyer about the hit-and-run case came across the Caravan while riding his motorcycle in Lake Isabella, an unincorporated community about 35 miles northeast of Bakersfield.The officer reported the van, which had California government-agency license plates.Three days later, another CHP officer spotted the van -- now bearing Vermont plates -- in a parking lot outside a Vons store in the area and called in sheriff's deputies, who found Flores and Bailey and arrested them, CHP spokesman Robert Rodriguez said.Flores was booked Sept. 3 into a San Diego County jail and remains held on 0,000 bail following his Monday morning arraignment. His next court date is a Oct. 6 readiness conference.Jail records do not indicate Bailey is in custody, and it is unclear what charges, if any, she may face. 2269

SAN DIEGO (CNS) - A man was struck and killed Sunday morning by a hit- and-run motorist in an SUV, in the Sherman Heights community of San Diego, a police officer said.The vehicle was going eastbound in the No. 1 lane in the 1800 block of Market Street, where a pedestrian was standing in the street or crossing Market Street at 1:55 a.m., said San Diego police officer Robert Heims.The vehicle struck the pedestrian and dragged him for approximately 100 feet eastbound on Market Street, Heims said.The motorist fled the location eastbound on Market Street and the pedestrian was pronounced dead at the scene.The vehicle was possibly a silver GMC Envoy or similar model, with front end damage.Anyone with any information regarding the death was asked to call Crime Stoppers at 888-580-8477. 798
SAN DIEGO (CNS) - Nearly half of San Diego County's 1.95 million voters have cast their ballots in the Nov. 3 election, the Registrar of Voters reported Thursday.More than 937,000 ballots had been received as of Thursday, according to the registrar's office.Mail-in ballots were sent to all registered voters in the county on Oct. 5, even those who had not requested one.Ballots received by the registrar's office this week should be processed in time for the first release of election night results to be posted shortly after 8 p.m. Tuesday.Voters can return their marked ballot in the pre-paid postage envelope to any U.S. Postal Service office or collection box. The Registrar of Voters office in Kearny Mesa is open for early voting from 8 a.m. to 5 p.m. on weekdays for those preferring to vote in person.Voters additionally have the option to drop off their ballot at one of 126 drop-off locations around the county -- including dozens of libraries, YMCAs, county offices and The Old Globe Theater in Balboa Park.Voters also can also cast their ballots at their assigned polling place, 8 a.m. to 5 p.m., from Saturday through next Monday. All polling places will again be open on Election Day, when the voting hours change to 7 a.m. to 8 p.m.An in-person voting location tool can be found on the county's voting website, SDvote.com.Due to the COVID-19 pandemic, the registrar's office encourages older adults and people with underlying medical conditions to avoid long lines and crowded polling places by voting early.Registrar Michael Vu said his office is working with county public health services to ensure the health and safety of election workers and voters. Personal protective equipment and sanitation supplies will be provided to staffers so they can conduct the election process safely.Voters casting ballots in person are instructed to bring a face mask and plan to maintain social distance."We encourage voters to act early and make voting decisions from the comfort and safety of their home," Vu said. "Mark your ballot, sign, seal and return your mail ballot to a trusted source. The sooner we receive your ballot, the sooner we can start processing it so it will be counted right when the polls close at 8 p.m. on Nov. 3."Locations of vote centers were chosen and configured to allow for queuing and voting while maintaining six feet of social distance. Masks will be required inside, but residents unable or unwilling to wear them will be allowed to vote curbside.Officials noted that the need to social distance may create longer lines than usual at in-person locations. 2601
SAN DIEGO (CNS) - A North Carolina man who raped and murdered a 79- year-old woman in her Normal Heights home more than three decades ago was sentenced Friday to life in prison without the possibility of parole. Kevin Thomas Ford, 63, was convicted by a San Diego jury last month for the May 20, 1987, murder of Grace Hayden, who was strangled and smothered during the rape, according to Deputy District Attorney Valerie Summers. The prosecutor said Ford worked as a driver for older medical patients in San Diego and had driven Hayden two days before her body was found on the floor of her bedroom. DNA on the victim's body, as well as a fingerprint found on her stovetop led to Ford's 2018 arrest in North Carolina. Jurors deliberated for about five hours before convicting Ford of murder and special circumstance allegations of murder in the commission of rape and murder in the commission of a burglary. RELATED: Testimony wraps in trial of 1987 rape, murder of Normal Heights womanFord claimed to have had consensual sex with Hayden on or around the day she was killed, but maintained at trial and the sentencing hearing that someone else killed her after he left her home. At Friday's sentencing, Ford addressed the court, saying he sympathized with Hayden and her family and couldn't imagine if something similar had befallen his mother or grandmother. ``I can't imagine what it's like, having to go through what Grace Hayden went through. It must have been a night of sheer terror,'' Ford said. “But the police got the wrong man. Whoever did this is either dead or still running around free. I didn't do it. God knows I didn't do it.'' San Diego County Superior Court Judge Louis R. Hanoian expressed his disappointment with Ford's denial of the crime, calling the killing ``despicable'' and ``heinous,'' prior to imposing the life without parole sentence. ``You have to be the most unlucky person on the planet, maybe the most unlucky person who has ever lived on this planet, to have supposedly engaged in consensual sexual intercourse with a 79-year-old invalid woman, left your biological material in her, and then within -- 12 hours? -- that woman is found dead as the result of a rape murder that you didn't do?'' Hanoian said. ``The jury didn't believe it. I didn't believe it. I don't believe it.'' RELATED: Man pleads not guilty in 1987 rape, murder of San Diego womanSummers told jurors in her closing argument that injuries to Hayden's face and the back of her head indicated a ``horrible struggle.'' The victim asphyxiated from a dislodged lower denture, which is believed to have come loose during the attack. ``The final moments of this woman's life, which should have been in peace, were violent, sexually violent, and just nothing but pure terror,'' the prosecutor said. Summers said the defendant told investigators he didn't know Hayden, then testified at trial that he had lied because he didn't want to get in trouble. He also wrote a letter to his wife stating he thought he might be arrested someday, but ``I didn't know how good their evidence was,'' according to Summers, who told the jury, ``Well, now he knows, as do you.'' Summers also called Ford's claim of consensual sex a ``ridiculous story,'' particularly given Hayden's mobility issues. Defense attorney Courtney Cutter alleged the prosecution ignored the presence of a second man's DNA on vaginal swabs of the victim. The identity of the second DNA contributor remains unknown. The attorney also argued that Ford's fingerprints were nowhere else to be found in Hayden's home, not even on items the perpetrator apparently rifled through to steal, including Hayden's purse and pill bottles. 3688
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