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SAN DIEGO (CNS) - A 19-year-old accused in the fatal beating of a 56- year-old man near a pedestrian bridge behind Petco Park was ordered Friday to stand trial on a murder charge, though a torture count was dismissed by a judge.Dominick Wells is accused in the Nov. 18, 2018, beating of Edward Starland, who was left comatose following the attack allegedly perpetrated by Wells and four juveniles. The juveniles -- two girls and two boys -- face unspecified charges in an ongoing juvenile court case.Witnesses said Starland had been fighting with a group of young people the afternoon of Nov. 18 before he was thrown down and beaten. When witnesses started yelling at the attackers to stop, they fled east on Imperial Avenue, police said.RELATED: Man dies after attack near Petco Park; four teens arrestedStarland never regained consciousness and was placed on life support. He died Dec. 3 at Scripps Mercy hospital.A cell phone video recorded by a bystander was shown during Wells' preliminary hearing and captures Starland, Wells and the juveniles exchanging words, none of which can be heard in the video. At some point, both men grab objects to seemingly defend themselves. Wells picks up a broomstick, while Starland lifts a bicycle over his head.Starland later tosses the bike to the ground, and is then knocked down by Wells and the juveniles, who begin punching and kicking him as he's on the sidewalk.RELATED: No charges filed against teen charged in Petco Park beatingWells' attorney, Stewart Dadmun, argued that Starland was the aggressor. The attorney said Starland made lewd comments to a 14-year-old girl in Wells' group, then threatened Wells and the others with violence, including lifting the bicycle into the air with the intention of dropping it onto Wells' head.Dadmun argued that Wells only wanted Starland to leave them alone and that the victim had been harassing them for some time prior to the events shown in the video.Deputy District Attorney Mary Loeb argued that self-defense did not apply because Wells advanced upon Starland to knock him to the ground. She noted that after Starland tosses the bike to the ground, he appears to back up a few steps before being attacked.RELATED: Arrests made in attack near Petco Park that left man with serious injuriesA medical examiner testified that Starland's death was the result of a heart attack, which could have been caused by stress or trauma from the fight. He also suffered from cardiac disease, the examiner testified, which Dadmun argued made it unclear whether the heart attack could be definitely stated as a result of the altercation with Wells.Superior Court Judge Yvonne Campos said "both adults played a role in this."Though she found insufficient evidence to hold Wells on the torture count, Campos said she could not overlook the nature of what ensued after Starland was taken to the ground."Once the victim was down on the ground, the continuing rampage against him is not something I can set aside," the judge said.Wells remains held on million bail and is due to return to court May 23 for a Superior Court arraignment. 3120

SAN DIEGO — Governor's Gavin Newsom's order on Monday shutting down indoor operations at San Diego County gyms, hair salons, and malls set off a mad scramble. Businesses able to move outside had to figure out how to make it work - in order to make it through.North Park's Last Real Gym on University Avenue is one of them. On Wednesday, owner Frank Koll and a few of his staffers moved equipment out onto Iowa Street. It was the only way to survive - because Koll exhausted all of his Paycheck Protection Program funds that got him through the first shutdown."Closed again is something physically, financially and mentally something I can't do, and I won't do, so I will be like a chameleon and adapt to anything that this governor throws my way," Koll said. The gym moved the equipment on the sidewalk and also has an interior outdoor space to utilize. By Wednesday just after 12 p.m., a half-dozen people were working out on the sidewalk, including Felicia Brown, a regular who drives all the way from Spring Valley. "I think it's just businesses being creative and saying - 'You know what? We can't afford another shutdown for two, three, four months,'" she said. The county says impacted businesses are able to operate outside or under well-ventilated tents. That rule, however, doesn't apply to salons due to state regulation, which says they can only cut hair inside. The city of San Diego has acted to give restaurants and retailers more leeway to expand into the street. The governor has not given a date for when his latest restrictions will lift. 1566

SAN DIEGO (CNS) - A 21-year-old man who fatally stabbed a transient in Ocean Beach was sentenced today to 15 years to life in state prison. Noah Mitchell Jackson, 21, was convicted earlier this year of second-degree murder for the June 22, 2017, killing of 65-year-old Walter ``Ras'' Riley, an Ohio native nicknamed ``the Incense Man'' due to his practice of selling aromatic burning sticks at local farmers' markets. Officers sent just before 12:30 a.m. to the 1900 block of Bacon Street found Riley lying on the sidewalk with stab wounds to his upper body. He was pronounced dead at UCSD Medical Center. Deputy District Attorney Michael Reilly said the victim was stabbed five times, with the killing blow entering his back, breaking several ribs and puncturing his heart. RELATED: Police search for man suspected in death of homeless man in Ocean BeachJackson confessed to a friend that he stabbed Riley, according to the prosecutor, who said Jackson told the friend, ``I got that guy. I stabbed that (expletive).'' ``Those are the words of a murderer,'' Reilly told jurors. Reilly said that some time after the killing, Jackson had a friend drive him to Kellogg's Beach, where Jackson threw the murder weapon and his cellphone into the water. Police divers were not able to recover the knife or the phone. Jackson's attorney, Eugene Iredale, alleged the friend was pressured by police to incriminate Jackson and was offered immunity for his testimony in the trial. RELATED: Suspect in fatal Ocean Beach stabbing arrestedAccording to Reilly, Jackson told police that he was home and asleep by 9:30 p.m. the night of the stabbing, but later confessed to another friend that he lied to police and went back out to confront the victim, though he denied fighting or stabbing him. The prosecutor alleged that Jackson also told the friend that he ``handled'' the victim because Riley had previously spat on Jackson's sister and insulted her. However, Iredale denied this suspected motive, as he said his client had substance abuse problems that led him to make several ``completely random statements'' to friends following the date of the killing. The attorney said the spitting incident involving Jackson's sister never occurred and ``God only knows'' why Jackson said it had. Iredale said police originally had 20 to 30 suspects, but centered on Jackson due to a 911 call made about 90 minutes prior to Riley's stabbing. In that call, a recording of which was played for the jury, the mother of one of Jackson's friends said Jackson was at her home displaying erratic behavior and saying he wanted to commit suicide. He'd just gotten into an argument with his girlfriend, then left the house, she told a dispatcher. Iredale alleged the clothing description she provided police -- a white sweatshirt and jeans -- vaguely resembled the attire of a suspect captured on surveillance footage running through Ocean Beach following the killing. That footage was publicly released shortly after Riley's death. Iredale said the man in the footage was Riley's killer, but looked nothing like his client. Jackson was arrested in Huntington Beach in February 2018 by SDPD detectives with the help of local police and the U.S. Marshals Service. 3238

SAN DIEGO — The race to replace former Congressman Duncan Hunter in California's 50th Congressional District is in a virtual deadheat, according to a new scientific poll.The ABC-10News Union-Tribune SurveyUSA poll shows Republican Darrell Issa, a former congressman, leading Democrat Ammar Campa-Najjar 46 percent to 45 percent, within the 5.4 percent margin of error. “This poll I think is a shocker for many political observers, including myself,” said Thad Kousser, political scientist at UC San Diego. “You have an establishment, well-known candidate in Darrell Issa with proven fundraising ability in a district that until a couple years ago was the reddest district in California, so many people thought that by this time the real start of the campaign season Darrell Issa would have a huge lead over Ammar Campa-Najjar.”Hunter resigned in January after pleading guilty to a single felony conspiracy count. Federal prosecutors accused him and his wife Margaret of misusing 0,000 in campaign funds. Hunter, under indictment during the 2018 election, still defeated Campa-Najjar by 3 percentage points, or 9,000 votes in the 50th District, which leans Republican.Campa-Najjar is running in 2020 to take the open seat. He secured the most votes in the Super Tuesday primary against a split Republican field, with Issa coming in second. Still, the Republican votes combined outnumbered Campa-Najjar in the March primary. By registration, Republicans outnumber Democrats in the district by about 33 percent.Issa, a longtime veteran of the House of Representatives, last represented the coastal 49th District. He did not seek re-election in 2018 amid changing voter registration. He is now running to go back to Washington, D.C., in the 50th District, which extends from parts of El Cajon into southern Riverside County. Issa, a staunch ally of the president, expressed confidence in his campaign Tuesday."The policies of this president, this administration, are my policies," he said. "Free and fair trade, enforcement of the borders, a recognition that the constitution is as it is."Campa-Najjar, while a Democrat, said district voters are taking to his independent voice."I stand with the people of the 50th through thick and thin," he said. "When our back's against the wall, I'll have my back and I'll have their back. I won't care about the partisan stuff. I focus on my district every time."SurveyUSA posed the question of Issa or Campa-Najjar to 508 likely voters. Issa led by 21 points among men, while Campa-Najjar led by 18 points among women.The poll also showed Joe Biden leading Donald Trump in the race for president 48 to 45 percent. Trump won that district over Hillary Clinton by 15 points in 2016. 2729

SAN DIEGO (AP) — U.S. immigration authorities separated more than 1,500 children from their parents at the Mexico border early in the Trump administration, the American Civil Liberties Union said Thursday, bringing the total number of children separated since July 2017 to more than 5,400.The ACLU said the administration told its attorneys that 1,556 children were separated from July 1, 2017, to June 26, 2018, when a federal judge in San Diego ordered that children in government custody be reunited with their parents.Children from that period can be difficult to find because the government had inadequate tracking systems. Volunteers working with the ACLU are searching for some of them and their parents by going door-to-door in Guatemala and Honduras.Of those separated during the 12-month period, 207 were under 5, said attorney Lee Gelernt of the ACLU, which sued to stop family separation. Five were under a year old, 26 were a year old, 40 were 2 years old, 76 were 3, and 60 were 4."It is shocking that 1,556 more families, including babies and toddlers, join the thousands of others already torn apart by this inhumane and illegal policy," said Gelernt. "Families have suffered tremendously, and some may never recover."The Justice Department declined to comment.The count is a milestone in accounting for families who have been touched by Trump's widely maligned effort against illegal immigration. The government identified 2,814 separated children who were in government custody on June 26, 2018, nearly all of whom have been reunited.The U.S. Health and Human Services Department's internal watchdog said in January that potentially thousands more had been separated since July 2017, prompting U.S. District Judge Dana Sabraw to give the administration six months to identify them. The ACLU said it received the last batch of 1,556 names one day ahead of Friday's deadline.The administration has also separated 1,090 children since the judge ordered a halt to the practice in June 2018 except in limited circumstances, like threats to child safety or doubts about whether the adult is really the parent.The ACLU said the authorities have abused their discretion by separating families over dubious allegations and minor transgressions including traffic offenses. It has asked Sabraw to more narrowly define circumstances that would justify separation, which the administration has opposed.With Thursday's disclosure, the number of children separated since July 2017 reached 5,460.The government lacked tracking systems when the administration formally launched a "zero tolerance" policy in the spring of 2018 to criminally prosecute every adult who entered the country illegally from Mexico, sparking an international outcry when parents couldn't find their children.Poor tracking before the spring of 2018 complicates the task of accounting for children who were separated early on. As of Oct. 16, the ACLU said, volunteers couldn't reach 362 families by phone because numbers didn't work or the sponsor who took custody was unable or unwilling to provide contact information for the parent, prompting the door-to-door searches in Central America.Since retreating on family separation, the administration has tried other ways to reverse a major surge in asylum seekers, many of them Central American families.Tens of thousands of Central Americans and Cubans have been returned to Mexico this year to wait for immigration court hearings, instead of being released in the United States with notices to appear in court.Last month, the administration introduced a policy to deny asylum to anyone who passes through another country on the way to the U.S. border with Mexico without seeking protection there first. 3736