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SAN DIEGO (CNS) - A U.S. Army veteran pleaded not guilty in San Diego Wednesday to a pair of assault with a deadly weapon charges for allegedly stabbing an active-duty serviceman who, along with a friend, pointed out that the veteran's Private First Class badge was upside down on his uniform.Marc Dominguez, 42, who served in the Army in 2003 and 2004 as a Private First Class E-3, was ordered held on ,000 bail.Deputy District Attorney Kelly Rand told Judge Maureen Hallahan that Dominguez stabbed the active-duty serviceman and lunged at the victim's friend with a knife about 11:30 p.m. last Thursday at a Gaslamp Quarter bar after they questioned whether the defendant was in the military because a patch on his uniform was not attached correctly.The active-duty serviceman was stabbed in the head and bicep and sliced his fingers while trying to get the knife away from Dominguez, the prosecutor said. The other man wasn't hurt.Based on the prosecutor's statements in court, the judge found that Dominguez was a danger to the community and raised his bail from ,000 to ,000 and ordered him to stay away from the victims.A readiness conference was set for Nov. 28 and a preliminary hearing for Nov. 30.  1230

SAN DIEGO (CNS) - A San Diego federal judge refused Tuesday to release 34 "medically vulnerable" detainees from the Otay Mesa Detention Center, which has the largest COVID-19 outbreak among the nation's U.S. Immigrations and Customs Enforcement facilities.U.S. District Judge Dana Sabraw previously ruled that a group of medically vulnerable detainees be released, in respose to a lawsuit filed by the American Civil Liberties Union alleging that overcrowded conditions at Otay Mesa put detainees at serious risk of contracting the virus.More than 200 people have tested positive at the facility since the outbreak began, including 57-year-old Carlos Escobar-Mejia, who became the first ICE detainee to die from COVID-19 earlier this month.While most of those detainees have been released since Sabraw's ruling, ICE was allowed to review their criminal histories, and decided that 34 among them should remain in custody "based on defendants' determination that they pose a danger to the community," the judge wrote.Sabraw ruled that while Otay Mesa still has the largest virus outbreak in the nation, the reduction in the facility's population and other factors have likely reduced the risk for those still detained.Sabraw's ruling denying a request for a preliminary injunction indicates the facility is currently at 38% capacity, and that the 34 detainees at issue are spread out throughout the facility.The judge wrote that 30 of those detainees are in housing units with no positive cases, "a stark contrast to the situation that existed before the TRO issued, where medically vulnerable detainees were being housed throughout the facility with other detainees who had tested positive."Sabraw wrote that the remaining four detainees are in a unit that is at 12% capacity. Three of the four detainees tested positive for COVID-19 before his TRO order was issued, but have since recovered. The fourth detainee "may be at increased risk, but other factors mitigate that risk," Sabraw wrote.The judge said Otay Mesa has taken measures to mitigate the risk of further spread, including suspending new detainee admissions, screening people who enter the facility, increasing sanitation, providing masks to detainees and requiring employees to use personal protective equipment.Additionally, Sabraw wrote that unlike the detainees previously released, the government had additional interest in "protecting the community," when considering the 34 remaining detainees.Earlier this month, Sabraw also denied a request from the ACLU to release medically vulnerable U.S. Marshals Service inmates from the facility, citing a law that limits the ability for inmates in criminal custody to file lawsuits in federal court, placing certain restrictions on inmate release requests when it concerns the conditions of their detention. 2826

SAN DIEGO (CNS) - For the fifth day in a row, San Diego County public health officials reported a case rate of fewer than 100 positive COVID-19 tests per 100,000 people -- however, the state said it will have to review the data before removing the county from its monitoring list.Previously, county and state officials had said if the rate stays below 100 per 100,000 people (it was 91.9 Sunday) for three consecutive days, the county would officially be removed from that list. After an additional 14 consecutive days below that number, K-12 schools could potentially reopen for in-person teaching, depending on individual school district metrics.Some 48 elementary schools have filed waivers with the county to return to school early.That timeline is now uncertain, as are the specifics of reopening certain businesses for indoor operations.As the county awaits further guidance from Gov. Gavin Newsom, public health officials on Sunday reported 334 new COVID-19 cases and no new deaths as of Saturday, raising the county's totals to 34,678 cases, with the death toll remaining at 626.Of the 7,047 tests reported, 5% returned positive, maintaining the 14- day positive testing rate at 4.3%, well below the state's target of 8% or fewer. The 7-day rolling average of tests is 7,944 daily.Of the total positive cases in the county, 2,856 -- or 8.2% -- have required hospitalization since the pandemic began, and 715 -- or 2.1% -- were admitted to an intensive care unit.County health officials also reported three new community outbreaks, bringing the number of outbreaks in the past week to 24. The latest outbreaks were reported in a business, a restaurant and a restaurant-bar, according to the county Health and Human Services Agency.The number of community outbreaks remains well above the county's goal of fewer than seven in a seven-day span. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households in the past 14 days.Latinos are still disproportionately impacted by COVID-19, with that ethnic group representing 61.3% of all hospitalizations and 45.4% of all deaths due to the illness. Latinos make up about 35% of San Diego County's population.A new COVID-19 testing site began operating last week at the San Ysidro Port of Entry PedEast crossing, and County Supervisor Greg Cox cited its immediate success and demand for it.The free testing site will operate from 6:30 a.m. to noon Monday through Friday and will focus on testing essential workers and American citizens who live in Tijuana, according to San Diego County health officials.No appointments are necessary at the walk-up site, which aims to offer about 200 tests daily. People getting tested will not be asked about their immigration status or who lives with them, health officials said."We know that communities in South Bay have been hit the hardest by COVID-19," said Wooten. "The location was selected because of the increase in cases in the region and the number of people, especially essential workers who cross daily." 3073

SAN DIEGO (CNS) - A lawsuit has been filed against the San Diego Police Department on behalf of more than 100 local sex offender registrants who are challenging requirements that they must register in person during the coronavirus pandemic, while state and local governments ask that residents stay home to prevent the virus' spread.The lawsuit was filed by the Alliance for Constitutional Sex Offense Laws, which also filed similar lawsuits this week in Riverside and Sacramento counties.RELATED: Eight San Diego County residents arrested, accused of price-gouging during emergencyIt asks for a judge to issue an order halting the practice of having registered sex offenders appear in person at San Diego Police Department headquarters, and instead adopt video conferencing or telephonic updates, as implemented by the Los Angeles Police Department and other state agencies during the pandemic.Plaintiffs' attorneys say the registrants represented in the suit "have high-risk COVID-19 factors such as age and/or chronic diseases (diabetes, asthma and hypertension)."RELATED: Some San Diego jail inmates may be released early during pandemicPer the California Sex Offender Registration Act, offenders are required by law to provide periodic updates to local law enforcement regarding the registrant's personal information. Some registrants must update law enforcement every 30 days, while others must only provide annual updates.However, the lawsuit states that the act does not require registrants to appear in person to provide updates, except under very specific circumstances, and that in-person registration exposes them and the general public to the risk of spreading COVID-19.RELATED: San Diego sheriff seeks California's guidance on gun store operations amid outbreakThe plaintiffs allege that the police department has directed local registrants to appear in person, subjecting them to a "Catch-22," in that "they must either subject themselves to COVID-19 infection (in violation of a state order), or violate Section 290 by failing to appear in person, thereby inviting arrest and custody in jail or prison (where they risk of COVID-19 infection is much greater."An SDPD spokesman said the department could not comment as it is a pending lawsuit.The lawsuit cites Gov. Gavin Newsom's stay-at-home order, as well as local emergency declarations made by San Diego Mayor Kevin Faulconer and San Diego county officials, who also urged residents to stay home unless they need to go out for essential purposes. 2523

SAN DIEGO (CNS) - As San Diego County awaits guidance on the effects of its removal from the state's coronavirus watchlist, public health officials reported 291 new COVID-19 cases and eight additional deaths Saturday, raising the region's totals to 36,203 cases and 660 deaths.Four women and four men died, officials said Saturday. Their ages ranged from mid-40s to mid-90s. All had underlying medical conditions.The county was officially removed from the state's monitoring list Tuesday, setting in motion a 14-day countdown that could see K-12 students back in the classroom as soon as Sept. 1, depending on the decisions of individual school districts.However, 27 schools -- mostly private, religious schools -- have been approved for in-person learning by the county.The schools include Calvary Christian Academy, Francis Parker School, Chabad Hebrew Academy, San Diego French American School, La Jolla Country Day School and others. They were among nearly 50 schools that applied for a waiver to the county's public health guideline regarding in-person teaching.Of the 8,824 tests reported Friday, 3% returned positive, bringing the 14-day rolling average to 3.6%, well below the state's 8% guideline. The 7- day rolling average of tests is 7,292 daily.Of the total positive cases in the county, 2,961 -- or 8.2% -- have required hospitalization since the pandemic began, and 728 -- or 2% -- were admitted to an intensive care unit.County health officials reported no new community outbreaks as of Friday, bringing the number of outbreaks in the past week to 17.The number of community outbreaks remains well above the county's goal of fewer than seven in a seven-day span. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households in the past 14 days.County Supervisor Nathan Fletcher said he and other county officials were expecting to hear about the framework for reopening indoor businesses from the state next week."That doesn't mean we'll be able to open everything all at once," he said Wednesday. "We must be mindful. We don't want to undo the progress we've made so far."The county continued to make progress Saturday, with a case rate of 81.8 positive COVID-19 tests per 100,000 people, below the state's 100 per 100,000 guideline.The county will be placed back on the list should it be flagged for exceeding any one of six different metrics for three consecutive days. Those metrics are the case rate, the percentage of positive tests, the average number of tests a county is able to perform daily, changes in the number of hospitalized patients and the percentage of ventilators and intensive care beds available.On Monday, county-compiled data related to race and ethnicity on testing, staffing and geographic location will be made available for the first time. Previously, data on race had been broken down by deaths, hospitalizations and case numbers only.Latinos are still disproportionately impacted by COVID-19, with that ethnic group representing 61.7% of all hospitalizations and 46% of all deaths due to the illness. Latinos make up about 35% of San Diego County's population.Dr. Wilma Wooten, the county's chief health officer, revealed a five-tiered testing priority protocol Wednesday that the county has been using. In the top two tiers were symptomatic people separated by risk factors, followed by two tiers of asymptomatic people and finally by a general public health surveillance tier. The county reassessed its testing priorities in mid-July.San Diego Mayor Kevin Faulconer announced Tuesday that the city would begin allowing gyms, fitness businesses and places of worship to operate in city parks beginning Monday."There is no city better than San Diego to take advantage of the fact that COVID-19 has a harder time spreading outdoors. Using parks as part of our pandemic relief response will help the mental health and physical health of thousands of San Diegans," Faulconer said. 3993