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CHULA VISTA, Calif., (KGTV) -- No justice served. That is what a Chula Vista father said after he found out that the boys and young men who publicly attacked his son in April already got out of jail. Punch after punch. Kick after kick. Cell phone video shows 16-year-old Paul Martin being beaten while lying helplessly in the fetal position. "Our family changed since that day. It's not the same," Paul's father, Margarito Martin, told 10News. RELATED: Otay Ranch family upset over violent videoThey have not been the same since April 11, 2019. Margarito said his son was at the Cotixan Mexican Restaurant in Otay Ranch after school, defending a friend who had been bullied on social media. That is when seven people robbed and violently assaulted him. Police later arrested five minors and two adults. Investigators found that some of them were wearing cleats for maximum damage. Martin said miraculously, Paul only sustained scrapes, bruises, and a sprained wrist. "They knew what they were doing," Martin said. "They're not kids. They were 18, 19, and one of them was already 20."After a lengthy trial, the attackers were convicted of felony assault. But they were only sentenced to time served. 19-year-olds Aldrin Uy of Paradise Hills and Kent Pasunting of North Bay Terraces received years probation. All seven are now back on the street. RELATED: Family to hold protest outside Chula Vista restaurant after violent video surfacesMartin said he is still in shock of the seemingly lenient sentences for the boys and men who nearly killed his son. The judge cited "restorative justice" for their lighter sentences. "If you injure anybody or assault anybody, [they should] be sentenced more heavily," Martin said. That is why the family is now fighting to change the law regarding juvenile and young adult offenders. They have started a change.org petition to lower the age for adult charges when dealing with serious felonies. "I know they are minors, and they need another chance," Martin said. "We've all been there. Bad stuff when we were kids. Graffiti and that stuff, you're only affecting property. What we want to do is if some minors affect other people physically or assault people, be treated like an adult, and punish them more severely."RELATED: Teens accused in brutal assault at Chula Vista restaurant deny allegationsThe Martin family is also working on creating a non-profit organization called "No Mas" or "No More" to help victims of bullying and violence. 2486

CHULA VISTA, Calif. (CNS) - The family of a 56-year-old man who died earlier this year following an encounter with Chula Vista police announced Monday they are filing a pair of wrongful death lawsuits against the city.The lawsuits seek the names of the officers involved in the March 13 call for service that culminated in Oral Nunis' death.Both lawsuits are being filed in San Diego federal and state courts on behalf of four of Nunis' children, including his daughter Kimone, who called 911 shortly after midnight March 13 after her father began experiencing a mental health issue and attempted to jump out of a second-story window.While addressing reporters at a news conference announcing the lawsuits, Kimone Nunis said responding officers did not speak to her or ask her what was happening with her father when they arrived."That night, I just wanted help. I picked up the phone. I didn't know what I was getting myself into," she said.Attorneys for the family say officers tackled Nunis outside the home and "dogpiled" atop him, placed him in a WRAP restraint device and put a "spit hood" over his head.In a statement released shortly after Nunis' death, the police department said he was restrained to prevent him from hurting himself or others. The department also alleged Nunis was "uncooperative with officers and struggled as they attempted to detain him," resulting in injuries to two of the officers.The federal lawsuit alleges Nunis was unconscious and unresponsive after the altercation, and that those restraints were placed upon him while he was unconscious.Nunis was taken to a hospital, where he was later pronounced dead.Attorney John Burris, who represents the family, said police should have responded by de-escalating the situation."Mr. Nunis was seeking help. The family was seeking help. But instead of getting help, he was met with force," Burris said.A similar lawsuit was filed last month on behalf of Nunis' widow and three other children. Their attorney, Carl Douglas, alleged the city has withheld Nunis' cause of death, while a statement released by the city last month indicated his cause of death has not yet been determined."The City of Chula Vista understands and shares the public's and the family's desire to have all of their questions answered about this incident. However, it is premature and inappropriate to come to any conclusions at this time," according to the city's statement in response to that lawsuit. "The investigation is ongoing, and the true cause of death has not been determined by the Medical Examiner. Because of this, and now the threat of litigation, the City and the Police Department must refrain from commenting further beyond the statements already made. The City and Police Department continue to express our deepest condolences to the family and all of those touched by Mr. Nunis' tragic passing."City officials did not immediately respond to a request for comment regarding the latest filings.In addition to the federal lawsuit alleging wrongful death and violations of Nunis' civil rights, the state lawsuit seeks the release of the officers' names.The complaint states Kimone Nunis submitted a California Public Records Act request in July seeking the names of the involved officers, as well as body camera footage, reports and statements from witnesses and other information police have regarding the case.According to the lawsuit, which alleges the city violated the CPRA, the family was told months later that the information was being withheld "because of ongoing criminal and administrative investigations." 3591

CHULA VISTA, Calif. (KGTV) - Two Chula Vista parks closed Thursday due to the threat of falling trees and saturated ground amid a cold winter storm.The City of Chula Vista tweeted the closures about 3 p.m. Thursday.Hilltop Park, 780 Hilltop Drive, and Eucalyptus Park, 436 C Street, are located between I-5 and I-805 in the western half of the city. They will be shut down until crews can remove the trees, city officials said.The ground "is too saturated to access" the trees, according to the City of Chula Vista.All sports fields at both parks were also closed. 572

CHULA VISTA (CNS) - A Chula Vista church that challenged California's COVID-19 restrictions in a legal fight that went before the U.S. Supreme Court has filed an amended complaint in its bid to see churches reopened during the pandemic.South Bay United Pentecostal Church and its pastor, Arthur Hodges III, filed the new complaint last week in San Diego federal court, nearly two months after the U.S. Supreme Court ruled 5-4 to uphold COVID-19 restrictions placed on religious gatherings by Gov. Gavin Newsom.At the time, the church accused the state of arbitrarily allowing certain sectors considered essential to stay open, while discriminating against religious institutions, a move they claimed "intentionally denigrated California churches and pastors and people of faith by relegating them to third- class citizenship."California imposed restrictions this month on a number of indoor activities due to a spike in COVID-19 cases, and the church is seeking an injunction that will allow it to open under the same standards as other sectors when those businesses are allowed to reopen.This time, the church renews its objections while also taking aim at alleged favoritism toward the police protests that began in late May following the Memorial Day Minneapolis death of George Floyd."When the public sentiment began to favor race-based political protest instead of compliance with the pandemic restrictions, public officials were all too eager to grant a de facto exception for those favored protestors," the complaint states. "This favoritism has caused amazing harm in the form of a general loss of confidence by the American people in the merits of the pandemic restrictions at all."The church again says that a number of secular industries were allowed to reopen, while alleging they may have presented more of an infection risk than places of worship.It also takes issue with restrictions Newsom placed on churches when they were allowed to reopen, including attendance caps of 100 people or 25% occupancy, and prohibitions against singing indoors. The injunction South Bay United seeks would also prevent California from banning singing or chanting during worship services, or issuing any other "allegedly neutral ban...that clearly targets worship."As in its earlier filings, the church states that indoor services are needed for proper worship and that tele-conferenced or outdoor services are "inadequate substitutes."In the amended complaint, the church states its preference that "the entire congregation meet at once" and that placing capacity restrictions on services "would be like holding a family reunion in three sessions."In its allegations of discriminatory practices, the church alleges "ordering that `worshippers may not gather' is not different than -- and equally repugnant as -- ordering that `African-Americans may not gather' or `Chinese may not gather,"' in addition to comparing the restrictions on worship to "providing specific (mandatory) guidance for heterosexuals, homosexuals and other sexual minorities."The complaint also alleges the state's shutdown orders are too restrictive in the face of a "generally non-lethal disease."South Bay United's attorneys allege that death rates from COVID-19 are declining and that California's death rate "has largely stabilized."While California recently overtook New York as the state with the highest number of COVID-19 cases nationwide, and ranks fourth in total deaths, the church states California has the 30th-highest death rate in the nation, while also alleging that death rates in San Diego County have been low."In a society hostile to religion, banning worship might be justified to prevent deaths, but not common, flu-like symptoms," the complaint states.Both a San Diego federal judge and the U.S. 9th Circuit Court of Appeals rejected the church's challenges, leading to the U.S. Supreme Court's rejection in late May in a 5-4 decision.Chief Justice John G. Roberts wrote in an opinion denying the request that "Although California's guidelines place restrictions on places of worship, those restrictions appear consistent with the Free Exercise Clause of the First Amendment. Similar or more severe restrictions apply to comparable secular gatherings, including lectures, concerts, movie showings, spectator sports and theatrical performances, where large groups of people gather in close proximity for extended periods of time. And the order exempts or treats more leniently only dissimilar activities, such as operating grocery stores, banks and laundromats, in which people neither congregate in large groups nor remain in close proximity for extended periods."The majority opinion noted: "The precise question of when restrictions on particular social activities should be lifted during the pandemic is a dynamic and fact-intensive matter subject to reasonable disagreement. Our Constitution principally entrusts `[t]he safety and the health of the people' to the politically accountable officials of the states to guard and protect."Justice Brett M. Kavanaugh wrote the dissenting opinion joined by Justices Clarence Thomas and Neil M. Gorsuch."I would grant the church's requested temporary injunction because California's latest safety guidelines discriminate against places of worship and in favor of comparable secular businesses. Such discrimination violates the First Amendment," according to the opinion, which also noted that "comparable secular businesses" were not subject to occupancy caps. 5507

CHULA VISTA, Calif. (KGTV) -- Hope, peace, unity and love are some of the simple words painted on rocks that Maria Gutierrez walked by each morning."I was thankful and I would look for more and more stones," Maria said.Maria just moved to the neighborhood and was surprised to learn who was behind those painted messages."One day I was walking my dogs and I saw Ava carrying a couple of stones and just quietly putting one down," Maria described.Ava is her neighbor, an 8-year-old doing her part in lifting others in difficult times."I’s because a lot of people aren’t happy right now. My mom and I were trying to make the people in our neighborhood happy," said Ava.I asked Ava what works like hope meant for her and she replied, "if someone doesn’t think they can do something, there’s hope they’ll make it."Her mom Cyndi said others neighbors have joined in their "rocks of hope" movement."We noticed other stones placed around the tree. It was cool because other people starting doing it as well," Cyndi said.Maria moved to Eastlake last month and said Ava's efforts showed how helpful and hopeful her neighborhood could be."It made me smile and I didn't really know anybody here. It just gave me a positive feeling inside.""Little acts like that can bring other people joy in so many different ways," said Cyndi. 1325