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EL CAJON (CNS) - A driver whose blood-alcohol content was nearly quadruple the legal limit slammed into the back of a pregnant woman's car in Ramona two years ago, killing the woman and her unborn child, a prosecutor told a jury Wednesday.But a defense attorney denied that his client caused the crash, claiming the prosecution's case was based entirely on circumstantial evidence and a shoddy police investigation.Andrew Milonis, 46, is accused in the Mother's Day 2017 crash that killed 29-year-old Jessica Foderingham and her unborn child, a girl who Foderingham and her husband planned to name Ayanna. Milonis is charged with two counts each of second-degree murder, gross vehicular manslaughter while intoxicated, hit-and-run and drunken driving.RELATED: Witness: Driver in El Cajon crash, that killed pregnant mother, was 'very intoxicated'Foderingham was eight months pregnant when her Dodge Dart was hit, sending it careening into a tree in the center median on San Vicente Road about 6:45 p.m. May 14, 2017.Deputy District Attorney Laura Evans said in her opening statement that Milonis had been drinking throughout the day, having at least seven drinks at a local bar before he got behind the wheel of his GMC Yukon.The prosecutor said a bartender recommended that Milonis arrange a Lyft ride to get home, but he ignored the advice. Then while driving, Milonis struck a tree and multiple telephone poles before crashing into Foderingham's car, Evans said.RELATED: Driver accused of killing pregnant woman, taking Lyft to barAfter the crash, Milonis continued driving to a nearby hotel, where employees called a Lyft driver for him, Evans said. When the Lyft driver arrived and asked Milonis where he wanted to go, the defendant allegedly told the driver something to the effect of, "Anywhere I can get a drink," according to Evans.He was driven to a bar on Main Street, where sheriff's deputies located and arrested him shortly after he arrived. When his blood was tested, he had a blood-alcohol content of 0.20, but Evans alleged it was above 0.30 at the time of the crash -- well above the 0.08 legal limit.The prosecutor told jurors the impact of the crash left a partial imprint from Milonis' license plate on the back of Foderingham's car, and there was no evidence of mechanical issues on either car that might have contributed factors to the crash.RELATED: Vigil held for pregnant Ramona crash victimSix months earlier, Milonis has been arrested on suspicion of DUI for allegedly driving drunk and hitting a neighbor's fence before going home, according to Evans, who said he suffered a minor head injury in the crash and had a 0.28 blood alcohol content at the time.Christian Foderingham, a U.S. Marine, testified Wednesday that he and his wife's two young sons from a previous relationship began Mother's Day by making her breakfast and showering her with gifts throughout the day. The couple then left home for Jessica Foderingham's grandmother's house in Ramona, taking two cars -- Jessica in her Dodge Dart and Christian driving the boys in his Hyundai.He was driving ahead of his wife when he heard a loud bang behind him, saw a dark-colored SUV swerve onto a sidewalk and witnessed his wife's car slam into a tree. He testified that after hearing the loud noise, he saw his wife's car flying through the air before it struck the tree head-on and bounced back into lanes of traffic.RELATED: Judge raises bail to M in Ramona fatal hit and run"It felt like my heart stopped," he testified.Foderingham said he ran to his wife's car, smashed the driver's side window open and cut off her seatbelt to remove her from the wreckage. An off- duty firefighter helped Foderingham perform CPR until emergency personnel arrived and took her to Palomar Medical Center in Escondido, where she died, according to the victim's husband.Milonis' attorney, Ward Clay, told jurors the crash was "a tragic accident" but said Milonis was not responsible."No one witnessed exactly how the accident happened," Clay said.The attorney said Christian Foderingham never got a good look at the SUV driver.Foderingham testified that the SUV had tinted windows and there might have been two people inside. He could only confirm that the driver was Caucasian.Clay claimed that at the time of the crash, Milonis was not near the crash scene.The attorney also said the California Highway Patrol "made major mistakes" in their investigation of the case, and that "critical, forensic evidence" had been lost or destroyed, though he did not specify what that evidence was.Clay said he expected the jury to be "angry and want to hold someone responsible. But that person is not in this courtroom." 4692

Dr. Anthony Fauci told NBC News on Wednesday that he is concerned that the United States could see a spike in coronavirus cases if Americans aren’t cautious for the upcoming holiday weekend.Fauci, the director of the National Institute of Allergy and Infectious Diseases, said that there were a number of cases tied to the Memorial Day and Fourth of July holidays.While coronavirus cases generally declined in the US in the weeks following Memorial Day, there was a sizeable surge in cases in the weeks following the Fourth of July."Wear a mask, keep social distancing, avoid crowds," Fauci told NBC News about the upcoming weekend. "You can avoid those kind of surges. You don't want to be someone who's propagating the outbreak. You want to be part of the solution, not part of the problem."Holiday gatherings have been a concern for some public health experts amid the pandemic. While Labor Day is the last major warm-weather holiday of the year, concerns following Labor Day will begin to shift to the Thanksgiving and Christmas holidays. Dr. Christopher Murray, the director of the Institute for Health Metrics and Evaluation at the University of Washington, said he is opting not to see extended relatives amid the pandemic. And looking forward to the holiday season, Murray does not plan on seeing extended relatives then, either.“Personally, in our family, we will not have our family get together,” Murray said. “I am particularly cautious. That would be our strategy.But Fauci is hopeful that by the end of the year, some Americans will begin getting coronavirus vaccinations."I believe that by the time we get to the end of this calendar year, that we will feel comfortable that we do have a safe and effective vaccine," he told NBC News. 1757

Dr. Anthony Fauci said the country is at a critical place during the pandemic, and that the worst is probably still ahead. Despite warnings about traveling and getting together with people outside a household, Fauci feared another surge on top of the current surge following the Christmas holiday.“We very well might see a post-seasonal — in the sense of Christmas, New Year’s — surge, and as I’ve described it, as a surge upon a surge,” Fauci said on CNN’s “State of the Union.”“I share the concern of President-elect Biden that as we get into the next few weeks it might actually get worse,” Fauci continued.During the interview, he also expressed optimism about the speed of vaccinations happening across the country.As of Monday morning, almost 2 million Amerians have received the first dose of either Pfizer or Moderna’s two-dose COVID-19 vaccine. Nearly 10 million doses have been distributed to states, the CDC reports.Over the weekend, Fauci said he now believes the country will need to reach a 80-85% rate immunity to reach so-called herd immunity. This is an increase over earlier estimates, which were closer to 70%.On Sunday, Senator Marco Rubio called out Fauci in a tweet questioning the change.“Dr. Fauci lied about masks in March. Dr. Fauci has been distorting the level of vaccination needed for herd immunity. It isn’t just him. Many in elite bubbles believe the American public doesn’t know ‘what’s good for them’ so they need to be tricked into ‘doing the right thing,’” Rubio’s tweet says. 1520

EL CAJON, Calif. (KGTV) — A vehicle crashed into an East County restaurant Wednesday, before the driver fled on foot and left behind a massive mess.The vehicle careened through the Ali Baba restaurant at 421 E. Main St. before 2:30 p.m., before the driver fled the scene a short distance to park the vehicle and continued to flee on foot, according to El Cajon Police.No one in the building was injured, but photos from Thair Behnan, the manager of the restaurant, showed a massive mess of shattered glass and wall.The suspect was described as a Hispanic male, wearing a white shirt, and jeans.Anyone with information on the incident or who locates the suspect is asked to call El Cajon Police at 619-579-3311. 718

EL CAJON, Calif. (KGTV) -- Christian Unified Schools of San Diego welcomed junior and high school students back to campus on Tuesday.The El Cajon-based school district brought elementary school students back to school last week, and district officials said now it's time for the other grades to join.The school's website lists many of the precautions they're taking, including multiple temperature checks. Students will get their temperature checked before they are dropped off at school, and then again before entering the building.Everyone on campus must wear a mask or face shield, and students must wash or sanitize their hands before they enter each classroom.The district says social distancing will be observed in all classrooms. Plexiglass barriers will be at each desk.All the classrooms are equipped with cleaning stations to be used between each class.Teachers will hold school religious services outside, and chapel will have limited seating.The district says each night staff will clean the entire facility. 1028