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SAN DIEGO (CNS) - Testimony wrapped up Wednesday in the murder trial of two men accused in the stabbing death of a Chula Vista music producer whose body was found in a drum floating in San Diego Bay.Timothy John Cook, 54, is charged with the Sept. 30, 2017, murder of his housemate Omar Medina, 28. Co-defendant Derrick Spurgeon, 40, is charged with being an accessory for allegedly driving the boat used to dump the victim's body, which was found 12 days later inside the 55-gallon barrel, which had been weighed down by a makeshift anchor made of wire and cinderblocks.Medical examiners said Medina had been stabbed more than 60 times in the chest, back, neck and head.RELATED: Man whose body was found in a barrel had been stabbed 66 timesAttorneys will make closing arguments Monday morning at the downtown San Diego courthouse.Deputy District Attorney Cherie Somerville told jurors that Medina and Cook both worked at a scaffolding business for Cook's younger brother and were living together at a home in Chula Vista.In a text exchange with his brother, Cook expressed annoyance with Medina over his drinking and sloppy household behavior, leading Cook to eventually kick him out of the house, according to the prosecutor.RELATED: Opening statements made in murder trial involving body found in barrelSommerville also noted in her opening statement that Medina had recently come into a substantial amount of money via an ,000 settlement he received in a lawsuit.Medina's family never heard from him after Sept. 30, and filed a missing person's report soon afterward with Chula Vista police. Medina's unlocked car was found about a week later on Oaklawn Avenue, not far from the home he shared with Cook on McIntosh Street. Numerous belongings, including his computer and guitar were inside the vehicle.During that time period, Cook had told his brother that he was out of town in the Northern California city of Oroville, but Somerville said evidence indicates the defendant never left San Diego County.RELATED: Family of man found in barrel works to find closure, thanks Chula Vista PD for their effortsDefense attorney Kara Oien countered in her opening statement that there was no hard physical evidence tying Cook to Medina's death, and told jurors the district attorney was relying on circumstantial evidence to come to a false conclusion that her client killed Medina.The attorney said the prosecution lacked a murder weapon and witnesses to the murder, which allegedly occurred during the daytime hours of Sept. 30 at the Chula Vista home.Oien said Cook's agitation over Medina's sloppiness was far from indicative of a motive to kill and that Cook would have tried to get closer to Medina if he really wanted his settlement money, rather than kicking him out of their house.RELATED: Bodycam video shows officer confront accused killer of man found in barrelAccording to the prosecution, Cook enlisted Spurgeon's assistance on Oct. 11 to haul the barrel and dispose of it.Surveillance footage allegedly captured the men in a green Ford F-150 owned by Cook's half-brother, which is seen towing Spurgeon's boat from El Cajon to the bay. Somerville alleged that a barrel matching the one containing Medina's body can be seen in the bed of the pickup in the footage.She also said a search of the McIntosh Street home yielded additional indications that Cook was covering up the murder, such as removal of his home's kitchen sink and stripping down Medina's room, which was located in an attached building on the property.Oien said Cook was merely fixing up the home, and that he had an agreement with his landlord to make occasional repairs in exchange for lower rent.Spurgeon's attorney, Roland Haddad, said there was no evidence that his client had any knowledge that he was assisting Cook in disposing a body, if Cook even committed the murder at all. The men exchanged phone calls on Oct. 11, but Haddad said there was no evidence regarding what discussions they had over the phone, nor what was said on the alleged boat ride when Medina's body was dumped into the water. 4095
SAN DIEGO (CNS) - San Diego County public health officials Sunday reported 3,493 COVID-19 infections as of Saturday and no new deaths, bringing the county's total to 126,465 cases and the death toll remaining at 1,280.Prior to Sunday's report, a record 3,611 COVID-19 infections were reported Friday. The cases surpassed the previous record set one week ago -- 2,867 last Friday -- by 744 new cases.Saturday's total marks the second time the number of daily infections has surpassed 3,000 as well as the 19th consecutive day with more than 1,000 cases and the 12th day overall with more than 2,000 new cases.The top four-highest daily cases have all occurred in the past week, with Wednesday's 2,807 cases, Thursday's 2,604, Friday's 3,611, and Saturday's 3,493.The county on Sunday reported 1,264 hospitalizations of COVID-19 patients and an additional 320 COVID-19 patients in ICUs.There were seven new outbreaks reported, which brings the total number of outbreaks within the last seven days to 40.On Friday, an appeals court stayed a judge's decision to halt enforcement of COVID-19 restrictions against San Diego County restaurants, meaning eateries must again abide by the state's regional stay-at-home order, at least for now.Lawyers for the state filed the emergency challenge to San Diego Superior Court Judge Joel R. Wohlfeil's preliminary injunction, which was issued Wednesday in a lawsuit filed by two San Diego strip clubs Wohlfeil ultimately ruled could remain open.Wohlfeil's ruling also encompassed all restaurants in the county and all businesses that provide "restaurant service."Three justices from the Fourth District Court of Appeals, District One, read and considered the order and stayed the injunction "pending further order of this court." The court ordered any oppositions to the state's filing to be submitted by noon Wednesday, according to an appeals court docket.Lawyers from the state argued that Wohlfeil overreached in his ruling, as no restaurants were parties in the suit initially filed in October by Cheetahs Gentleman's Club and Pacers Showgirls International.County supervisors met in closed session Friday to appeal the ruling made by Wohlfeil Wednesday."The board voted to appeal the order," said County Supervisor Greg Cox. "But the board directed county counsel to only argue that the order is incorrect as it relates to the continued operation of strip clubs and the allowance of indoor dining.""We support outdoor dining with appropriate safety protocols that have been previously established. We remind everyone that the virus is still out there," Cox said.Supervisor Nathan Fletcher concurred."I vehemently disagree with the recent judicial decision allowing strip clubs and all restaurant activities to resume, and I support appealing the entirety of the recent court ruling," he said. "It is a positive step that our board voted unanimously to join the state in the appeal as it relates to strip clubs and indoor dining."In the San Joaquin Valley, ICU beds are said to also be full. In Greater Sacramento, the estimate is 14.5% of ICU beds available; in the Bay Area, it's 12.8%.Only Northern California remains outside the Gov. Gavin Newsom-directed stay-at-home order with 21% of ICU beds available. That order applies to regions with fewer than 15% ICU beds remaining.The U.S. Food and Drug Administration has now approved a vaccine developed by Moderna to join the 28,275 Pfizer vaccines already in the region available for civilian acute health care workers.San Diego County is home to 82,623 health care workers toiling in hospital or psychiatric facilities, 39,755 of whom are considered "highest risk" and will first receive vaccines.The 28,000-plus vaccines will cover about 72% of those slated to be inoculated until more vaccines arrive in California. 3820
SAN DIEGO (CNS) - San Diego County public health officials have reported 2,509 COVID-19 infections and 27 additional deaths, bringing the county's totals to 122,972 cases and 1,280 fatalities.On Friday, a record 3,611 COVID-19 infections were reported. The cases surpassed the previous record set one week ago -- 2,867 last Friday -- by 744 new cases. It marks the first time the number of daily infections has surpassed 3,000 as well as the 18th consecutive day with more than 1,000 cases and the 11th day overall with more than 2,000 new cases.The top four-highest daily cases have all occurred in the past week, with Wednesday's 2,807 cases and Thursday's 2,604.Also on Friday, an appeals court stayed a judge's decision to halt enforcement of COVID-19 restrictions against San Diego County restaurants, meaning eateries must again abide by the state's regional stay-at-home order, at least for now.Lawyers for the state filed the emergency challenge to San Diego Superior Court Judge Joel R. Wohlfeil's preliminary injunction, which was issued Wednesday in a lawsuit filed by two San Diego strip clubs Wohlfeil ultimately ruled could remain open.Wohlfeil's ruling also encompassed all restaurants in the county and all businesses that provide "restaurant service."Three justices from the Fourth District Court of Appeals, District One, read and considered the order and stayed the injunction "pending further order of this court." The court ordered any oppositions to the state's filing to be submitted by noon Wednesday, according to an appeals court docket.Lawyers from the state argued that Wohlfeil overreached in his ruling, as no restaurants were parties in the suit initially filed in October by Cheetahs Gentleman's Club and Pacers Showgirls International.County supervisors met in closed session Friday to appeal the ruling made by Wohlfeil Wednesday."The board voted to appeal the order," said County Supervisor Greg Cox. "But the board directed county counsel to only argue that the order is incorrect as it relates to the continued operation of strip clubs and the allowance of indoor dining.""We support outdoor dining with appropriate safety protocols that have been previously established. We remind everyone that the virus is still out there," Cox said.Supervisor Nathan Fletcher concurred."I vehemently disagree with the recent judicial decision allowing strip clubs and all restaurant activities to resume, and I support appealing the entirety of the recent court ruling," he said. "It is a positive step that our board voted unanimously to join the state in the appeal as it relates to strip clubs and indoor dining."A jump of 46 hospitalizations Friday set a record with 1,218 COVID-19- positive patients hospitalized locally. An additional 305 COVID-19 patients are in ICUs -- also a record.The county's hospitals have 16% of their ICU beds available, unchanged since Tuesday, which is at odds with the state estimate that the Southern California region's ICU beds are entirely full.Where the discrepancy comes from is unclear.In the San Joaquin Valley, ICU beds are said to also be full. In Greater Sacramento, the estimate is 14.5% of ICU beds available; in the Bay Area, it's 12.8%.Only Northern California remains outside the Gov. Gavin Newsom-directed stay-at-home order with 21% of ICU beds available. That order applies to regions with fewer than 15% ICU beds remaining.San Diego County has seen a 220% increase in COVID-19 hospitalizations in the past 30 days and a 155% increase in ICU patients in the same time frame.The previous peak in hospitalizations -- in mid-July -- topped out at about 400 patients.Cox on Wednesday asked for patience from county residents, as more vaccines are on the way.The U.S. Food and Drug Administration has now approved a vaccine developed by Moderna to join the 28,275 Pfizer vaccines already in the region available for civilian acute health care workers.San Diego County is home to 82,623 health care workers toiling in hospital or psychiatric facilities, 39,755 of whom are considered "highest risk" and will first receive vaccines.The 28,000-plus vaccines will cover about 72% of those slated to be inoculated until more vaccines arrive in California. 4231
SAN DIEGO (CNS) - The onetime head of a South Bay parent-teacher association was sentenced today to three years probation for embezzling around ,000 from the organization.Kaitlyn Faith Birchman, the former president of the Imperial Beach Charter School PTA, pleaded guilty in February to a felony forgery count. Had she gone to trial and been convicted of forgery and grand theft, she would have faced a potential three-year, eight-month prison sentence, according to the prosecution.Per the terms of her probation, Birchman will have to complete 15 public work service days and make ,000 in restitution to the PTA. If she pays the ,000, her forgery conviction will be reduced to a misdemeanor, according to prosecutors.Birchman, 30, was taken into custody in early January at her Temecula home on an arrest warrant issued in November. She cooperated with investigators, according to Sgt. Karl Miller, who said the thefts occurred over a roughly year-long period. At the time, Birchman's children were attending the charter school, he said. 1057
SAN DIEGO (CNS) - San Diego Unified School District officials announced they were making preparations to get children back in schools, but were looking at a timeline of "months, not weeks," before that could become a reality.The district will adopt strict new standards to protect students, staff and the community from the spread of COVID-19 when schools convene in person again, District Superintendent Cindy Marten said during a news conference Monday. The measures are being adopted and developed in consultation with experts from UCSD.In the meantime, the district will begin classes remotely this month.Conditions for reopening local schools will be stricter than state standards, will proceed in phases and will require critical protective measures including mandatory masks, proper ventilation and strict social distancing, according to district leaders.State standards for reopening schools already require a seven-day testing positivity rate of less than 8% and other factors, but the panel convened by San Diego Unified called for adding contact tracing metrics and other factors included in the County of San Diego's designated health triggers."We consulted with the world's leading experts on all aspects of this pandemic because we wanted a comprehensive set of standards to create the safest possible environment for our students and staff," said Dr. Howard Taras, UCSD professor and consulting pediatrician for San Diego Unified. "The strength in these new standards comes precisely from this combination of factors. Taken together, they represent the strictest reasonable conditions for safety when operations eventually resume."According to Taras, San Diego Unified would not consider reopening campuses to in-person study until San Diego County reports fewer than seven community outbreaks of COVID-19 in the previous week and the illness showing up in rates fewer than 100 per 100,000 over the previous two weeks, among other metrics.Marten said the district has purchased more than million in personal protective equipment and has received some 200,000 masks in child and adult sizes from the state, along with 14,000 bottles of hand sanitizer. All schools, Marten said, will follow the strict standards for reopening advised by the UCSD experts. Masks will be required for all students and staff on San Diego Unified campuses."The COVID-19 crisis has radically changed every part of our lives, and schools are no different. We must adapt to this new reality because it may be with us for years to come. That is why we are taking every step necessary to reopen in the safest, most responsible way possible," Marten said. "The fact our country has just passed another grim milestone in the history of this disease -- more than five million confirmed cases, makes it clear this is not yet the right time to begin a phased reopening, but our schools will be readywhen that time comes."President of the San Diego Education Association Kisha Borden agreed with the decision to start the new school year online."We want to get back into our classrooms with our students and we need the support of the entire community to do the right thing by wearing masks, avoiding gatherings, and listening to the science," she said. "The scientific community has made it clear there are no shortcuts on the road to safely reopening schools. We have a long road ahead of us, but we're doing the right things to keep everyone safe."Taras noted that while these guidelines were made using the best information available at the time, they were designed to be flexible with ongoing science on the spread and prevention of the pandemic."Whatever our experts say, it may change in three weeks," he said. 3711