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SAN DIEGO (CNS) - A 26-year-old pedestrian was hospitalized this morning with a fractured pelvis and other internal injuries she sustained when she was struck by a 2015 Honda Accord sedan while crossing a street in the Mt. Hope area of San Diego, and the driver was arrested on suspicion of DUI.It occurred at the intersection of Market and Denby streets at 10:35 p.m. Friday as the victim was crossing Market Street legally, but not in a marked crosswalk, according to Sgt. Michael Tansey of the San Diego Police Department.The victim, identified as Ruth James of San Diego, was taken to a hospital with serious, but non-life-threatening injuries, Tansey said.The driver of the Honda, a 40-year-old woman, was jailed on suspicion of felony DUI, he said. She was being held in lieu of 0,000 bail, according to San Diego County Sheriff's Department jail records.Anyone who witnessed the crash was asked to call Traffic Division detectives at 858-495-7800. Anonymous tips can be submitted to Crime Stoppers at 888-580-8477.RELATED:Mother sentenced for DUI crash that injured 3 childrenDrunk driver sentenced for deadly DUI on Interstate 15Drunk driver sentenced for killing Valley Center family 1203

SAN DIEGO — It's a nerve-racking place: on stage, behind the mic, looking out at a sea of people waiting for your punch line.The Comedy Palace in San Diego sees many comedians but not like the one who performed Friday night."It was something I thought about even in college but lacked the courage to do it," said Michael Schmid. "I always loved to make people laugh."Schmid always had the passion, but it was a recent visit to the doctor that gave him the courage he had been lacking."If not now, when?" Schmid said.Three years ago, he was diagnosed with primary lateral sclerosis, a condition similar to amyotrophic lateral sclerosis, or ALS."It had spread to my upper body and becoming more quadriplegic," Schmid said.One month ago, he made the toughest decision of his life."The most difficult thing I ever had to do in my life was to talk to my children about ending my life," he said.Schmid says he will end his life on December 27, citing severe pain. He shared the date with one of his favorite comedians, along with a dream and a request for help."My initial response was 'We're going to make this happen,' " said Lisa Alvarado.Alvarado talked with some friends in the industry to see if they'd help make Schmid's dream of performing come true."I'm talking comics with Netflix specials, Comedy Central specials," Alvarado said.In one month, the group developed a 15-minute standup comedy routine for Schmid to deliver Friday night. Many of the professional comedians were in the audience as Schmid performed in his wheelchair with Alvarado holding his microphone.After the performance, Schmid's father made his way to the stage to give his son a hug."I never expected him to do that and show the world we're close," said Schmid.Schmid's ex-wife and his four children were also in the audience."No matter how crappy of a hand he's been dealt, he's taken it with a joke," said Schmid's son Joshua.Schmid is grateful he had a chance to laugh."I want my friends and family to have at least that memory when I'm gone," Schmid said. "Do not just give up where you're at ... always strive and reach for something else.""Even if it is the end of your life," he said, "you can be more than you are right now." 2256

SAN DIEGO — Corinne Lam was in the middle of cutting a client's hair when her phone started blowing up.Governor Newsom had just announced that several businesses - including salons - had to cease indoor operations.“We're going back to square one. Do not pass go. Do not collect 0,” she said.Lam was especially frustrated because her client at the time had COPD, making her high risk for Covid-19. Yet she trusted Lam enough to still come to Rancho Bernardo’s Salotto Salon, which was reserved entirely for her.“And knowing that she feels as safe as she does here, it was otherwise maddening,” Lam said.Newsom announced the new round of shutdowns Monday - forcing gyms, salons, and malls to cease indoor operations in 30 counties - including San Diego.The order came after an increase in covid related hospitalizations, ICU beds, and positivity testing rates. It will last until the state’s Public Health Officer deems it safe to reopen.“It's incumbent upon all of us to recognize soberly that Covid-19 is not going away anytime soon,” Newsom said.The decision leaves Lam and other business owners wondering how they'll survive. Like her, many have already exhausted their Paycheck Protection Program funds that helped get them through the first shutdown.“It's like we're jumping into a pool with no water,” she said. “So who is going to supply the water? I don't know.”Lam may be able to move her haircuts outside, but it's complicated. Plus, the concrete's sweltering, especially with masks and gloves. 1514

SAN DIEGO (CNS) - A former La Jolla Country Day School teacher who had a sexual relationship with a 17-year-old female student over the course of several months was sentenced Wednesday to probation and community service and was prohibited from teaching again in any capacity.Jonathan Sammartino, the 37-year-old son of U.S. District Judge Janis Sammartino, could have faced up to one year in local custody and sex offender registration following his guilty plea to a felony count of unlawful sexual intercourse with a minor. He previously faced two other felony sex counts that could have had him facing prison time, but those counts were dismissed after he pleaded guilty in August.Deputy District Attorney Martin Doyle said the plea agreement was reached in part because the victim, identified only as "Jane Doe" in court proceedings, did not want the case to go to trial. She also declined to virtually attend Wednesday morning's sentencing hearing.Doyle said the victim was content that the case is resolved and has "changed and healed" since her interactions with Sammartino, which occurred in 2016."It's her wish to move on with her life," the prosecutor said.San Diego County Superior Court Judge Charles G. Rogers ordered the defendant to complete his 400 hours of community service at any nonprofit organization by next August.In declining to impose sex offender registration, Rogers cited a U.S. Supreme Court case that found registration was most suited for those considered dangerous and likely to re-offend.The judge said though Sammartino's conduct toward the victim could be considered predatory, due to their age difference and his abuse of a position of trust, "there is not an iota of evidence that this conduct was an expression of an underlying character trait on his part. I see no indication that this man is predatory or is likely to repeat this conduct with another person or is a danger to others."Rogers also cited a bicycling accident Sammartino suffered about a year prior to the offenses, which the defendant and his attorney say caused a brain injury that inhibited his impulse control and ability to make reasonable judgments. The judge said he didn't think the injury excused Sammartino, but said he believed it was a contributing factor to the offenses.Sammartino made a statement to the court, in which he said, "I am very sorry for everything that has happened and for the misery caused by my unfortunate involvement with Ms. Doe. I know that my behavior's disrupted her life, my own life, and the community."He said he was "not the same person" he was before the bicycling accident and was continuing to seek treatment for "my mental impairments that led to those behaviors."Sammartino said he would find another line of work in order to serve the community.Though his probation terms prohibit him from teaching, his attorney, Eugene Iredale, said Sammartino's doctoral degree precluded him from needing a teaching credential, which he would otherwise be required to surrender.Instead, Iredale said his client has pledged not to teach again, and cannot do so in any practical way, "because in the age of the internet, there is truly no ancient history.""As, of course, a condition of this plea agreement, and without hesitation, he has pledged that he will not seek to teach anywhere ... and that means anywhere at any level in any way, including private tutoring, including college instruction or community college," the defense attorney said.In testimony earlier this year at Sammartino's preliminary hearing, the victim said the first sexual encounter happened in early 2016, when he arrived at her home unannounced around midnight. She said she went outside to meet with him in his car, at which point he told her he didn't trust himself around her.Sexual encounters occurred that night in his car and on several other occasions in his vehicle and his house over the next few months, she testified.The victim, who went on to attend UC Berkeley, filed a report with campus police in the summer of 2018. Charges were filed later that year.In a recorded phone call played during the preliminary hearing, Sammartino admitted to the past encounters with the victim."Why did you do it? You knew I was 17," Doe says on the recording. "You knew I was your student. You knew it was my first time and I lost my virginity to you.""I don't have a good answer, because I wasn't thinking through what I was doing," he replied, apologizing to her several times throughout the call. "I can't believe that I did that." 4549

SAN DIEGO (CNS) - A gun control group has filed a lawsuit on behalf of victims the Poway synagogue shooting against several parties, including the alleged shooter, his parents, the gun store that sold him the weapon used in the deadly shooting and the weapon's manufacturer, Smith & Wesson.The suit filed Monday in San Diego Superior Court alleges `irresponsible and unlawful conduct by a firearms manufacturer and seller for making, marketing, or selling weapons in an unsafe and illegal manner'' in connection with the rifle allegedly used by John T. Earnest, 21, in the April 27, 2019, shooting at Chabad of Poway.The suit filed by the gun control advocacy group Brady United accuses Smith & Wesson of failing to ``use reasonable care'' when marketing the rifle -- a Smith & Wesson M&P 15 -- and alleged the company made the weapon ``easily modifiable,'' which facilitates crimes like mass shootings.The lawsuit also alleges gun store San Diego Guns unlawfully sold Earnest the rifle used in the shooting, as he lacked a valid hunting license to buy such as weapon at his age.The suit also alleges Earnest's parents ``negligently facilitated their son's (the shooter's) ability to gain access to one or more pieces of weaponry/tactical equipment used in the incident, upon information and belief, having prior knowledge of his avowed, virulent anti-Semitism and propensity for violence.''The shooting resulted in the death of 60-year-old Lori Gilbert Kaye, who was shot in the synagogue's foyer. Three others were injured, including the synagogue's rabbi, Yisroel Goldstein, who is among several people listed as plaintiffs in the lawsuit.Earnest remains jailed on both state and federal charges for the shooting, as well as the alleged arson of an Escondido mosque, both of which are being charged as hate crimes.Earnest allegedly told a dispatcher that he committed the shooting because Jewish people were destroying the white race and made similar anti-Semitic comments in an online manifesto in which he said he spent four weeks planning the attack.Earnest faces the death penalty in the state's prosecution, while a federal capital punishment decision remains pending.According to testimony, a receipt found in Earnest's car showed he purchased the rifle at San Diego Guns on April 13, 2019, the same day a California Fish and Wildlife card found in his bedroom showed he completed a hunting program, qualifying him for a hunting license.However, the license -- which would allow someone in California under 21 to purchase a gun -- was not valid until that July. Without a valid license, Earnest would have been prohibited from purchasing the rifle under state law, as he was 19 at the time of the purchase.The California Department of Fish and Wildlife and Department of Justice are also named as defendants for alleged negligence in allowing Earnest to buy the gun when a background check should have precluded him from purchasing it. 2968