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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 — Two of San Diego's biggest restaurant groups are sounding the alarm over state Coronavirus regulations.Owners of the Brigantine Family of Restuarants and the Cohn Restaurant Group say indoor capacity limits aren't sustainable. Currently, a restaurant can only seat 25 percent of its capacity indoors. “If we stay open and as we enter the fall and winter months, our restaurants cannot survive on 25 percent," said Leslie Cohn, of the Cohn restaurant group.The Cohn Group spent more than 0,000 creating social distancing in 16 of its restaurants - before the 25 percent capacity limit was instituted. Their employment is now down 40 percent to about 1,200 workers.“We should be concentrating on positive test percentages, hospital capacity, ICU and PPE availability and of course mask wearing, social distancing and employee screening,” Cohn said.Her frustrations, echoed by Mike Morton, who heads the Brigantine Family of Restaurants, where employment is off 20 percent to 1,000 workers. Morton said there are now waits every Friday, Saturday and Sunday - due to the capacity restraints.“Guests are going to get tired of that, and what else is that going to do? It allows us to employ less people due to limited capacity,” Morton said.The 25 percent cap will last at least another three weeks. Only then may the county become eligible for the next lower tier, which would increase the cap to 50 percent - still a struggle in an industry famous for thin margins. 1484

SAN DIEGO (AP) — U.S. Customs and Border Protection on Tuesday began testing the use of body cameras by its employees at nine locations, potentially leading to a broad rollout by the nation's largest law enforcement agency that would make it the first federal agency to use the devices on a large scale.Customs and Border Protection previously concluded in 2015 after a yearlong study that body cameras were not yet suitable for widespread use due to cost, technological challenges and the need for labor union approval. However, it said the cameras had potential in limited circumstances.The agency's review also found that cameras used in field tests did not function well in the rugged, remote conditions in which many Border Patrol agents work."Some fared better than others," said Austin Skero, director of the agency's law enforcement safety and compliance directorate.Customs and Border Protection officials said technology has evolved since the 2015 test, and the cameras used in the current field tests will build on lessons learned in the previous test. The equipment was provided by several manufacturers the agency declined to name.Officials also said the potential benefits of the cameras include providing evidence in criminal cases, improved training and strengthening of job performance and accountability.Employees will be expected to turn the cameras on and off during incidents involving use of force and encounters that "are likely to become hostile, adversarial or confrontational," Skero said.Congress agreed to fund the tests by allocating million in the Obama administration's final year.The tests during under then-President Barack Obama came amid mounting scrutiny of employees using excessive force. Customs and Border Protection employees used firearms 55 times in 2012, a number that dropped to 17 last year.Nearly every large U.S. police department has equipped at least some officers with body cameras, and many publicly release footage following high-profile shootings and other encounters.A 2015 survey of 70 of the largest law enforcement agencies around the country by the Major Cities Chiefs Association and Major County Sheriffs' Association found that 95 percent had either implemented body cameras or had committed to moving forward with body-worn camera programs.Following the shooting of Michael Brown in Ferguson, Missouri, Obama pledged funding to equip 50,000 officers across the country with body cameras in three years. Police departments have varying policies about how long they must retain the video, when cameras have to be turned on or can be turned off, and whether video can be released.Customs and Border Protection said practical policy and privacy questions would need to be addressed, as well as costs, maintenance, storage and training, before widespread deployment of the cameras could occur.The testing will not use facial recognition technology and it will end in October.The locations are Detroit and Eagle Pass, Texas; Atlanta's Hartfield-Jackson International Airport; the Long Beach, California, dock; by an aerial patrol unit in Tucson, Arizona; a maritime patrol unit in West Palm Beach, Florida, a maritime surveillance team; and by Border Patrol agents in Campo, California, Kingsville, Texas, and Las Cruces, New Mexico. 3301

SAN DIEGO (CNS) - A comprehensive outreach strategy to expand testing access for Latino residents and other communities hardest hit by the COVID-19 pandemic was announced Friday by local leaders.The new program will kick off on Monday, with a new testing site at the Mexican Consulate in downtown San Diego at 1549 India St. Starting at 8 a.m., walk-up appointments will be available until 3:30 p.m., according to the announcement from San Diego County Supervisor Nathan Fletcher, Carlos Gonzalez Gutierrez, Consul General of Mexico in San Diego and other local leaders."We are prioritizing our response to health inequities in the Latino community by prioritizing efforts to help address accessibility barriers that are contributing to Latinos being disproportionately impacted by this pandemic," Fletcher said. "Whether you live in the south, north or east of our county, you should have access to testing and resources to prevent and treat the spread of COVID-19."The consulate will be the first of several locations in a 14-day rotation. Two other confirmed sites include San Luis Rey Church in Oceanside and St. Anthony of Padua in National City. Dates, times and additional locations will be announced as soon as they are finalized.According to the group, by working with partners like the consulate, Catholic Diocese of San Diego, the Chicano Federation and others, this testing initiative will enhance San Diego County's regional effort to expand coronavirus testing and outreach in the Latino community."The consulate is proud to be part of the efforts to encourage testing and diagnosis among the Latino community, a community that, unfortunately, has been disproportionately hit by COVID-19," said Gonzalez Gutierrez. "Part of what is necessary for our community to reach out to testing sites is for them to feel safe and understand that they can access public health services regardless of their migratory status."Nancy Maldonado, executive director of Chicano Federation, and Barbara Jimenez, general manager of the central and south regions of the County Health and Human Services Agency, joined the politicians Friday to announce the new testing site and the overarching strategy."This testing site will allow us to reach an important population," said Jimenez. "Until we have a widely available vaccine, testing will remain an absolutely critical part of our public health response." 2407

SAN DIEGO (AP) — It was a night of memorable debuts for the Arizona Diamondbacks.Merrill Kelly paused for a moment before making his first big league appearance at age 30."I took a minute before I threw the first pitch and took in the stadium, took in the surroundings, just so I can have that memory before I stepped on the rubber," the right-hander said. "Once I got going, once I stepped on the rubber, it was game time."Kelly threw six strong innings for the victory and benefited from an offensive outburst started by Adam Jones' leadoff homer to lead the Arizona Diamondbacks over the San Diego Padres 10-3 Saturday night.RELATED: 'Anchorman'-themed race debuts at San Diego Padres gameA few hours later, the bullpen gate opened and right-hander Jon Duplantier, 24, jogged in to throw his first big league pitches when he took over for Kelly starting the bottom of the seventh."I wasn't nervous jogging in. I was more nervous warming up," Duplantier said. "As soon as I walked through the door, hit the pad and took about three steps before it was like, 'OK, I'm not going to fall, I'm not going to trip,' because I've got big feet and every now and then the turf monster will get me, but he didn't get me today."Took about three steps and I just couldn't stop looking up, just taking it all in like everybody was encouraging me to do. It was just pure joy. I felt like a child, you know, like, 'Hey, go play, run free. Go play. These people are watching you.' I was just so happy," he said.RELATED: After nearly 30 years, Germany's San Diego Padres-themed bar closes"It was a special day for him and Jon, two guys making their major league debut," manager Tory Lovullo said. "You'd never suspect it by their mound presence, their poise and their ability to attack hitters."Padres rookie shortstop Fernando Tatis Jr. hit his first big league homer, a two-run shot in the sixth that landed at the base of the Western Metal Supply Co. building in left field.Kelly (1-0), who grew up in Arizona, joined the Diamondbacks on a two-year contract in December after spending four seasons with the SK Wyverns in Korea. That followed five seasons in the Tampa Bay organization. He became the first player with no big league experience to play in Korea and return directly to the majors.Kelly held San Diego to three runs and five hits while striking out three and walking two.RELATED: Manny Machado assumes the Padres' 'villain' role, but doesn't take it to heartKelly started strong thanks to his defense. Left fielder David Peralta made a diving catch of a liner by leadoff batter Ian Kinsler, and center fielder Ketel Marte made a sliding catch of Eric Hosmer's liner.San Diego didn't get a hit until Franchy Cordero, who entered in a double switch in the third inning, singled to right in the bottom of the inning. Cordero had an infield single in the fifth that hit off Kelly, who stayed in the game.Kelly faltered in his final inning, allowing Hosmer's double and Manny Machado's single before Franmil Reyes hit a sacrifice fly. With two outs, Tatis, the team's prized prospect and the son of the former big leaguer, drove the first pitch he saw for his first homer."I enjoyed it as soon as I hit it and it was a pretty decent walk around the bases," Tatis said. "Took that one out of the way, first one, here we go, a lot more to come."Matt Strahm (0-1) had a rough season debut for the Padres, allowing five runs and eight hits while walking two in just 2 2/3 innings. The left-hander is in the rotation this year after making five starts as an opener last year and 41 appearances overall as he was eased back from surgery on his torn left patellar tendon the previous season while with Kansas City."I was just getting a little too much plate and they were taking advantage of it." Strahm said. "They clearly read the scouting report that I'm aggressive with my fastball and jumped on it early, so I found myself pitching behind there a little bit."Jones, who played at San Diego's Morse High, homered to left on Strahm's third pitch, his third, and David Peralta added an RBI double. Eduardo Escobar hit an RBI single in the second and the Diamondbacks chased Strahm in the third on Nick Ahmed's sac fly and Alex Avila's run-scoring single.The Diamondbacks piled on with four runs in the fifth against Robbie Erlin, who allowed four hits before getting an out.GRAND CANYON BALLERSKelly is the fifth Diamondbacks player to play high school and college ball in Arizona, joining Jake Barrett, Tuffy Gosewisch, Cody Ransom and Ed Vosberg. Kelly grew up in Scottsdale and attended Desert Mountain High, Yavapai College and Arizona State.UP NEXTDiamondbacks: RHP Zack Greinke (0-1, 17.18) is scheduled to start Tuesday night. He's looking to bounce back from opening day, when he allowed seven earned runs in 3 2/3 innings in a 12-5 loss at the Los Angeles Dodgers.Padres: LHP Eric Lauer (1-0, 0.00) threw six shutout innings in an opening day victory against San Francisco. 4981