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SAN DIEGO (CNS) - A drunken driver who went the wrong way and crashed head-on into another car in 4S Ranch, killing the other driver, was convicted Wednesday of gross vehicular manslaughter while intoxicated and DUI causing injury.Jurors deadlocked on a second-degree murder count against Alexandria Bayne, but will return Thursday to resume deliberations in hopes of reaching a consensus. The 37-year-old defendant was charged with murder due to two previous DUI convictions from 2005 and 2008.The panel deliberated two days before returning the vehicular manslaughter and DUI verdicts, and acquitted Bayne of four child endangerment counts involving allegations that she drove drunk earlier in the day while her children were riding in her minivan.RELATED: Fatal 4S Ranch DUI suspect breaks down in tears when husband testifies in hearingOn Thursday, the jury will hear a read-back of closing arguments and receive clarifications on the legal definitions of certain terms such as "intentionally" and "deliberately," which were cited as a source of contention in jury notes submitted to San Diego County Superior Court Judge Robert F. O'Neill.Sarita Shakya, a 38-year-old Scripps Mercy Hospital nurse, was heading home from work the afternoon of Dec. 17, 2016, on Camino Del Norte when her car was struck head-on by the defendant's vehicle.Deputy District Attorney Cally Bright told jurors in her opening statement that Bayne had been drinking alcoholic beverages throughout the day, starting that morning. The defendant and her attorney conceded she'd been drinking but was not drunk when she was behind the wheel. Though she testified that she had eight drinks throughout that day, she told the jury she simply made a mistake when she turned into opposing traffic lanes on Camino Del Norte.RELATED: Tears at preliminary hearing in suspected DUI fatal crashBayne's attorney, Michelle Hunsaker, contended that Bayne made that mistake because she was distracted by family issues, as well as her cell phone.Prosecutors said her blood alcohol content was measured at between .32 and .33% -- the legal limit is .08% -- after the crash.Hunsaker disputed that testing result, saying Bayne's alcohol consumption "just doesn't line up" with the .33% BAC alleged by the prosecution. She also said Bayne had encountered several people throughout the day and did not appear intoxicated.RELATED: Woman killed by suspected drunk driver in 4S Ranch identified"We are not discounting the magnitude of the loss of Ms. Shakya and take full responsibility for that collision. But distraction does not equal murder," Hunsaker said.Shakya's husband, Peter Chen, testified that his wife typically returned home sometime after midnight each night following her shift at the hospital. When she didn't show up, he called her supervisor, who didn't know why Shakya might be late.Hours later, he received the bad news."I couldn't believe what had happened," Chen said, calling it "the worst day of my life." 2990
SAN DIEGO (AP) — As thousands of migrants in a caravan of Central American asylum-seekers converge on the doorstep of the United States, what they won't find are armed American soldiers standing guard.Instead, they will see cranes installing towering panels of metal bars and troops wrapping concertina wire around barriers while military helicopters fly overhead, carrying border patrol agents to and from locations along the U.S.-Mexico border.That's because U.S. military troops are prohibited from carrying out law enforcement duties.RELATED: Migrant caravan groups arrive by hundreds at US borderWhat's more, the bulk of the troops are in Texas — hundreds of miles away from the caravan that started arriving this week in Tijuana on Mexico's border with California after walking and hitching rides for the past month.Still, for many migrants, the barriers and barbed wire were an imposing show of force.Angel Ulloa stood on Tijuana's beach where a wall of metal bars more than 20 feet high cut across the sand and plunged into the Pacific. He watched as crews on the U.S. side placed coils of barbed wire on top.A border patrol agent wearing camouflage and armed with an assault rifle — part of a tactical unit deployed when there is a heightened threat — walked in the sand below where the men worked. A small border patrol boat hovered offshore.RELATED: CBP commissioner nearly clobbered with rock at while touring Friendship Park border"It's too much security to confront humble people who just want to work," said Ulloa, a 23-year-old electrician from Choloma, Honduras, who joined the caravan to try to make his first trip to the U.S.Now, he and his two friends were rethinking their plans. They tried to apply for a job at a Wal-Mart in Tijuana but were told they need a Mexican work permit. So they were considering seeking asylum in Mexico but were unsure of giving up their dream of earning dollars."We're still checking things out," he said.On Friday, people walking through one of the world's busiest border crossings into Mexico passed by a pair of Marines on a 20-foot lift installing razor wire above a turnstile.RELATED: Photos: Aerials of U.S.-Mexico border fenceNearby Army Sgt. Eric Zeigler stood guard with another soldier. Both were military police officers assigned to protecting the Marines as they work.The 24-year-old soldier from Pittsburgh spent nine months in Afghanistan. "It's very different over there, obviously. It's a lot more dangerous," Zeigler said.He said he was surprised when got his deployment orders sending him to the U.S.-Mexico border."But I'm happy to go where I'm needed" he added as a man walked by carrying shopping bags headed to Tijuana.The U.S. military has deployed 5,800 active-duty troops to the U.S.-Mexico border.RELATED: Video?shows people climbing on top of border fence near Friendship ParkSo far, more are not expected, despite President Donald Trump's initial assessment that 10,000 to 15,000 were needed to secure the border against what he has called an "invasion" of migrants. Most in the caravan of several thousand are families, including hundreds of children.Another 2,100 National Guard troops are have also been deployed since April as part of a separate mission. Like the military troops, they are not allowed to detain illegal crossers. Instead, they have been monitoring cameras and helping to erect barriers.Of the 5,800 soldiers and Marines, more than 2,800 are in Texas, while about 1,500 are in Arizona and another 1,300 are in California. All U.S. military branches, except the Coast Guard, are barred from performing law enforcement duties.That means there will be no visible show of armed troops, said Army Maj. Scott McCullough, adding that the mission is to provide support to Customs and Border Protection."Soldiers putting up wire on the border and barriers at the ports of entry will be the most visible," he said.Marines and soldiers share the same duties in California and Arizona. These include erecting tents, setting up showers and arranging meals for troops working on the border, and assigning military police to protect them.There are no tents or camps being set up to house migrants, McCullough said. Medics are on hand to treat troops and border patrol agents — not migrants — for cuts, bruises and any other problems.Combat engineers — whose duties on the battlefield include setting up tactical obstacles to prevent the enemy from moving freely — are using their expertise to string wire on border walls and erect temporary fencing, McCullough said.Construction engineers have been assigned to weld together barriers and move shipping containers to act as walls.In Laredo, Texas, about 100 soldiers have been installing three layers of razor wire along the Rio Grande, working on the banks during the day and on the bridges at night to minimize the disruption to cross-border traffic.The current mission is scheduled to end Dec. 15 for now. It's unclear how much it will cost and military leaders have refused to provide an estimate.Critics have questioned the wisdom of using the military on the border where there is no discernible security threat. Since the Nov. 6 elections, Trump has said little about the matter and no border threat has materialized.Some border communities fear the barricades will scare off Mexican shoppers. The city council in Nogales, Arizona, slashed a proposed bonus for all employees in half over concerns about how the military's presence would affect its sales tax revenue after the military closed off two lanes at its border crossing.Defense Secretary Jim Mattis defended the deployment during a visit to the Texas border this week, asserting that in some ways it provides good training for war.Suyapa Reyes, 35, said she was puzzled as to why she would be seen as a threat. Reyes, her mother, 12-year-old daughter and 16-year-old son left Honduras with the caravan on Oct. 13, fleeing violence and poverty in her hometown of Olanchito de Oro.She does not want to return after coming such a long way but if she cannot get asylum and the border looks too dangerous to cross, she said she'll have no other choice."I'm not going to risk my life or safety nor that of my children," she said. 6241
SACRAMENTO, Calif. (KGTV) – The new year is right around the corner and with it comes a list of new laws going into effect on the roads. Some of the new California laws include gender identity on drivers licenses, new fees related to smog checks and rule changes for motorized scooters. The new laws take effect on January 1, 2019. Check out the list below for the new laws going into effect in 2019: Gender identity laws – The law allows people applying for a California drivers license or ID card to self-certify their chosen gender category of male, female or non-binary. Applicants who choose non-binary will receive an X in the gender category. Motorized Scooters – This law no longer requires helmets for riders who are at least 18-years-old on motorized scooters. It also prohibits people from operating the scooters on a highway with a speed limit over 25 miles per hour unless within a class IV or class II bikeway. Smog check changes and new abatement fees - The law expands smog check exemptions to vehicles that are up to eight model years old. During the additional two years, the vehicles will pay an annual smog abatement fee. Temporary license plate program – The law requires dealers to attach a temporary paper license plate on a vehicle at the time of sale unless the vehicle has a previously-issued license plate. The intent of the new law is to reduce the number of toll violations. Driving under the influence, ignition interlock device – From January 1, 2019 through January 1, 2026, the law mandates that repeat offenders for DUI and first DUI offenders whose violations result in injury to install an ignition interlock device for a period ranging between 12 and 48 months. Driving privilege for minors – The law repeals a juvenile court’s authority to suspend, restrict or delay the issuance of a drivers license of a habitual truant or ward of the state for up to one year. The law clarifies that any suspensions or delays reported prior to January 1, 2019, remain in effect.Unsafe, unsecured loads on vehicles – The law requires the DMV to include at least one question addressing laws on driving with an unsafe, unsecured load in at least 20 percent of the knowledge tests. The DMV is also reminding drivers of low-emission an transitional zero-emission vehicles that their green or white decals granting them access to HOV lanes expires January 1, 2019. Vehicles issued a green or white decal between January 1, 2017 and March 1, 2018 are eligible to apply for a red decal that grants them access to HOV lanes through January 1, 2022. The DMV plans to issue light purple decals in 2019 that will grant access to HOV lanes through January 1, 2023. Those eligible include drivers who haven’t applied for or received a consumer rebate pursuant to the Clean Vehicle Rebate Project, unless they meet annual income requirements. 2865
SAN DIEGO (AP) — Marine Corps prosecutors were meeting Tuesday to try and save its cases against 13 Marines accused of crimes tied to a human smuggling and drug investigation after a military judge ruled it was illegal to make the videotaped arrests made during a battalion formation while leaders called them “a cancer” and “bad Marines.”Maj. Kendra Motz said prosecutors at Marine Corps Camp Pendleton were exploring their options, but she did not know what they were considering.The judge, Marine Col. Stephen Keane, gave prosecutors until Nov. 25 to offer a way to remedy the situation.When ruling Friday, Keane agreed with defense attorneys that commanders violated the rights of the accused when they pulled the Marines out of a morning battalion formation of 800 troops at Camp Pendleton July 25 and accused them of the crimes in front of their unit, 1st Battalion, 5th Marines.The actions amounted to unlawful command influence, Keane said. That is when commanders use their positions of power to affect a case and compromise the ability for a fair trial.If the prosecution cannot remedy the situation, the court would be left with only one option: dismissing the charges, he said.Defense attorneys for some of the Marines have asked for charges to be dismissed. They say the public display would make it difficult to find an impartial jury pool and guarantee a fair trial.The Marine Corps filmed the arrests. The video was obtained by the San Diego Union-Tribune.The Marine Corps said in a statement when the newspaper obtained the video that it was made to document the arrest “in an unbiased, non-editorialized manner.”The video is for official use only and would not be released, Motz said. Prosecutors declined to be interviewed, saying they do not comment on pending cases.The military personnel are accused of various crimes from migrant smuggling to drug-related offenses, but officials have not said exactly how they were involved.U.S. Border Patrol officials say smuggling rings have been luring U.S. troops, police officers, Border Patrol agents and others to work for them as drivers — a crucial component of moving migrants further into the United States once smugglers get them over the border from Mexico.None of the Marines are accused of bringing immigrants across the border. 2309
SAN DIEGO — A new round of federal stimulus appears to be on the way as San Diego again deals with a coronavirus shutdown order. As it stands, more than 100 thousand San Diegans remain unemployed, as businesses are forced to close or limit their services. The governor's office ordered restaurants to go to takeout only, salons to close and gyms to transition outside. Meanwhile, ICU capacity in Southern California is at 0 percent.The new proposal looks similar to the original, called the CARES Act, which passed in late March. There is, however, a key difference - the direct payments to Americans are cut in half. Unemployed San Diegans will get an additional 0 on their weekly payments starting the week of Dec. 26, lasting through March 14. The prior stimulus bill added 0 per check. Plus, San Diegans who earned up to ,000 in 2019 will get 0 in direct stimulus payments, down from the ,200 in the first bill. "I think it's got to be more," said Alan Gin, economist at the University of San Diego. "This is a really serious situation, businesses are going out of business, and they need a lot more help than what's being provided in this package."But others say they are ready for any help. David Heine, owner of Beumont's and Brockton Villa, recently laid off 42 workers and created a gofundme page to help them. He says the forgivable small business Paycheck Protection Program loans are vital and will seek a second round. "We get SDG&E invoices, we get water invoices, we have to pay our insurance, liability insurance, workers comp, that all continues, so the expenses are extraordinary," he said. Heine said the new loan would give him the confidence to close or transition to takeout only and still have the resources to reopen. 1768