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SAN DIEGO (KGTV) - A federal judge has ordered the San Diego Police Department to stop citing people for living in their vehicles.The decision comes after a lawsuit was filed against the city by a group of homeless people and their advocates.On Tuesday, United States District Judge Anthony Battaglia agreed with the plaintiff’s argument that the city’s municipal code was too vague in defining what constitutes habitation of a vehicle.Tristia Bauman, an attorney with the National Law Center on Homelessness & Poverty which helped work on the case told 10News, “we are very happy and pleased that the judge understood what we were arguing.”However, that was only one half of the lawsuit. The other half targeted the city’s municipal ordinance that outlaws RV parking from 2-6a.m. Known as the Nighttime RV Ordinance, or Oversized Vehicle Ordinance (OVO), the judge denied the request to enjoin it, saying the same argument did not apply.In the decision, Battaglia wrote “while the court sympathies that this Ordinance leaves Plaintiffs with nowhere to park between these hours and is decidedly unfair, the law is not ambiguous, unclear or vague in any way.”A spokesperson for city attorney Mara Elliot declined to comment beyond saying they “will review the ruling and advise our client.”An early neutral evaluation conference had been scheduled for Thursday with all the parties. Bauman said it could result in a settlement or go back to the court for a final ruling. 1486

SAN DIEGO (KGTV) - A grieving mother says the flu was the main cause in the death of her healthy teenage son.Cellphone video captured a smiling Brian Finete, 19, surprising his mother with flowers for her birthday last Tuesday night at their home in Clairemont."The moment was special. He was always a happy boy with a big heart. He loved life and always wanted to make people happy," said Maria Finete.Later that night, Finete played Xbox all night with his friend at his home. Just past 4 a.m., he went to the bathroom. About two hours later, the friend woke up and went looking for him. Finete was found collapsed in the bathroom."I started screaming, said to call 911. I start CPR," said Maria.Finete was rushed to a hospital, but was declared brain dead a few days later. He was taken off life support on Saturday."We have no words to describe this. We don't understand why," said Maria.Finete, who had no known underlying conditions, tested positive for influenza B. Doctors told her the flu had spiked his blood sugar levels, and the combination of the flu and the high blood sugar levels caused him to collapse and stop breathing. "I never thought in my mind my kid would die from that," said a tearful Maria.She says her son had few symptoms. He had a lingering cough from a cold from last month. The night before he collapsed, he woke up in a sweat next to his girlfriend."When he sleeps he always sweats a little bit. He did tell her, 'I'm not feeling that good,'" said Maria.She says he didn't have a fever, took ibuprofen for a headache and seemed fine that Tuesday night. He was discovered hours later."Just so hard to see my baby gone. Don't know what to do without him," said Maria.Amid the grief: the pain of 'what ifs.' Her son decided not to get a flu shot this season, despite almost always getting it in the past."Take it. Take the flu shot if you can," said Maria. Finete had attended University City High and was planning on enrolling in Mesa College this year.A Gofundme campaign has been set up to help the family with expenses. 2061

SAN DIEGO (KGTV) - A former Border Patrol agent was sentenced Wednesday for trying to smuggle drugs across the U.S.-Mexico border while on duty in 2016.Noe Lopez, 37, of Chula Vista, was sentenced to 70 months in prison for attempting to smuggle methamphetamine and cocaine in exchange for cash. He pled guilty to the charges in June 2017.Investigators say the former Border Patrol agent agreed to pick up backpacks containing the drugs from the north side of the border while on duty. Undercover DEA agents used substances resembling drugs in the backpack drops.RELATED: Border Patrol agent arrested in North San Diego County on drug , weapons chargesIn a conversation with an undercover agent, Lopez discussed the area known as "Goat Canyon" as a preferred location, according to investigators, saying "Honestly, the thing is that there aren’t—there aren’t any cameras. Nothing, nothing, nothing."At times, investigators said Lopez switched shifts with another agent to be in a preferred area for a drop.Lopez would load the backpacks in his Border Patrol vehicle and deliver what he thought were narcotics after work in exchange for thousands of dollars, according to the charges.RELATED: Border Patrol agent found not guilty on murder charges, hung jury on two lesser charges"This is a fitting sentence for a law enforcement agent who, instead of policing drug traffickers, joined them," U.S. Attorney Adam Braverman said in a release. "Noe Lopez will pay a high price for betraying his fellow agents and his badge."Lopez was arrested on Dec. 14, 2016, after undercover agents moved in after setting up another backpack drop with the purported drugs."Noe Lopez violated the trust of the public and the law enforcement community he betrayed," Rodney Scott, San Diego Sector Chief Patrol Agent, said. "Noe Lopez is the anomaly; he does not represent the professionalism, honor and distinction that Border Patrol agents exhibit everyday safeguarding our nation.” 2012

SAN DIEGO (KGTV) — A group of rising juniors at Del Norte knows navigating middle and high school can be hard, and doing it virtually, can be even harder."Staying alone in the house and social distancing has made it hard to hang out with friends but with this platform, they can learn from their community and learn from their community's experiences." In July, they created Light the Way Project and have been helping peers across San Diego, the U.S., and the world with virtual peer-to-peer webinars followed by Q & A sessions."When we talk about our experiences people younger than us they feel better and reassured about the future," said one of the group's administrators. "People appreciate we're doing this especially in a pandemic." The group covers relevant topics like competitive culture, dealing with stress and anxiety, and managing your time when learning from home. "We talked about different strategies such as sleep schedules, managing priorities, divide and conquer strategies, and how to take productive breaks."They promote their events through social media, word of mouth, and forums like NextDoor. Eighty-five students hopped in on their first webinar in July, their most recent one drew in over 100."We noticed there's a lot of research and literature behind positive effects with peer mentorship as it alleviates stress and anxiety."The group is planning a summit in January tailored to those with an interest in engineering. 1461

SAN DIEGO (KGTV) - A great-grandmother is pleading for the return of her late husband's ashes, after the theft of a truck belonging to the moving company she hired.A frustrated Dee Randolph spoke to 10News from her new home in Tennessee. On a day in May, Mission Transportation - the company she hired for the move - loaded up her belongings at her home in La Mesa. That same night, or early the next morning, the truck was stolen from near a parking lot in the 6400 block of Federal Boulevard in Lemon Grove. "I was just in shock. How do you react? I was stunned," said Randolph.Weeks later, the truck was found abandoned outside a vacant building near Escondido.Three-quarters of her possessions were gone, including furniture, clothing and dozens of pieces of jewelry. Also missing was an urn holding the ashes of her husband David, who passed away from a stroke in 2014."I used to carry him with me for about a year. When I was in the kayak, I brought him with me ... made me feel like he was still with me ... Now I don't feel like he's here. I feel like he's gone," said Randolph.Also stolen was a wooden sculpture and several other art pieces crafted by her husband, a millennial print of a Rembrandt etching valued at several thousand dollars, and a detailing of her lineage inside a bible that's been in her family for several centuries."I was passing it onto my grandsons to continue that history," said Randolph.That history is lost for now, along with a piece of Randolph's heart. "You don't think when you hire a moving company that you will lose everything," said Randolph.The monetary loss will be covered by the moving company and her own homeowner's insurance. Randolph hired a private investigator, who obtained surveillance video showing a white van pulling up to the moving truck. Anyone with information is asked to call Crime Stoppers at 888-580-8477. 1883