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reases is wrong, as these sectors continue to do the right things, while trying to weather the ongoing pandemic and the back and forth of reopenings," Wooten's request states.Deputy Attorney General Jonathan Eisenberg, representing the state, said Wooten's conclusions were based on case numbers that have since increased and cited statements she made during a Nov. 17 San Diego County Board of Supervisors meeting, which drew a different conclusion.During the meeting, Wooten said "the numbers have expanded" since she made her request to the state."We couldn't in good conscience create that same argument since that adjudication submission was sent to the state," Wooten said while answering questions from the Board of Supervisors.Eisenberg called the recent spike in cases "an unprecedented surge" with record numbers being reached at the state, local and national level.Saying the lawsuit was based on outdated figures, Eisenberg cited a study submitted to the court which he said indicated full-service restaurants and gyms are "the top spreader locations" of virus infections.Katz argued that study was done early in the pandemic and without taking the sanitation measures businesses have implemented into account.Katz said restaurants and gyms are being punished despite adhering to the state's guidelines and said the state's reopening plan has applied its restrictions to restaurants and gyms in an arbitrary manner, which he claimed wasn't backed by science.The businesses allege in their complaint that they may be forced to close permanently if indoor operations don't resume, and that outdoor and takeout service will not make up for the economic losses incurred thus far.While Eisenberg acknowledged that businesses are suffering from "great economic hardship," he said "the balance of harms here is overwhelmingly in favor of keeping these restrictions in place."Cowboy Star Restaurant and Butcher Shop sent ABC 10News the following statement after the judge's ruling. 4120

SAN DIEGO (CNS) - Authorities asked San Diego-area residents Wednesday to be on the lookout for a parolee wanted in connection with a recent Northern California homicide.Joshua Thomas Vaden, 30, is suspected of murdering a South Sacramento man last month, according to police.Relatives who had been unable to contact 49-year-old Army veteran Demian Michael for days found him slain in his home on the afternoon of April 14. Detectives soon identified Vaden as Michael's suspected killer, according to the Sacramento County Sheriff's Office.Vaden is a transient with gang ties and prior arrests for vehicle theft, resisting officers, carjacking, assault, battery, robbery, burglary, lewd acts with a child and failure to register as a sex offender, officials said. He is believed to have fled to Southern California, possibly the international border area in San Diego.He is described as black, 5 feet, 8 inches tall and weighing roughly 180 pounds.Anyone who may have information about the suspect's whereabouts is asked to call 800-222-7463. 1050

SAN DIEGO (CNS) - A man's body was pulled out of the water near a yacht club on Shelter Island Saturday, the San Diego Harbor Patrol said.At about 7:30 a.m. Saturday, a passerby near the Silvergate Yacht Club spotted a body floating in the water and called the harbor patrol.San Diego police were alerted and a diver removed the body of an older adult male from the water. A medical examiner arrived to take over the investigation into the man's death.No foul play is suspected, said Harbor Patrol Lt. Jensen Brian. 523

SAN DIEGO (CNS) - A suspected hit-and-run driver who allegedly struck and gravely injured a bicyclist last month in the Midtown area was arrested in a shopping center parking lot in Kern County, it was reported Wednesday.San Diego police identified the suspected driver last week as Mauricio Flores and also released the name of a woman, Jessica Bailey, suspected of riding in the van with Flores.The pair were in a 2005 Dodge Caravan with Georgia license places that struck a bicyclist around 1:30 p.m. on Aug. 21 on West Washington Street at India Street in the Midtown area, police said.RELATED: Bicyclist sustains life-threatening injury in hit-and-runThe victim suffered a life-threatening head injury and remains in the hospital, the San Diego Union-Tribune reported.In video shot by a witness and released by San Diego police, the driver could be seen stopping after the collision and getting out of the van.The video then showed the driver and passenger going to the injured man on the side of the road before the driver tugs the bent bicycle out from under the front of the van and sets it aside. He and the female passenger then got back into the van and drove away.A second passenger in the van has not been identified by police and no description of the man has been disclosed.An off-duty CHP officer who saw a flier about the collision spotted a suspicious looking van bearing CA exempt plates, typically used by state-owned vehicles, while riding his motorcycle in the Lake Isabella area over the weekend and notified the local office, CHP Officer Robert Rodriguez told the Union-Tribune.The officer assigned to that area -- roughly 35 miles northeast of Bakersfield -- went looking for the van early Tuesday morning and found it in a Vons parking lot, this time with Vermont license places, Rodriguez told the newspaper. With the assistance of Kern County sheriff's deputies, the officer located Flores and Bailey nearby and arrested them. 1962

SAN DIEGO (CNS) - A man who was previously acquitted of a 12-year-old Escondido girl's murder was released from county jail this week, months after he was charged with being a felon at a county jail.Richard Raymond Tuite, 51, was released Thursday after a judge set his bail at <云转化_句子> for a single felony count of being an ex-con on prison grounds or adjacent lands, one of several offenses now being set at <云转化_句子> bail in an effort to reduce jail populations since the COVID-19 pandemic began.He was charged in January for allegedly being at a corrections facility while having prior convictions that include burglary, bribery and escape from a jail. Details on why Tuite was at the jail remain unclear.RELATED: Investigation: Who killed Stephanie Crowe?Tuite had been in custody since January following the arrest, and his criminal case was recently reinstated after he was previously found mentally incompetent to stand trial. He's due back in court Sept. 24 for a preliminary hearing.Tuite was previously convicted of voluntary manslaughter and sentenced to 13 years in state prison in the well-publicized case regarding the stabbing death of seventh-grader Stephanie Crowe, but his conviction was later overturned and he was acquitted in a 2013 retrial.Crowe's body was found sprawled in the doorway of her bedroom by her grandmother early on the morning of Jan. 21, 1998. She had been stabbed nine times.Her older brother, Michael, and two of his friends, Aaron Houser and Joshua Treadway, initially were accused of committing the murder, and police extracted confessions from two of them during lengthy interrogations.The admissions were later ruled to have been coerced, and the charges against the boys were dismissed. During Tuite's retrial, the now-adult former suspects testified that they had no involvement in Stephanie's death.Tuite had been in the area of the Crowe residence the night the girl was killed. He was agitated and looking for a woman named Tracy, according to prosecutors, who contended that the disheveled and seemingly confused transient wandered into the Crowe home and attacked the girl.Investigators, however, found no physical evidence directly linking him to the crime scene.Analysts later found the victim's blood on two shirts that Tuite had been wearing on the day of the murder. Jurors who voted to acquit Tuite said they believed a defense theory of "contamination," in which blood from the crime scene somehow wound up transferred onto Tuite's clothing.More than two decades after the murder, two families reacted Friday after Tuite was released in the current case."I'm absolutely pleased. He is not a danger to anyone and doesn't belong in jail," said Tuite's sister, Kerry Licon."Richard Tuite, free, walking the streets after murdering my child, is our family's daily struggle to cope with. The absence of integrity, common sense - mixed in with qualified immunity - isn't just worrisome for us. It is a threat to everyone's safety!" said Stephanie's mother, Cheryl Crowe. 3019

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