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(KGTV) -- Testimony will continue Tuesday in the preliminary exam for the suspected smuggler charged with murder after leading the border patrol on a wild, high speed chase that ended with the deaths of three of his passengers. It happened on westbound Interstate 8 near Boulevard on the evening of November 29th, 2018. Luis Virgen, 21, is a U.S. citizen who had been living in Tijuana at the time of the crash. He's charged with second degree murder and gross vehicular manslaughter. Virgen is accused of smashing through a gate that leads into the U.S. from Mexico with 10 undocumented immigrants in his truck, including 9 in the bed of the truck under a tarp. Everyone but the driver was thrown from the truck when it crashed after hitting a spike strip deployed by the border patrol. Gregg Curtis testified that after the truck blew past him, he started shooting video with his cellphone in case something happened. Curtis can be heard talking under the cellphone video, which was played in court Monday. "I wouldn't be surprised if he totally crashes his brains out," said Curtis. RELATED: Investigation looks into Border Patrol pursuits, crashesDavid Rieu is a professional truck driver. He also testified about how fast the defendant was going."I was alarmed at a vehicle passing me at such a large rate of speed that it shook my truck," said Rieu. The border patrol received some criticism following the incident, some questioning why they didn't call off the chase given the wet roads and dangerous conditions at the time. Several agents testified that they had no idea that the truck's bed was hiding several undocumented immigrants. Another agent described how he tried to revive the victims. "Another individual, I cradled his head, he was moaning and groaning, and I told him he was going to be fine that it was just a scratch and to stay awake," said Agent Jahir Waterman. If convicted on all counts, Virgen could spend 45 years to life in prison. 1970

(KGTV) — State wildlife officials are warning people not to feed deer in Northern California to help control the outbreak of a fatal disease in the animals.Department of Fish and Wildlife officials say they have confirmed outbreaks of "adenovirus hemorrhagic disease" in deer across several Northern California counties, including Napa, Santa Clara, Sonoma, Tehama and Yolo counties. The disease is typically fatal to deer and can be spread by animals in close contact with each other. The virus is not known to affect humans, pets, or domestic livestock.Adenovirus hemorrhagic disease, or CdAdV-1, isn't new. In 1993-1994, an outbreak of the virus was reported in black-tailed deer and mule deer in 18 counties. Since that outbreak, the virus has been identified as the cause of sporadic and widespread hemorrhagic disease in deer in California and other western states.The disease causes excessive salivation (drooling or foaming at the mouth), diarrhea, regurgitation, or seizures in infected deer, however, those animals infected are often found dead with obvious symptoms, sometimes near water.Deer fawns are at the greatest risk of the disease, according to CDFW.Officials say feeding deer can cause the animal to gather and spread the virus to each other."Providing attractants for deer – food, salt licks or even water – is against the law for good reason," said Brandon Munk, senior wildlife veterinarian with CDFW’s Wildlife Investigations Laboratory. "Because these artificial attractants can congregate animals and promote the spread of disease, it’s particularly imperative to leave wildlife alone during an outbreak. There is no cure or vaccine for this disease, so our best management strategies right now are to track it carefully, and to take preventative measures to limit the spread."People can help officials track and study the disease by reporting sightings of sick or dead deer. 1909

(KGTV) - The group leading the campaign to transform the San Diego County Credit Union Stadium site into a west campus for San Diego State University has major concerns over the question that will be posed to voters on the November ballot. Friends of SDSU is dismayed to the point that the issue could wind up in court. "Our position is we've correctly portrayed the initiative measure in our corrected version. If that isn't acceptable for whatever reason, we'll have to determine whatever remedies are available," Attorney Ken Lounsbery, speaking on behalf of the campaign, said to the City Council on Monday. RELATED: San Diego State's Mission Valley stadium plan includes NFL possibilitySDSU West is competing with SoccerCity, a private development, over the future of the 166-acre site. Both are promising a smaller stadium with a river park. The City Attorney's office, which is suing to get both thrown off the ballot, developed the language for both initiatives to go before voters. The SDSU West question, of 75 words, doesn't say the university would buy the land for fair market value. It also says the California State University Board of Trustees would determine development, which "may" include a new stadium, academic building, residential, and retail. RELATED: SoccerCity would bring?97,000 daily vehicle trips to Mission Valley, SANDAG saysLounsbery said that sells the initiative incredibly short."There are certain improvements that are listed and they are mandated," Lounsbery said. "As the ballot questions says, they - may - be built or completed."Lounsbery submitted changes to the City Council, but Assistant City Attorney Leslie Fitzgerald rebutted his seven key points. RELATED: Councilman Scott Sherman compares SoccerCity, Friends of SDSU plansFor instance, she said the initiative does not say the land must be sold at fair market value. "The language must be accurate, cannot be misleading or advocate," she said. "We would not recommend the changes proposed in the motion."Still, three council members - Lori Zapf, Barbara Bry, and Chris Ward - voted to change the language to Friends of SDSU's request. But the full council overruled them.Ultimately, the council, with Chris Cate absent, unanimously voted to send SoccerCity and the SDSU West initiative to the Registrar of Voters, both with the City Attorney's language.   2448

A 9-year-old boy retrieved a gun from his parents' bedroom and shot his 13-year-old sister to death, authorities said, after the two got into an argument over a video game controller.The incident occurred over the weekend in rural Monroe County, Mississippi, as the children's mother was preparing lunch in the kitchen, the country sheriff said."He wanted the controller, and I guess he knew where to find the gun," Sheriff Cecil Cantrell told CNN.The boy grabbed a handgun, which was kept in a nightstand next to the bed, and shot the sister in the back of the head, the sheriff said."This is the first time I've ever dealt with any child that was shot like that," Cantrell said. "And I hope I never deal with it again."The girl was taken to Le Bonheur Children's Hospital in Memphis, where she was pronounced dead Sunday.The case is still under investigation and authorities have not filed charges."We are talking to the district attorney," Cantrell said.The-CNN-Wire 977

(KGTV) - The search for a young East San Diego County man will be profiled this month by missing persons investigator John Walsh. Twenty-year-old Elijah Runningbear Diaz, a member of the Barona Tribe, was last seen Aug. 29, 2015 in El Cajon. His mother dropped him off at his home on Joey Lane about 10 p.m. Diaz’ mother reported him missing the next day - the day his cell phone was turned off. There was no further activity on his bank account or social media. RELATED: Family still searching for missing El Cajon man Officers found a 50-inch television had been removed from his bedroom along with his sheets and the contents of a safe. Diaz has type one diabetes and, at the time of his disappearance, had a serious foot injury that required him to use crutches. He also has a bear claw tattoo on his inner left forearm. El Cajon Police joined Diaz’ friends and relatives for a door-to-door search near his home in 2015. The show “In Pursuit with John Walsh” will follow the unsolved missing persons case on Wed., Jan. 15.City News Service contributed to this report. 1079

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