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PINE VALLEY, Calif. (KGTV) -- After Larry McNamer received a cease-and-desist letter from San Diego County officials, during the first week purple tier restrictions went into place, he said he will not back down."This is what courts are for. I'll fight it, I will fight it," the owner of Major’s Diner in Pine Valley said.In the letter, county officials noted he could face up to a ,000 fine for every violation under the state's guidelines, which includes not allowing guests inside."It could be ,000. I don't care because I can't afford to pay it, so I couldn't pay it if I had to,” McNamer told ABC 10News.McNamer said it all boils down to survival of this business and what he thinks is right in an uphill battle with the county and the state."They're going to have be a lot more fair about doling this out and understand that we zero cases up here [in Pine Valley],” he said.Even as he continues to serve up hot plates inside, McNamer said nothing changes when it comes to safety measures given by the state. He said guests are sat apart inside and have the option of dining outdoors if they choose.ABC 10News caught up with a couple from Alpine who grabbed a bite to eat Friday morning, not because Major's was the only diner open but they wanted to support him after seeing him on ABC 10News newscasts."We saw they were in trouble and in need of assistance, so we came to support them,” the supporter, Mark, said.ABC 10News asked Mark and his wife if they thought customers supporting restaurants who defy public health orders are contributing to the problem of COVID-19 cases rates surging, as restrictions continue to grow."Show me the data that these are sources of community spread because the data I see doesn't show that,” Mark said.McNamer said he's been receiving postcards and letters from people across the county supporting his choice of staying open to survive."It empowers you, it lets you know you're doing the right thing,” he said. 1967

Philip Roth, a Pulitzer Prize-winning novelist who wrote about male lust, Jewish life and America, died Tuesday night at a hospital in New York.He was 85.Roth died of congestive heart failure surrounded by close friends and family, his friend Judith Thurman said. The people who visited him in his final days came from all walks of life, from writers and lifelong friends, to people he's helped and inspired along the way."He was an incredibly generous person. Always very exigent, and he held you to a very high standard -- and he held himself to an even higher standard," Thurman said. "He was, in my opinion, a very great writer and a very great man." 662

Our newsroom has been inundated with calls, emails and social media posts about Florida Power and Light’s response to the on-going power crisis.Many residents are asking, waiting and wondering when exactly your power will come back on. 248

PHOENIX, Ariz. -- New witness video shows Phoenix police pinning down a 28-year-old man on a scorching summer street just minutes before he became unresponsive and died.Ramon Timothy Lopez was the father of two children, including a newborn baby. Lopez had been diagnosed with paranoid schizophrenia, according to his girlfriend. He worked as a truck driver, and he lived less than a mile from where he encountered police on August 4.The witness, who captured about 20 seconds of cell phone video, said she stopped with other traffic as an officer chased Lopez back-and-forth across 51st Avenue near Indian School Road at about 10:30 a.m. that day. The woman, who also lives in the Maryvale neighborhood, asked KNXV not to use her name. She felt the first officer was overly aggressive toward Lopez."[I] felt he was using a lot of force to slam his body into the ground," the woman said. "The gentleman seems like he was still struggling, but at that point, it seemed like he just didn’t want his face smashed on the asphalt. It was super hot.”Minutes earlier, police were dispatched to a report of a man looking into car windows in a nearby parking lot. Phoenix police say Lopez saw the officer approaching him when he ran into a liquor store, threw a drink at the officer, and ran away into the road."The officer was by himself and when he grabbed hold of Lopez, they both fell onto the hot asphalt and both could have been struck by vehicles on 51st Avenue," Sgt. Mercedes Fortune said in an email to KNXV.Once other officers arrived, "Ramon refused to cooperate and continued to kick and pull away from officers," Fortune added.The witness video, from the moving car, showed one officer holding Lopez's feet to the ground. A second officer appeared to kneel on Lopez's back and a third officer was crouching near his upper body. It's unclear whether he was also on top of Ramon."He did have his left knee in the midst of his back and shoulders," the witness said. "[The officer] had [Ramon's] arms pressed against the tops of his shoulders and his legs were actually on his hand, so at that point, [Ramon] was restrained, and [the officer] was still put in quite a bit of force."Lopez appeared to be holding his head off the pavement, but he was not moving otherwise. Police said they found no drugs or weapons on Lopez.Police say they put Lopez in the back of a police car before he became unresponsive. He was taken to the hospital and pronounced dead."Officers did not place their knee(s) on Ramon's neck and at no time was his airway obstructed," Fortune said. She added that Ramon was laying on the roadway for a minimal amount of time.Asphalt on a 100-degree morning in Phoenix can become hot enough to cause serious burns on human skin.Fortune also said it would be "highly irresponsible" to assume the cause of death. According to the Maricopa County Medical Examiner website, the autopsy results are still pending.The witness who spoke to KNXV said she also called the Phoenix Police Department to report concerns about what she saw. She said a sergeant returned her call."He let me know he reviewed the body cam and didn't see anything that I was reporting," she said. "At that point, he couldn't really help me with anything, and it wasn’t, you know, his department."She's still hoping for answers and closure for Lopez's family and her entire neighborhood."I’m supposed to depend on these police officers to protect us, and when I see situations like this, it’s just hard to know where to put the trust at this point," she said.Phoenix police tell KNXV they will release their bodycam video of the arrest and in-custody death next week.This story was originally published by Melissa Blasius at KNXV. 3723

OTAY MOUNTAIN, Calif. (KGTV) - An illegal immigrant rescued by Border Patrol agents during hot weather in South San Diego County "signaled gratitude" with a thumbs up gesture, CBP San Diego said.The man had crossed the border illegally and called 911 from Otay Mountain Thursday after midnight to get help, officials said. Agents used a helicopter to find the man and remove him from rough terrain, according to the CBP San Diego Twitter feed. Temperatures in the area were in the mid-80s with high humidity at the time.The immigrant was suffering from severe dehydration and was treated at a Border Patrol station, officials said. The unidentified man, a Mexican citizen, faces removal, CBP San Diego tweeted. 718