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SAN DIEGO (KGTV) - San Diego County is nearing a move into the state's most restrictive tier of COVID-19 regulations.California launched a tier system in late August to measure COVID-19 risk within a county. San Diego County is now moving into the so-called purple tier, or widespread tier. Moving into that level would trigger stricter regulations, including the indoor closure of several businesses like restaurants and gyms.Some restaurant owners say if San Diego County moves into that tier and they are ordered to close their indoor dining areas, they will not follow the orders."We really want to push against it. There's no other way of making it nowadays," said Nick Kacha, the manager of Rudford's Restaurant in North Park.On Thursday, they put up a sign outside the restaurant that says, "Stand Up Small Business. #Defy""We're hoping other businesses will stand up with us and join the wave," Kacha said. He says nearly a dozen other businesses have said they will also stay open.Restaurant owner, Todd Brown, says he's still deciding what to do. He owns several restaurants, but the one is focused on is Bub's at the Beach in Pacific Beach. Brown says he is worried if they have to close again, they might close for good.Both businesses have followed the public health orders since the pandemic started. But for Brown, he says this time he is thinking it through."If we decide to stay open, it's not because we're trying to make a political statement. It's because we're trying to survive," he said. "You have the option of defying an order and staying open. How does that work? I have no idea, and it's not something I'm really interested in doing. But the other option is your doors are closed forever." 1724

SAN DIEGO (KGTV) -- San Diego Police Chief David Nisleit has ordered an internal investigation into a controversial arrest that is making the rounds on social media. The video shows a protester being taken away in an unmarked van as one officer warns her family around her not to follow them or he will shoot. Thursday at around 9:30 pm, a young woman is handcuffed on Park Avenue. Moments later, she is snatched off the street and taken away in the unmarked police vehicle. "She said somebody took Shayla; like somebody came and took her," the woman's mother, Breann Piccini, told ABC 10News exclusively. (WATCH VIDEO IN PLAYER ABOVE STORY)The woman detained in the video is a 20-year-old biracial San Diego State University student, Shayla Piccini. Piccini's mother said Shayla and her cousins spent the day at a massive protest in Downtown San Diego. After several hours, the group was walking back to their car when Shayla saw several police motorcycles driving past them. At that moment, Shayla held up her cardboard sign, according to her mother. 1060

SAN DIEGO (KGTV) -- San Diego County officials are once again sounding the alarm, asking San Diegans to follow all health guidelines to slow the spread of COVID-19.On Wednesday, local leaders held a press conference to discuss the county's latest numbers and their placement on the state's colored tier system. The county stayed in the red tier, but was dangerously close to slipping into the more restrictive purple tier. In fact, County Public Health Officer Dr. Wilma Wooten said San Diego County was only two cases away from the purple tier."Yesterday we dodged a bullet. We could not have gotten any closer without tripping into the purple tier," County Supervisor Nathan Fletcher said at Wednesday's press conference. "But we don't want to live or die on the tiers by how many tests we've done."The county's unadjusted case rate is 7.7, while the adjusted rate is 7.0. Officials said the county's testing efforts allowed for that adjusted number. The county's health equity metric also improved, going down from 5.7% to 5.5%; the metric looks at the most undeserved, impacted communities.On Wednesday, health officials reported 263 new COVID-19 infections and six additional deaths, raising the region's cumulative totals to 53,263 cases and 863 fatalities.Six new community outbreaks were also reported Wednesday, two in businesses, two in restaurants, one in a restaurant/bar setting and one in a healthcare setting. In the past seven days, 32 community outbreaks were confirmed, well above the trigger of seven or more in a week's time.A community outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.Wooten said the best way to keep cases down is to continue following all health guidelines in place, like wearing a mask, staying home if you're sick, social distancing and avoiding indoor gatherings. The county is also looking ahead to Election Day, urging San Diegans to vote via mail-in ballot, but also reassuring in-person voters that it will be safe to cast a ballot. County Registrar of Voters Michael Vu is asking all in-person voters to wear a mask and be patient on Election Day. Vu said all 4,500 election workers will undergo two days of training before the election so they can handle sanitization procedures and how to direct crowds. Each worker is screened for COVID-19 daily.The county will find out next Tuesday if they stayed in the red tier of if they will move back to purple. City News Service contributed to this report 2531

SAN DIEGO (KGTV) -- San Diego Harbor Police Tuesday arrested a man accused of attacking a teen Syrian refugee on board an MTS trolley, sparking a hate crime investigation. According to police, 26-year-old Adrian Vergara was arrested on an unrelated misdemeanor narcotic charge. During his arrest, Vergara was recognized as being wanted in connection to an ongoing hate crime investigation, police said. The arrest stems from the beating of a 17-year-old Syrian refugee on a San Diego Trolley car Oct. 15. Representatives for the Partnership for the Advancement of New Americans (PANA), who spoke on the teen's behalf, told 10News the teen was speaking Arabic while on FaceTime with a friend when a man on the trolley asked him, "Where are you from? Are you Mexican?"RELATED: Teen attacked on trolley in possible hate crimeThe teen reportedly responded, "No, I am Arab."According to the teen, the man then started punching him and cursing while using racial slurs. The victim reportedly exited the trolley at the 62nd Street station in Encanto. He said the man also got off the trolley and left the scene.Numerous people reportedly watched as the victim was attacked, but no one stepped in to help him. Police have obtained video of the attack and said it confirms what the victim reported. Anyone with information on the incident is asked to call Crime Stoppers at 888-580-8477. 1387

SAN DIEGO (KGTV) - San Diego Police arrested a man who tried to rob a downtown bank Saturday.Police said a 34-year-year old white man entered the Chase Bank on West Broadway and handed a note to a teller saying that he was robbing the bank shortly before 3 p.m. The teller was able to keep the suspect inside the bank until San Diego Police arrived on the scene. Police took the empty-handed suspect into custody without incident as he was walking out of the bank. Anyone with information about the incident is asked to call Crime Stoppers at 888-580-8477.  585

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