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SAN DIEGO (CNS) - A gunman who allegedly tried to mug a man he met online under the pretense of buying a gold chain outside a Chula Vista Costco, was behind bars Wednesday, facing a robbery charge.Albert Molina, 30, was arrested Tuesday after a scuffle in which the 23-year-old alleged victim snatched away his gun, fired a shot and held him at gunpoint while calling 911, according to police.Prior to the confrontation, Molina and the other man had communicated via OfferUp, an online service that facilitates private sales of used goods, Lt. Dan Peak said.Meeting the seller outside a Costco store in the 1100 block of Broadway, Molina agreed to buy a gold chain and provided a money order to supposedly pay for it. The two men tried to cash the check together, but found it was no good, according to police.They went to Molina's car and were sitting in it when the seller asked Molina to return his chain, which Molina was wearing, Peak said, adding "the suspect refused and pulled out a gun."The two men wrestled over the gun, which ended up in the seller's possession as he fell out of the vehicle. Believing Molina was going to run him over, he fired a round in Molina's direction, then held him at gunpoint while summoning police.Patrol officers arrived shortly after 7:30 p.m. and took both men into custody. After being interviewed by detectives, the seller was released, while Molina was booked into San Diego Central Jail. Neither was reported to be injured. 1477
SAN DIEGO (CNS) - A former La Jolla Country Day School teacher pleaded guilty Thursday to having sex with a 17-year-old female student and faces up to one year in local custody.An Oct. 21 sentencing date is scheduled for Jonathan Sammartino, 37, who also could face lifetime sex offender registration and be prohibited from teaching again at any school.San Diego County Superior Court Judge Charles G. Rogers, who took Sammartino's plea to a felony count of unlawful sexual intercourse with a minor, said he was "not inclined" to impose sex offender registration, but still might do so at the sentencing hearing.As part of the plea agreement, felony counts of oral copulation of a minor and digital penetration of a minor were dismissed.Sammartino, the son of U.S. District Judge Janis Sammartino, remains out of custody, pending the sentencing hearing.The victim, identified only as "Jane Doe" in court proceedings, testified earlier this year at Sammartino's preliminary hearing that the first sexual encounter happened in the early part of 2016, when he arrived at her home unannounced around midnight. She said she went outside to meet with him in his car, at which point he told her he didn't trust himself around her.Sexual encounters occurred that night in his car and on several other occasions in his vehicle and his house over the next few months, she testified.The victim, who went on to attend UC Berkeley, filed a report with campus police in the summer of 2018. Charges were filed later that year.In a recorded phone call played during the preliminary hearing, Sammartino admitted to the past encounters with the victim."Why did you do it? You knew I was 17," Doe says on the recording. "You knew I was your student. You knew it was my first time and I lost my virginity to you.""I don't have a good answer, because I wasn't thinking through what I was doing," he replied, apologizing to her several times throughout the call. "I can't believe that I did that."At the preliminary hearing, defense attorney Eugene Iredale unsuccessfully argued to have the charges reduced to misdemeanors, and introduced evidence regarding a 2015 bicycling accident in which Sammartino hit a pothole while riding in La Jolla and landed on his head. Sammartino was hospitalized and had to re-learn some functions before going back to the classroom, according to the defense attorney.Iredale argued that the brain injury affected his emotions and ability to make reasonable judgments, playing "a significant factor" in the commission of the charged acts.Rogers ruled against the defense request in January. Though he said he believed Sammartino had been affected by the injury and was unlikely to re- offend, he stated that the sexual nature of the defendant's relationship with the teen was entirely his idea."She wanted an emotional relationship with Dr. Sammartino. That is abundantly clear, and frankly, I think it's also clear that he wanted and needed an emotional relationship with her. But the sex was not her idea; the sex was his idea," Rogers said. "He was the grown-up and it was his responsibility not to do that." 3129

SAN BERNARDINO, Calif. (KGTV) -- Prosecutors said Monday that a California man killed his business partner and his family out of greed, according to the Associated Press. Prosecutor Sean Daugherty told jurors that Charles Ray Merritt wrote checks totaling more than ,000 on his partner’s QuickBooks account after the family disappeared. The comments came during opening statements in the trial for the alleged murders of Joseph McStay, Summer McStay and their three and four-year-old sons. Prosecutors also say that, while being questioned about the family’s disappearance just days after they went missing, Merritt kept referring to Joseph in the past tense.Outside the courtroom, defense attorney Rajan Maline said Merritt’s livelihood depended on McStay being alive. The McStays disappeared from their Fallbrook home in early February 2010. Days after they were last seen, the family’s SUV was found abandoned at a strip mall parking lot in San Ysidro.RELATED: Trial set to begin in McStay family murder caseIn 2013, the bodies of the family members were found in the Mojave Desert, near Victorville. Prosecutors said the family died from blunt-force trauma to their heads. Authorities found a sledgehammer, believed to be the murder weapon, in one of the graves.According to court documents, investigators believe Summer McStay may have been raped before she was killed. Merritt was arrested in connection with the killings in November 2014 after sufficient evidence linking him to the case, including DNA, was discovered.Authorities alleged Merritt killed the family members inside their home and then buried them in the desert. Merritt also tried to paint over the crime scene, according to authorities.During Monday’s opening statements, jurors in the San Bernardino County courtroom are expected to hear a tape of Merritt being questioned by investigators.Merritt, 61, has pleaded not guilty to charges of murder and is being held without bail.Prosecutors are seeking the death penalty in the case. 2017
SAN DIEGO (CNS) - A bicyclist riding with a group of cyclists was seriously injured Saturday when he was struck by a motorcycle in Pacific Beach, police said.The collision happened at 3:14 p.m. Saturday at the intersection of Ingraham Street and Reed Avenue, according to Officer John Buttle of the San Diego Police Department.A 23-year-old man riding a 2017 Harley Davidson Sportster was southbound in the 4200 block of Ingraham as a group of cyclists were eastbound in the 1500 block of Reed Avenue, Buttle said.The cyclists entered the intersection and the motorcycle struck one of them, a 49-year-old man, the officer said.The motorcyclist suffered road rash to his right leg, Buttle said. The bicyclist suffered a broken left femur and broken ribs. Medics took the cyclist to a hospital.Officers from the SDPD traffic division were investigating the collision, Buttle said.Ingraham was closed in both directions at Thomas and Oliver avenues and was expected to last a couple of hours, the SDPD said. 1012
San Diegans are concerned about the opioid epidemic gripping the country. Law enforcement and other officials joined together to study what neighbors do with unused medications.In all, 3,280 people took the survey. The key findings: 240
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