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SAN DIEGO (CNS) - An alleged drunken driver was going 121 mph when he caused a fiery freeway pileup that killed two men and seriously injured a woman on Interstate 15 last year, a prosecutor told jurors Tuesday, but a defense attorney claimed an off-duty San Diego police sergeant is actually to blame for the deaths.Jeffrey Brian Levi, 39, is charged with murder, gross vehicular manslaughter while intoxicated, hit-and-run and drunken driving, for the Jan. 2, 2018, deaths of 33-year-old Jesus David Dominguez and 19-year-old Isaac Felix, who were burned to death inside a Toyota Corolla that was struck at about 11:45 that night in the fast lane of northbound Interstate 15 near Miramar Road.Giovanna Dominguez -- Jesus Dominguez's sister and Felix's girlfriend - - was also a passenger in the Corolla. She survived but sustained broken bones and burns across her body.RELATED: Suspected drunk driver facing murder charge in fiery crash that killed twoDeputy District Attorney Andrew Aguilar told jurors in his opening statement of Levi's trial that the defendant rear-ended the Corolla, then walked away from the crash scene unscathed.The Corolla was left disabled in the fast lane with no lights on, its three occupants "sitting ducks" for an ensuing crash, Aguilar said.A short time later, a Ford Explorer driven by off-duty San Diego police Sgt. Raymond Rowe then struck the Corolla, which burst into flames and left Dominguez and Felix trapped inside the burning wreckage, while bystanders pulled Giovanna Dominguez out.The Ford Explorer overturned, coming to rest upside down, and Rowe was treated for minor to moderately serious injuries.Aguilar alleged that about three hours after the crash, Levi had a blood-alcohol content of 0.16%, which is twice the legal limit.Levi, who was charged with murder due to a 2007 misdemeanor DUI conviction, faces 40 years to life in prison if convicted.Defense attorney Amanda Waddle alleged that Rowe was "an unreasonable and negligent driver" who should be held liable for the deadly wreck. According to Waddle, Rowe was speeding, failed to wear his prescription glasses and was looking in his rearview mirror at the time of impact.Aguilar noted that Rowe often used his rearview mirror to spot anyone who might be trailing him from the police station to his home, a risk that Rowe potentially faced as a member of the department's gang unit.In addition to not paying attention, Waddle said that Rowe failed to use evasive maneuvers that were part of his police training."This was the direct result of that secondary, very violent crash where Sgt. Rowe was not paying attention to the roadway in front of him," Waddle said.The defense conceded that Levi was driving too fast in connection with the initial crash, but said "thankfully" there were no significant injuries as a result.Giovanna Dominguez -- who was expected to testify Wednesday -- did indicate during a preliminary hearing earlier this year that no one was injured as a result of the initial crash. She testified at the previous hearing that her brother and Felix remained strapped into their seats while trying to contact authorities, but she undid her seatbelt because she wanted to get out of the car and was afraid of being struck again. 3262

SAN DIEGO (CNS) - Backers of an initiative that would have raised San Diego's hotel tax to fund a long-awaited expansion to the city's bayfront convention center failed to collect enough valid signatures to earn a spot on the November ballot, the city clerk's office announced Wednesday.A random sampling of the campaign's more than 114,000 signatures by the county Registrar of Voters fell short of the threshold of verified signatures needed to place an issue on the ballot. A signature-by-signature count will start immediately, but such a count typically takes 30 days to complete, and the deadline to place a measure on the ballot is Friday."Colossal failure," initiative opponent City Councilman David Alvarez wrote on his Twitter page.Overall, 71,646 valid signatures are needed to place an initiative on the ballot. The signature-by-signature count could qualify the hotel tax increase for a future election if it isn't completed in time for the November ballot.The City Council could also decide to place the measure on the ballot during a Thursday special meeting, but that would raise the initiative's required success threshold to two-thirds voter approval.The proposed initiative would raise the city's 12.5 percent hotel tax to 13.75 to 15.75 percent depending on the location of each hotel.The 42-year tax increase was expected to generate .4 billion, including nearly .8 billion for the convention center.An estimated 7 million would have gone to homelessness services and housing funding over the tax increase's first five years. An additional 4 million would have gone to road repairs. 1621

SAN DIEGO (CNS) - Authorities Tuesday publicly identified a 71-year-old man who was killed in a collision at a Rancho Bernardo intersection.John Atcheson of San Diego was turning from Meandro Drive onto Rancho Bernardo Road when an eastbound 2001 Toyota Tacoma pickup truck crashed into his 2018 Chevrolet Volt shortly before 6:30 p.m. Monday, according the county Medical Examiner's Office.Medics took Atcheson to Palomar Medical Center in Escondido, where he was pronounced dead.The other motorist, a 23-year-old woman, was hospitalized for treatment of broken bones, police said. 590

SAN DIEGO (CNS) - In a first for San Diego County elections, the polls for the Nov. 3 Presidential General Election will open for four days, starting today from 8 a.m. to 5 p.m.In light of COVID-19, voters were encouraged to vote from home using their mail ballot. This close to the election, voters are advised to not mail in ballots, as they may not reach the registrar in time.For those who want to vote in person, they can vote early at their assigned polling place from Saturday, Oct. 31 through Monday, Nov. 2 from 8 a.m. to 5 p.m.On Thursday, the registrar reported nearly half of the county's 1.95 million registered voters had already cast their ballots, more than double the number received by that point in 2016.More than 937,000 ballots had been received as of Thursday. At this point in the 2016 presidential election, the registrar had received 409,702 ballots.Even so, due to the pandemic and a predicted high voter turnout, the registrar's office is continuing to urge voters to avoid long lines and crowded polling places by voting before Election Day itself.Mail-in ballots were sent to all registered voters in the county on Oct. 5, even those who had not requested one.There are fewer polling places than in past elections, and the location of some polls have changed so voters are encouraged to check the back of their sample ballot and voter information pamphlet before heading out to vote this weekend.Voters casting ballots in person are instructed to bring a face mask and plan to maintain social distance. ``We encourage voters to act early and make voting decisions from the comfort and safety of their home,'' Vu said. ``Mark your ballot, sign, seal and return your mail ballot to a trusted source. The sooner we receive your ballot, the sooner we can start processing it so it will be counted right when the polls close at 8 p.m. on Nov. 3.''Assigned polls were included on the registrar's postcard reminder sent to voters last week or voters can look it up at sdvote.com. Voters can also confirm their ballot was received by the registrar's office online at the same site.The hours at the polls and the Registrar of Voters office will change to 7 a.m. to 8 p.m. on Election Day, Nov. 3. Voters should prepare for long lines.A statement from the registrar also reminds San Diegans campaigning or electioneering within 100 feet of a polling place or mail ballot drop-off location is not allowed. This includes the visible display or audible dissemination of information that advocates for or against any candidate or measure on the ballot. 2575

SAN DIEGO (CNS) - A San Diego judge's ruling today clears the way for the proposed Plaza de Panama project in Balboa Park to proceed.San Diego Superior Court Judge Gregory W. Pollack ruled both the project's proposed bond funding mechanism and an agreement of cooperation with the Plaza de Panama Committee to be legal, allowing the city to proceed with the plan to reduce traffic congestion in the park, according to the city attorney's office.San Diegans for Open Government argued that the city should have allowed voters to decide whether the city should rely on million in bonds to help fund the project.The City Council approved the project by a 7-1 vote in 2012, but six years of challenges and litigation stalled its implementation.The project will limit vehicle access and improve parking in order to restore the Plaza de California and Plaza de Panama as dedicated pedestrian areas."Balboa Park truly is the jewel of San Diego, and I am excited that the city can finally move forward with its plans to revitalize the Park for the enjoyment of San Diegans and tourists alike," City Attorney Mara W. Elliott said after the ruling.The Plaza de Panama project will also include improvements to more than six acres of park space and improved park access. The city will select contractors through a competitive bidding process and plans to break ground on the project as soon as next spring. 1407