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SAN DIEGO (CNS) - Opening statements are scheduled Monday in the murder trial of a man accused in the 2015 shooting death of a customer during a robbery at a Clairemont-area gas station convenience store, as well as a shootout with police two days after the killing.Ahmed Hassan Mumin, 34, is charged with murder, robbery, burglary, and being a felon in possession of a firearm in connection with the April 16, 2015, death of 48-year-old Eric Schade. Mumin also faces a special circumstance allegation that the killing happened during the course of a robbery, meaning he faces life imprisonment without the possibility of parole if convicted.He's also charged with two counts of attempted murder on a peace officer for opening fire on two arresting officers in an April 18 shootout at a City Heights apartment.At his preliminary hearing, surveillance footage was shown allegedly depicting Mumin inside an Arco am/pm at around 3:45 a.m., pointing a gun at the clerk and demanding cash. The store clerk testified that the robber was wearing a dark beanie and a bandana covering his face.The clerk testified that he put the cash drawer on the counter. But Schade -- a neighborhood regular -- took a swipe at the robber's gun as if to push it out of his face, and Mumin took a step back and shot the victim once in the chest, prosecutors alleged.The footage shows the shooter rifling through the cash drawer, then fleeing with an undisclosed amount of cash.Two days later, officers tracked Mumin to an apartment complex on Winona Avenue in City Heights. Police officers testified that Mumin hid behind a set of doors in a community room. As a detective tried one of the doors, the defendant opened fire from behind another door, prompting the detectives to return fire, according to testimony.Mumin was shot in the abdomen by police and hospitalized.Co-defendant Adan Ibrahim -- allegedly the getaway driver -- was previously charged with murder, though that count was dismissed earlier this year by San Diego County Superior Court Judge Kenneth K. So through application of the state's new felony murder rule. He still faces trial on robbery charges.Ibrahim's girlfriend, Kristine Mariano, was also in the getaway car during the robbery, according to prosecutors. She pleaded guilty to being an accessory after the fact earlier this year and awaits sentencing. 2365

SAN DIEGO (CNS) - San Diego County public health officials have reported 443 new COVID-19 cases and three additional deaths from the illness, raising the county's cumulative tally to 40,342 cases and 704 fatalities.Two women and a man died between July 29 and Sept 3. Their ages ranged from early 70s to early 80s. All three had underlying medical conditions.San Diego County's state-calculated case rate is 5.8 and the testing positivity percentage is 3.8%.Of 7,445 tests reported Friday, 6% returned positive, raising the county's 14-day rolling positive testing rate to 4.2%, well below the state's 8% guideline. The seven-day average number of tests performed in the county is 7,102.Of the total positive cases in the county, 3,199 -- or 7.9% -- have required hospitalization since the pandemic began, and 768 -- or 1.9% -- were admitted to an intensive care unit.County health officials reported four new community outbreaks Friday, bringing the number of outbreaks in the past week to 20. One of the outbreaks was in a government setting, two in restaurants and one in a hotel/resort/spa setting.The number of community outbreaks remains well above the county's goal of fewer than seven in a seven-day span. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households in the past 14 days.San Diego State University reported another 120 confirmed or probable COVID-19 cases among its student population Friday, raising the university's total caseload to 184 since fall semester began Aug. 24.On Saturday, SDSU issued a stay-at-home order for students living in on-campus residence halls, asking them to stay in their current residences except for essential needs throughout the weekend as the school battles an outbreak of the coronavirus.The order goes into effect at 10 p.m. Saturday through 6 a.m. Tuesday."Students should stay in their current residences, except to take care of essential needs, including medical care, accessing meals, shopping for necessities such as food/meals and medical supplies, exercising outdoors (with facial coverings), and traveling for the purposes of work," a statement from SDSU read.Violations of the order may result in disciplinary consequences, the college said.Additionally, San Diego County public health officials confirmed multiple clusters of COVID-19 cases within the university community among students. This includes the previously announced off-campus outbreak on Wednesday. SDSU officials say none of the cases under investigation are related to on-campus educational activities, including classes or labs.Luke Wood, SDSU's vice president for student affairs and campus diversity, said the university was working with a security company to enforce public health code violations and had issued a total of 457 student violations through Friday afternoon. Wood said the most serious of these violations could result in suspension or expulsion from the university. Some organizations have been cited as well. Wood said the majority of these were fraternities or sororities, but followed up that not all were, and outbreaks impact the community at large regardless of the type of group they occurred in.All of the university's in-person classes -- which SDSU President Adela de la Torre said comprised just 7% of all courses -- were moved online Wednesday. SDSU also paused all on-campus athletics training and workouts for two weeks starting Thursday due to COVID-19."Only a small fraction of students have met in person," de la Torre said. SDSU has a student body of more than 35,000. Nearly 8,000 students live on campus.She cautioned that "testing alone and testing once" would not be enough, and a robust system to enforce health orders would continue to be needed to avoid the "plague of parties" already present near campus.SDSU has more than 130 spaces for students to safely quarantine, according to the university, and all students who have moved into campus housing would be able to move out if they so choose.County health officials warned that Labor Day weekend could be a spreading event for COVID-19."Most people won't be working over the long holiday period, but COVID- 19 will not be taking the day off," said Dr. Wilma Wooten, county public health officer. "The more people go out and the more they interact with people outside their household, the more likely they are to contract the virus." 4432

SAN DIEGO (CNS) - San Diego-based medical technology company Phamatech and its CEO have agreed to pay more than million to resolve allegations that they submitted false claims to Medicare and received government reimbursements for unnecessary lab testing, the U.S. Attorney's Office said Friday.Prosecutors allege the company paid kickbacks to a medical clinic, which in return ordered Phamatech lab testing for its patients enrolled in Medicare.Over the course of about two years, Phamatech, which manufactures diagnostic devices and provides lab testing services such as drug and alcohol tests, paid a per-specimen fee to Imperial Valley Wellness in exchange for referrals of urine samples from Medicare beneficiaries, according to the U.S. Attorney's Office.Many of the samples referred to Phamatech were not necessary and thus ineligible for Medicare reimbursement, prosecutors said.The company, along with its CEO and founder Tuan Pham, agreed to pay ,043,484 to settle allegations that Phamatech violated the federal Anti- Kickback Statute and the False Claims Act.The U.S. Attorney's Office said the allegations were originally brought in a lawsuit filed by former Phamatech employee John Polanco, who will receive 7,392 from the settlement proceeds. 1273

SAN DIEGO (CNS) - SeaWorld San Diego announced Friday that it reached a milestone in the construction of its ``dive'' roller coaster by installing the ride's highest section of track 153 feet above ground. The ``topping-out'' ceremony included a crane placing an American flag at the ride's highest section. The ride, slated to open next summer, is being built adjacent to the Journey to Atlantis attraction, on what had previously been a parking lot. Construction on the ride, advertised as the tallest, fastest and longest such coaster in the state, began in August. The park originally announced the ride in January with the name ``Mako'' after the endangered shark species, which is considered the fastest shark in the world. Park officials announced its new name, Emperor, last month, saying it would reflect the ability of emperor penguins to dive to depths of 1,800 feet in the waters of their native Antarctica. After the 153-foot climb, Emperor will plunge back down 143 feet while reaching speeds of more than 60 mph, according to SeaWorld. The ride will include nearly 2,500 feet of track, ``floorless'' cars that will hold 18 riders in three six-person rows and penguin conservation and awareness elements through a partnership with Penguins International. The ride is being built by Swiss roller coaster manufacturer Bolliger & Mabillard Consulting Engineers. The company has built four other roller coasters for SeaWorld since 1997, one in San Antonio and the other three at SeaWorld Orlando. 1518

SAN DIEGO (CNS) - San Diego County will remain in the red tier of the state's four-tier COVID-19 reopening plan for at least another week, the California Department of Public Health confirmed Tuesday.The county's state-calculated, adjusted case rate is 6.8 daily infections per 100,000 residents, up from 6.7 the previous week. The unadjusted case rate was 7.2, up from 7 last Tuesday. The adjusted rate is due to San Diego County's high volume of tests, but still leaves the county on the precipice of the state's most restrictive tier -- purple.The testing positivity percentage is 3%, considerably less than last week, and that number would qualify for the third -- or orange -- tier.To remain in the red tier, the county must continue to have an adjusted case rate of less than 7.0 per 100,000 residents and a testing positivity percentage of less than 5%.A new metric the state released Tuesday is the health equity metric, which finds the positivity rate of the county's least healthy quartile. San Diego County's health equity is 5.7%, almost double the county's average positive testing percentage.According to the state guidelines, the health equity will measure socially determined health circumstances, such as a community's transportation, housing, access to health care and testing, access to healthy food and parks.Neighborhoods are grouped and scored by U.S. Census tracts on the Healthy Places Index, https://healthyplacesindex.org/. Some of the unhealthiest neighborhoods include Logan Heights, Valencia Park, downtown El Cajon and National City.According to county data, the county's health equity testing positivity percentage is 6.2 and is in the red tier. Wooten said that complicated metric will be explained this week when the state releases an official "playbook" of how it is calculated and what it means to communities throughout the state as they attempt to reopen.The metric will be used to determine how quickly a county may advance through the reopening plan, San Diego County Public Health Officer Dr. Wilma Wooten said last Wednesday.A community can only be as well as its unhealthiest quartile, she said, and while counties with a large disparity between the least and most sick members of a community will not be punished for the disparity by sliding back into more restrictive tiers, such a disparity will stop counties from advancing to less-restrictive tiers.To advance to the orange tier, the county would need to report a metric of less than 5.3%.The California Department of Public Health will update the county's data next Tuesday, Oct. 20.County public health officials reported 195 new COVID-19 infections on Monday, raising the total to 50,746 cases. The number of deaths in the region from the illness remains at 826.Of the 7,573 tests reported Monday, 3% returned positive, bringing the 14-day rolling average percentage of positive cases to 2.9%. The seven-day daily average of tests was 10,424.Of the total number of cases in the county, 3,692 -- or 7.3% -- have required hospitalization and 854 -- or 1.7% of all cases -- had to be admitted to an intensive care unit.One new community outbreak was reported Monday in a restaurant/bar setting. In the past seven days, 46 community outbreaks were confirmed, well above the trigger of seven or more in a week's time. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.Over the weekend, the county allowed private gatherings of up to three households, based on the state's new guidance issued Friday.The gatherings must take place outdoors. If at someone's home, guests may go inside to use the bathroom. Participants in a gathering need to stay at least six feet apart from non-household members and wear face coverings. Gatherings should be kept to two hours or less, the new guidelines state. 3892