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SAN DIEGO (CNS) - A 19-year-old accused in the fatal beating of a 56- year-old man near a pedestrian bridge behind Petco Park was ordered Friday to stand trial on a murder charge, though a torture count was dismissed by a judge.Dominick Wells is accused in the Nov. 18, 2018, beating of Edward Starland, who was left comatose following the attack allegedly perpetrated by Wells and four juveniles. The juveniles -- two girls and two boys -- face unspecified charges in an ongoing juvenile court case.Witnesses said Starland had been fighting with a group of young people the afternoon of Nov. 18 before he was thrown down and beaten. When witnesses started yelling at the attackers to stop, they fled east on Imperial Avenue, police said.RELATED: Man dies after attack near Petco Park; four teens arrestedStarland never regained consciousness and was placed on life support. He died Dec. 3 at Scripps Mercy hospital.A cell phone video recorded by a bystander was shown during Wells' preliminary hearing and captures Starland, Wells and the juveniles exchanging words, none of which can be heard in the video. At some point, both men grab objects to seemingly defend themselves. Wells picks up a broomstick, while Starland lifts a bicycle over his head.Starland later tosses the bike to the ground, and is then knocked down by Wells and the juveniles, who begin punching and kicking him as he's on the sidewalk.RELATED: No charges filed against teen charged in Petco Park beatingWells' attorney, Stewart Dadmun, argued that Starland was the aggressor. The attorney said Starland made lewd comments to a 14-year-old girl in Wells' group, then threatened Wells and the others with violence, including lifting the bicycle into the air with the intention of dropping it onto Wells' head.Dadmun argued that Wells only wanted Starland to leave them alone and that the victim had been harassing them for some time prior to the events shown in the video.Deputy District Attorney Mary Loeb argued that self-defense did not apply because Wells advanced upon Starland to knock him to the ground. She noted that after Starland tosses the bike to the ground, he appears to back up a few steps before being attacked.RELATED: Arrests made in attack near Petco Park that left man with serious injuriesA medical examiner testified that Starland's death was the result of a heart attack, which could have been caused by stress or trauma from the fight. He also suffered from cardiac disease, the examiner testified, which Dadmun argued made it unclear whether the heart attack could be definitely stated as a result of the altercation with Wells.Superior Court Judge Yvonne Campos said "both adults played a role in this."Though she found insufficient evidence to hold Wells on the torture count, Campos said she could not overlook the nature of what ensued after Starland was taken to the ground."Once the victim was down on the ground, the continuing rampage against him is not something I can set aside," the judge said.Wells remains held on million bail and is due to return to court May 23 for a Superior Court arraignment. 3120

SAN DIEGO (CNS) -- A 76-year-old woman who died on May 24 is the first local fatality of e-cigarette or vaping-associated lung injury, the San Diego County Health and Human Services Agency announced Thursday.Three vaping-associated lung injuries in young adults were confirmed in recent weeks and are the first reports of the lung illness in San Diego County since 2019.All the newly reported local cases tested negative for the novel coronavirus, which causes COVID-19, and all reported recently vaping products containing THC.The California Department of Public Health recently recognized new reports of confirmed lung-injury cases in persons vaping THC-containing products in April, after no cases had been reported since February.Since July 2019, a total of 52 EVALI cases have been reported in San Diego County residents. All patients had to be hospitalized."While our community is understandably focused on COVID-19, it is important to remember that lung injury from vaping is still a major public health concern," said Dr. Wilma Wooten, county public health officer. "People who vape, especially those using THC-containing products, are urged to stop."In January, the San Diego County Board of Supervisors voted to restrict the sale of flavored smoking products and e-cigarette and vaping devices in the county's unincorporated areas. These restrictions were proposed as a response to the e-cigarette- or vaping-associated lung injury cases in the county and across the country. Enforcement of these restrictions will begin July 1.THC-containing e-cigarette or vaping products, particularly obtained from informal sources, are linked to most e-cigarette or vaping, lung injury cases. Vitamin E acetate has also been strongly linked to the outbreak and has been found in product samples from patients and in patient lung fluid samples.The Centers for Disease Control and Prevention recommends that people not use THC-containing e-cigarettes or vaping products obtained from informal sources such as friends, family, pop-up shops or online sellers. Additionally, the CDC says that youth, young adults and pregnant women should never use e- cigarette or vaping products. 2182

SAN DIEGO — NFL quarterback Drew Brees and his wife say a San Diego jeweler lied and falsely represented the value of the jewelry sold to them.That's according to a lawsuit in which Brees and his wife are seeking million in damages and court costs from Vahid Moaradi, the founder of CJ Charles Jewlers, for fraud, a breach of an oral contract, and violations of business professions code.The lawsuit accuses Moradi of making friends with the Breeses and then using his "relationship and position to induce" Brees to rely "on his false representations as to the investment quality and market value" of numerous diamonds, a lawsuit filed in San Diego said.In the lawsuit, Brees says he has spent millions of dollars in business with Moradi, purchasing jewelry as gifts and as investments."In total, [the Brees] invested approximately million in investment quality diamonds recommended by Moradi," the suit states. "The independent appraiser determined the true market value of the diamonds ... was approximately million less than the prices the [Brees] paid."Brees also claims that Moradi "confessed he charged Plaintiffs a substantial markup," in one case charging a 550 percent markup. Brees also argues that Moradi went so far as to conceal the true quality of the diamonds using "reflective and painted settings." Moradi has fought back against the allegation. His attorney issued a statement, saying Brees has only himself to blame."Drew Brees aggressively purchased multi-million dollar pieces of jewelry. Years later, claiming to suffer ‘cash flow problems,’ he tried to bully my client into undoing the transactions," Eric George, Moradi's attorney, said. "Mr. Brees’s behavior and his belief that he was wronged because the jewelry did not appreciate in value as quickly as he hoped both demonstrate a lack of integrity and contradict basic principles of both economics and the law."He should restrict his game-playing to the football field, and refrain from bullying honest, hard-working businessmen like my client."  2128

SAN DIEGO - San Diego Democrats are now celebrating their party officially taking back the House of Representatives.Now, they want action on a bill they say will take corruption out of U.S. politics."Having the Democrats take back the house is the best birthday present anybody could have," said Ruth Kirk, who lives in Hillcrest. On Thursday, Kirk celebrated with about three dozen of her like minded friends - in front of Democratic Congresswoman Susan Davis's office in North Park. The demonstrators, part of a group called Indivisible, worked to flip house seats from red to blue in the 2018 election. With that goal accomplished, Indivisible is turning its attention to reforming how politics operate in this country. Indivisible held rallies outside Davis's office as well as Republican Congressman Duncan Hunter's Temecula headquarters. They are pushing for H.R. 1 - a bill that would reform campaign finance laws, ethics, and voting rights."We want to get the money and the gerrymandering out of politics and the ethics back into government," Kirk said. Davis says the bill is still being drafted and hopes to have it passed by Jan. 21. That's the eighth anniversary of the Supreme Court's Citizens United decision, which freed corporations and unions to spend all they want on political ads. It appears, however, to have a minuscule chance in the Republican-controlled senate. Majority leader Mitch McConnell last month called it a blatantly unconstitutional effort to micromanage our elections. Political analyst Ruben Barrales, who worked in the George W. Bush administration, says there are some aspects of the bill that could pass - such as more daylight for campaign contributions. He says Republicans may find some of the bill's provisions too restrictive or granting too much power to one agency.Kirk says she's already thinking about 2020 - and campaigning to put more Democrats in the Senate - and one in the White House. 1947

SAN DIEGO (AP) — Three solo home runs were enough to power the San Diego Padres past the Miami Marlins.Franmil Reyes, Hunter Renfroe and Ian Kinsler homered, and left-hander Joey Lucchesi combined with two relievers on a four-hitter for his first victory in six starts to lead the San Diego Padres to a 5-2 victory Friday night."We thrive with the long ball and we've got the guys who can hit them," manager Andy Green said. "You have to embrace who you are. We've got a lot of slug as a club. It's nice when you get guys on base and hit two- and three-run homers, but solos did it today."Lucchesi certainly enjoyed the power display."I love it. I love when guys hit them," the big lefty said. "It makes them feel good, it makes us feel good. It's great."Lucchesi (4-3) hadn't won since beating Cincinnati at home on April 21. He retired his first seven batters before allowing a double by Miguel Rojas in the third. He then retired eight straight before allowing a home run by pinch-hitter Rosell Herrera with one out in the sixth. Lucchesi struck out five and walked one.Craig Stammen pitched 1 2/3 hitless innings, Phil Maton allowed two singles to open the Marlins' ninth and Kirby Yates came on to get the final three outs for his 22nd save, best in the majors.Herrera was pinch-hitting for lefty Caleb Smith (3-3), who lost his third straight decision after allowing two runs and three hits in five innings. He struck out eight and walked two."I thought he threw the ball really well," manager Don Mattingly said. "Gives up the two solos, but I think we saw the finish that we talked about before, more swing and miss. Definitely a lot better out of Caleb tonight."The Padres "don't really chase too far out of the zone," Mattingly said. "They've got swing and miss but they don't chase all over the place, so there were a lot of deep counts and you've got to make pitches, so we know they're dangerous from that standpoint."Reyes homered on a line shot to left with one out in the first, his 16th. Renfroe hit a moonshot into the second balcony on the Western Metal Supply Co. Building in the left-field corner with one out in the fourth for his 15th."I felt like my stuff was pretty good," Smith said. "Just made a couple mistakes and I've got to stop giving up the long ball."Kinsler homered off Austin Brice with one out in the seventh for his seventh. 2370