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SAN DIEGO (CNS) - A San Diego federal judge refused Tuesday to release 34 "medically vulnerable" detainees from the Otay Mesa Detention Center, which has the largest COVID-19 outbreak among the nation's U.S. Immigrations and Customs Enforcement facilities.U.S. District Judge Dana Sabraw previously ruled that a group of medically vulnerable detainees be released, in respose to a lawsuit filed by the American Civil Liberties Union alleging that overcrowded conditions at Otay Mesa put detainees at serious risk of contracting the virus.More than 200 people have tested positive at the facility since the outbreak began, including 57-year-old Carlos Escobar-Mejia, who became the first ICE detainee to die from COVID-19 earlier this month.While most of those detainees have been released since Sabraw's ruling, ICE was allowed to review their criminal histories, and decided that 34 among them should remain in custody "based on defendants' determination that they pose a danger to the community," the judge wrote.Sabraw ruled that while Otay Mesa still has the largest virus outbreak in the nation, the reduction in the facility's population and other factors have likely reduced the risk for those still detained.Sabraw's ruling denying a request for a preliminary injunction indicates the facility is currently at 38% capacity, and that the 34 detainees at issue are spread out throughout the facility.The judge wrote that 30 of those detainees are in housing units with no positive cases, "a stark contrast to the situation that existed before the TRO issued, where medically vulnerable detainees were being housed throughout the facility with other detainees who had tested positive."Sabraw wrote that the remaining four detainees are in a unit that is at 12% capacity. Three of the four detainees tested positive for COVID-19 before his TRO order was issued, but have since recovered. The fourth detainee "may be at increased risk, but other factors mitigate that risk," Sabraw wrote.The judge said Otay Mesa has taken measures to mitigate the risk of further spread, including suspending new detainee admissions, screening people who enter the facility, increasing sanitation, providing masks to detainees and requiring employees to use personal protective equipment.Additionally, Sabraw wrote that unlike the detainees previously released, the government had additional interest in "protecting the community," when considering the 34 remaining detainees.Earlier this month, Sabraw also denied a request from the ACLU to release medically vulnerable U.S. Marshals Service inmates from the facility, citing a law that limits the ability for inmates in criminal custody to file lawsuits in federal court, placing certain restrictions on inmate release requests when it concerns the conditions of their detention. 2826

SAN DIEGO (CNS) - No charges were filed Wednesday against a 19-year-old man arrested along with three teenage girls for allegedly attacking and severely beating a 56-year-old man near Petco Park.The investigation is continuing into the case against 19-year-old Dominick Wells in connection with the attack that left Edward Leon Starland on life support, said Tanya Sierra, a spokeswoman for the District Attorney's Office.Three girls, ages 14, 15 and 17, also were arrested on suspicion of felony battery, said San Diego police Lt. Matt Dobbs. One of the girls had a detention hearing at Juvenile Court Wednesday.Starland was attacked about 2:10 p.m. last Sunday near the pedestrian bridge adjacent to Petco Park, Dobbs said.Police and paramedics found the victim unresponsive.Investigators determined the victim got into an argument with a group of teenagers and was knocked to the ground, then beaten, the lieutenant said.When witnesses started yelling at the attackers to stop, they fled east on Imperial Avenue, he said.Wells was arrested about 3:15 a.m. the next morning. It was not clear if he would be released from custody while the investigation continues. 1178

SAN DIEGO (CNS) - A pickup truck struck and gravely injured a 70-year-old man today near Horton Plaza, authorities reported.The pedestrian was crossing G Street in downtown San Diego when the vehicle pulled out of a parking structure east of Third Avenue and hit him shortly after 3 p.m, according to police.Medics took the victim to a hospital for treatment of life-threatening injuries, Officer Dino Delimitros said. 426

SAN DIEGO (CNS) - A woman was shot when a verbal argument turned physical in the Valencia Park neighborhood of San Diego, authorities said.It happened just after 9 p.m. Saturday in the 5000 block of Palin Street, according to San Diego police Officer Robert Heims.``During the argument it turned physical with pushing,'' Heims said. ``There were gunshots and a 35-year-old female was shot in the foot.''The woman was driven to a hospital with a wound not believed to be life-threatening, he said.There was no suspect description, Heims said. 549

SAN DIEGO (CNS) - A North Carolina man who raped and murdered a 79- year-old woman in her Normal Heights home more than three decades ago was sentenced Friday to life in prison without the possibility of parole. Kevin Thomas Ford, 63, was convicted by a San Diego jury last month for the May 20, 1987, murder of Grace Hayden, who was strangled and smothered during the rape, according to Deputy District Attorney Valerie Summers. The prosecutor said Ford worked as a driver for older medical patients in San Diego and had driven Hayden two days before her body was found on the floor of her bedroom. DNA on the victim's body, as well as a fingerprint found on her stovetop led to Ford's 2018 arrest in North Carolina. Jurors deliberated for about five hours before convicting Ford of murder and special circumstance allegations of murder in the commission of rape and murder in the commission of a burglary. RELATED: Testimony wraps in trial of 1987 rape, murder of Normal Heights womanFord claimed to have had consensual sex with Hayden on or around the day she was killed, but maintained at trial and the sentencing hearing that someone else killed her after he left her home. At Friday's sentencing, Ford addressed the court, saying he sympathized with Hayden and her family and couldn't imagine if something similar had befallen his mother or grandmother. ``I can't imagine what it's like, having to go through what Grace Hayden went through. It must have been a night of sheer terror,'' Ford said. “But the police got the wrong man. Whoever did this is either dead or still running around free. I didn't do it. God knows I didn't do it.'' San Diego County Superior Court Judge Louis R. Hanoian expressed his disappointment with Ford's denial of the crime, calling the killing ``despicable'' and ``heinous,'' prior to imposing the life without parole sentence. ``You have to be the most unlucky person on the planet, maybe the most unlucky person who has ever lived on this planet, to have supposedly engaged in consensual sexual intercourse with a 79-year-old invalid woman, left your biological material in her, and then within -- 12 hours? -- that woman is found dead as the result of a rape murder that you didn't do?'' Hanoian said. ``The jury didn't believe it. I didn't believe it. I don't believe it.'' RELATED: Man pleads not guilty in 1987 rape, murder of San Diego womanSummers told jurors in her closing argument that injuries to Hayden's face and the back of her head indicated a ``horrible struggle.'' The victim asphyxiated from a dislodged lower denture, which is believed to have come loose during the attack. ``The final moments of this woman's life, which should have been in peace, were violent, sexually violent, and just nothing but pure terror,'' the prosecutor said. Summers said the defendant told investigators he didn't know Hayden, then testified at trial that he had lied because he didn't want to get in trouble. He also wrote a letter to his wife stating he thought he might be arrested someday, but ``I didn't know how good their evidence was,'' according to Summers, who told the jury, ``Well, now he knows, as do you.'' Summers also called Ford's claim of consensual sex a ``ridiculous story,'' particularly given Hayden's mobility issues. Defense attorney Courtney Cutter alleged the prosecution ignored the presence of a second man's DNA on vaginal swabs of the victim. The identity of the second DNA contributor remains unknown. The attorney also argued that Ford's fingerprints were nowhere else to be found in Hayden's home, not even on items the perpetrator apparently rifled through to steal, including Hayden's purse and pill bottles. 3688