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San Diego (KGTV)- Family members of a man shot and killed by police in El Cerrito are demanding answers. Witnesses told police they saw the man swinging a shovel at officers before shots were fired. The family says the man had a mental illness. The aunt who called police Saturday night tells 10News she called 911 so officers could help get her nephew to a mental health facility. “We all call police for help,” says Grace Carolino. She says she’s still in disbelief that her cousin was shot and killed over the weekend. “It’s really bothering our family what happened because he’s not a threat.”Police said when they arrived at the home on Adelaide Avenue the man resisted arrest. Officers used a taser on the man. Witnesses say the man was swinging a shovel at police. Then another officer fired shots. “I can not imagine how the police officer used deadly force,” says brother Anthony Carolino. According to the District Attorney’s office, between 1993 and 2017, 79 percent of officer-involved shootings had some evidence of drug use or mental health concerns. Just last week, Governor Newsom signed a new law requiring officers to use every non-lethal option. But the Carolino family says that wasn’t the case over the weekend. “We have the taser; we have the pepper spray, we have the canine unit, we have a police negotiation team. Those things are not here.”The family says they are hoping this doesn’t happen to another family. 10News reached out to the San Diego Police Department to ask if they were aware of the man’s mental illness, the time frame of when the taser and gun were fired and how long officers were there before the shooting. We are still waiting to hear back.  1735

SAN DIEGO, Calif. (KGTV) - A large San Diego Church is continuing to hold in person, indoor services despite orders from San Diego County to hold services in outdoor settings only. Awaken Church has gotten three cease and desist orders at different locations and also had an outbreak at one of those locations, according to San Diego County.County Supervisor Nathan Fletcher said the church is not cooperating with the county in regards to the outbreak at their Balboa location, so the county had to publicly announce the community outbreak and ask anyone impacted to quarantine. Typically, the specifics of community outbreaks would not be publicized, but he said the lack of cooperation from the church led to the public notice.“The Awaken Church in general has continued to be very defiant and continue to put the members of their church at a great risk and continue to not cooperate as we seek to investigate positive cases, which led us to the unique situation of publicly reporting that they did have a public outbreak at the Awaken Church,” said Supervisor Fletcher.Anyone who went to the location at 7620 Balboa Ave. between Nov. 15 and Nov. 22 is asked to quarantine for two weeks.Related: County asks Kearny Mesa church attendees to quarantine after COVID-19 outbreakSupervisor Fletcher said the county is trying to find a balance between respecting freedom of religion and also keeping the community safe.“We do recognize the first amendment role and I recognize the important role faith plays in our lives and in our community, particularly in a time of difficulty, which is why we work so hard to try and make sure that it is available, it just has to be available in a safe way,” he said.Glenn Smith is a Professor of Constitutional Law at California Western School of Law and also teaches at UC San Diego, and said there’s a chance churches could fight restrictions in court, but it depends on the circumstances. He said if a church is impacted by blanket rules for an area, they would likely not win in court. A church would have to prove that they were treated differently.“If religions are being treated in a nondiscriminatory fashion, in other words if there’s a general law that establishes how many people can be in a room or what are the conditions, and it happens to have an incidentally impact on religion, that’s not a special problem as long as government has a rational reason for doing that, that’s alright. It’s only when government discriminates against religion that a special level of review called strict scrutiny is required and government has to have a really really good reason for discrimination,” said Smith.He added that the makeup of a court will also impact any future decisions on religious freedom, saying when Justice Ruth Bader Ginsburg was alive, cases regarding religious freedom during the pandemic were found to not be discriminatory, however with the newly appointed Justice Barrett, it’s more likely the Supreme Court would rule in favor of a church. 3009

SAN DIEGO, Calif. (KGTV) - The VA San Diego Healthcare System began distributing its first doses of the COVID-19 vaccine Tuesday, Dec. 22.The VA received 2,800 doses of the Moderna vaccine, which is enough for their whole staff and everyone on their priority list. The first people to get the vaccine were people who either work or live in nursing care facilities and also people in the spinal chord injury unit. The VA anticipated being able to get all of those people vaccinated in the first day.Next for the VA are people in the ICU, emergency departments and those directly caring for coronavirus patients. It was estimated that all of those people should be vaccinated in the first day or two.Doctor Robert M. Smith is the director of VA San Diego Healthcare System and said their priority is getting people vaccinated quickly. He said they do not plan on saving any of the doses that are needed for a second vaccine 28 days after the first is injected. Rather, they will rely on the chain of command to get them those second doses in a timely manner, vaccinating as many people as they can in the meantime.“We and the rest of San Diego are seeing a huge increase in the number of COVID patients right now and it’s really straining resources so we need to make sure our staff can stay well so they can provide that care,” said Smith.Smith said they are starting with giving out 300 doses per day, hoping to be able to give up to 600 doses per day eventually. Once all staff are vaccinated in the next few weeks, the focus will be on the community and the 120,000 eligible veterans who are covered by the VA.He advised veterans in the community to not reach out to the VA, saying at first, the VA will be prioritizing some veterans and contacting those who are eligible, then eventually the VA will be more flexible with allowing other veterans to walk in and get the vaccine. 1888

SAN FRANCISCO (AP) — A judge ordered California's attorney general to release police misconduct records predating Jan. 1, when new transparency legislation took effect.San Francisco Superior Court Judge Richard B. Ulmer, Jr. on Friday also rejected arguments by Attorney General Xavier Becerra that his office should not have to release records of local law enforcement.The legislation was designed to guarantee public access to disciplinary records involving investigations into officer shootings, use-of-force incidents and incidents involving officer misconduct.The tentative ruling was a win for the First Amendment Coalition and National Public Radio member KQED-FM, which sued Becerra's office for records under the legislation."Judge Ulmer's order sends the clear message that the Attorney General is not above California law," said David Snyder, the coalition's executive director.In response, Becerra's office said Friday it would release records from before 2019 but only those regarding Department of Justice officers. The office said in a statement that requiring the office to release records involving other departments "would result in duplication of efforts."The judge ordered the attorney general's office to meet with the coalition and KQED to work out the logistics of releasing records.Ulmer said the 1st District Court of Appeal had already decided that the law is retroactive. He also dismissed the argument that making the attorney general provide records of local law enforcement would be burdensome.Ulmer said lawmakers could not have been oblivious to the potential cost of carrying out the legislation, and "the people will likely be agnostic as to which tax-funded agency foots the bill." 1724

SAN DIEGO COUNTY (KGTV)-- While most beaches in San Diego County are entirely closed due to the Coronavirus pandemic, Coronado, Torrey Pines, and Oceanside do not have hard-closures. However, most of the visitors at the still-open beaches were doing their part in maintaining proper social distance. Get out and stretch out. Many people found one of the rare places in San Diego County to do so: Coronado Beach. "All the gyms, and everywhere you can get a little exercise, are closed," Manhattan Beach resident, Ryan Darling said. "I actually came out just to stretch my legs a little bit and get out of the house to do some lunges." Darling is visiting a friend in Coronado. He was worried the beach here would be packed. But many are finding it to be pretty mellow. "It's just as nice to see that it's not crazy on this nice, beautiful Saturday," Coronado resident, Brenda Byrnes said. Coronado Lifeguards periodically make announcements over the loudspeakers to take enforcement to the next level. "We're trying as hard as we can to keep the beach open. So we ask that you guys remain in motion," lifeguards said. If they see anyone loitering, sunbathing, or quietly sitting on the sand, they tell them to get a move on. It's a message most people seem to be following. "I went the whole way, and we just wave hi to one another from six feet and keep going," Darling said. The same goes for Oceanside. The beaches there have similar soft-closure rules. The parking lots, Pier, picnic areas, and playgrounds are closed. Congregating is strictly prohibited. These cities are following State guidelines practiced at Torrey Pines State Beach. Parking lots are closed, so visitors must hike into the beach. But some fortunate folks found street parking. "It's our lucky day!" visitor, John Hughes laughed. "Get out, get some sun, and then we'll go back home and hibernate."So far, visitors at the still-open beaches seem to be taking social distancing seriously. It's because if they do not, they know this luxury may be taken away at any time. "I hope they remain open, and to be used just the way they are right now," Byrnes said. "But if it gets too crowded, then I'm for closing them." 2195

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