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EL CAJON, Calif. - The grieving mother of an accused thief filed a lawsuit Thursday against the homeowner who shot and killed her son.The civil suit identifies the homeowner as Michael Poe, and it stems from an incident in the early morning hours of March 11. Police say the homeowner woke up to the sound of glass breaking. He went outside and found someone breaking into his work truck. He told police there was a confrontation and he shot the thief.RELATED: Confrontation between?homeowner, suspected thief ends in deadly El Cajon shootingJoseph Mercurio was the man killed. His mother Monika Anderson said her son had a drug problem but was doing his best to stay sober.“He was on Suboxone, a drug to stay sober, and someone had stolen his Suboxone,” Anderson said. “Although it's really hard for me to imagine my son at  31 years of age would just start stealing, but I think he was just desperate for drugs and in a lot of pain. I don’t think he deserved to die over that.”Police are investigating the incident and no criminal charges have been filed. Anderson’s attorney, Dan Gilleon, said that investigation should not affect their civil lawsuit.“The bottom line is Joe shouldn't have died and at a minimum it's because this guy didn’t act reasonably,” Gilleon said. “This is not the Wild West. If you decide to play that gunslinger role, then you’re going to end up losing everything you own.”The lawsuit does not specify an amount.“It’s like a mother’s worst nightmare,” Anderson said in tears. “I told Joe, time and time again how much he meant to me.”Scripps station KGTV in San Diego has tried to make contact with Poe several times since the shooting happened, but have not heard back.   1759

Disney is skipping a theatrical release and will place the live-action "Mulan" on Disney+ in September, but there's a catch.On Tuesday during the company’s earnings call, Disney CEO Bob Chapek said the remake was being released on their streaming platform for a premium rental price, CNN reported.On top of paying a monthly subscription for the streaming platform, customers will also have to pay an additional .99 to rent the remake of the 1998 animation classic.The movie had been pushed back several times due to the coronavirus pandemic. The movie was originally scheduled to open in theatres on March 27. Overall, the movie was delayed four times because of COVID-19, Variety reported. 701

Driving through Brazil to Rio de Janeiro, you might spot an eerie sight on the side of the road: a derelict gang of Santas, lying abandoned surrounded by palm trees and greenery.Look closely and you'll see these Father Christmas clones aren't alone.There's a sad looking sleigh and dilapidated reindeer nearby. Soon you'll spot the faded candy canes, battered slides and an eerie house.Welcome to Park Albanoel, in Itaguaí, Brazil — an abandoned Christmas theme park.The park was the brainchild of politician Antonio Albano Reis, colloquially known as the "Santa Claus of Quintino" because he dressed as Santa each Christmas.It was going to be a series of fun, themed-lands over an expansive area — more than 30 million square meters — but only the Santa area was completed.Following Reis' sudden death in a road accident in 2004, Park Albanoel closed and fell into disrepair. 884

EL CAJON (CNS) - A driver whose blood-alcohol content was nearly quadruple the legal limit slammed into the back of a pregnant woman's car in Ramona two years ago, killing the woman and her unborn child, a prosecutor told a jury Wednesday.But a defense attorney denied that his client caused the crash, claiming the prosecution's case was based entirely on circumstantial evidence and a shoddy police investigation.Andrew Milonis, 46, is accused in the Mother's Day 2017 crash that killed 29-year-old Jessica Foderingham and her unborn child, a girl who Foderingham and her husband planned to name Ayanna. Milonis is charged with two counts each of second-degree murder, gross vehicular manslaughter while intoxicated, hit-and-run and drunken driving.RELATED: Witness: Driver in El Cajon crash, that killed pregnant mother, was 'very intoxicated'Foderingham was eight months pregnant when her Dodge Dart was hit, sending it careening into a tree in the center median on San Vicente Road about 6:45 p.m. May 14, 2017.Deputy District Attorney Laura Evans said in her opening statement that Milonis had been drinking throughout the day, having at least seven drinks at a local bar before he got behind the wheel of his GMC Yukon.The prosecutor said a bartender recommended that Milonis arrange a Lyft ride to get home, but he ignored the advice. Then while driving, Milonis struck a tree and multiple telephone poles before crashing into Foderingham's car, Evans said.RELATED: Driver accused of killing pregnant woman, taking Lyft to barAfter the crash, Milonis continued driving to a nearby hotel, where employees called a Lyft driver for him, Evans said. When the Lyft driver arrived and asked Milonis where he wanted to go, the defendant allegedly told the driver something to the effect of, "Anywhere I can get a drink," according to Evans.He was driven to a bar on Main Street, where sheriff's deputies located and arrested him shortly after he arrived. When his blood was tested, he had a blood-alcohol content of 0.20, but Evans alleged it was above 0.30 at the time of the crash -- well above the 0.08 legal limit.The prosecutor told jurors the impact of the crash left a partial imprint from Milonis' license plate on the back of Foderingham's car, and there was no evidence of mechanical issues on either car that might have contributed factors to the crash.RELATED: Vigil held for pregnant Ramona crash victimSix months earlier, Milonis has been arrested on suspicion of DUI for allegedly driving drunk and hitting a neighbor's fence before going home, according to Evans, who said he suffered a minor head injury in the crash and had a 0.28 blood alcohol content at the time.Christian Foderingham, a U.S. Marine, testified Wednesday that he and his wife's two young sons from a previous relationship began Mother's Day by making her breakfast and showering her with gifts throughout the day. The couple then left home for Jessica Foderingham's grandmother's house in Ramona, taking two cars -- Jessica in her Dodge Dart and Christian driving the boys in his Hyundai.He was driving ahead of his wife when he heard a loud bang behind him, saw a dark-colored SUV swerve onto a sidewalk and witnessed his wife's car slam into a tree. He testified that after hearing the loud noise, he saw his wife's car flying through the air before it struck the tree head-on and bounced back into lanes of traffic.RELATED: Judge raises bail to M in Ramona fatal hit and run"It felt like my heart stopped," he testified.Foderingham said he ran to his wife's car, smashed the driver's side window open and cut off her seatbelt to remove her from the wreckage. An off- duty firefighter helped Foderingham perform CPR until emergency personnel arrived and took her to Palomar Medical Center in Escondido, where she died, according to the victim's husband.Milonis' attorney, Ward Clay, told jurors the crash was "a tragic accident" but said Milonis was not responsible."No one witnessed exactly how the accident happened," Clay said.The attorney said Christian Foderingham never got a good look at the SUV driver.Foderingham testified that the SUV had tinted windows and there might have been two people inside. He could only confirm that the driver was Caucasian.Clay claimed that at the time of the crash, Milonis was not near the crash scene.The attorney also said the California Highway Patrol "made major mistakes" in their investigation of the case, and that "critical, forensic evidence" had been lost or destroyed, though he did not specify what that evidence was.Clay said he expected the jury to be "angry and want to hold someone responsible. But that person is not in this courtroom." 4692

Dr. Anthony Fauci, the nation's top expert on infectious diseases, said Tuesday that he believes that it's "unlikely" that a viable COVID-19 vaccine will be available before the Nov. 3 general election.Fauci's comments contradict those of President Donald Trump, who implied Monday that a vaccine could be ready by October.During a health forum with Research!America, Fauci said that while it's not impossible for a vaccine to be safely granted Emergency Use Authorization within the next two months, he doesn't think one will be made available until the end of the year.Fauci noted that there are three vaccine candidates currently in the midst of the final phase of testing. Two of those candidates — vaccines made by Moderna and Pfizer — both became the first vaccines to begin Phase 3 testing on July 27.Fauci also noted that both trials are about two-thirds of the way enrolled, and expects those trials to be completely filled by the end of the month. But both trials involve two shots, which need to be taken 28 days apart.Given the current enrollment levels and the four-week window for the leading vaccine candidates, Fauci concluded that it's "unlikely" that enough testing and research will be completed by Nov. 3 to grant Emergency Use Authorization.Watch Fauci's interview with Research!America below. Discussion about a potential COVID-19 vaccine begins at the 6:19 mark.For months, Fauci has been consistent in his vaccine timeline. Since late April, his public statements have indicated that he's "cautiously optimistic" that a vaccine will be ready by January 2021.Over the holiday weekend, President Donald Trump claimed that a vaccine could be made available by October."[It's] going to be done in a very short period of time — could even have it during the month of October," the President said at a press briefing on Monday. "We'll have the vaccine soon, maybe before a special date. You know what date I'm talking about."On Tuesday, nine drug companies signed a joint pledge, promising to uphold "high ethical standards" in developing a COVID-19 vaccine. The companies also added that they would not seek governmental approval for emergency use authorization until they are confident the procedure is safe. 2236