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SAN DIEGO (KGTV) — UPDATED: MARCH 19, 2020, 7 PM - In a post to Instagram, The Gym San Diego said it would comply with the county’s order and close starting on Friday.San Diego County officials ordered all gyms and fitness centers to close Wednesday in an effort to stop the spread of the coronavirus.Officials also banned gathering of groups of 10 or more people in one room as people worldwide practice social distancing.Despite the orders The Gym San Diego located in Pacific Beach remained open to members."I just think personally, it’s being drawn out of proportion," said gym goer Daniel Rosati.Rosati chose to show up to The Gym and work out, telling 10News he did not see a problem with fitness center choosing to continue letting people in."I think if people have energy and they feel that good, I doubt very highly they have the coronavirus," he said. "That’s just my opinion."Rosati said he believes people were working out a safe distance apart."I know it’s very safe, there’s disinfectants everywhere, they’re wiping everything down all day long in between each person," he explained. "If anyone even slightly has the slightest cough or sniffle, the owner, Rick, asks them to leave."The San Diego Police Department said The Gym choosing to stay open is in violation of the county public health order, which is a misdemeanor. Police officers can give citations and even make arrests.However, officers may also just contact the business, educate them on the details of the order, and try to get them to comply."Everybody is using precautions and I don’t think that they should shut it down," said Rosati. "I’m hoping to come back later a second session."10News did reach out to gym employees to try to get a comment about why the owner chose to stay open, but did not get a response. 1804

SAN DIEGO (KGTV) — A California woman is claiming officials with the United States Department of Homeland Security (DHS) treated her like an animal.Amanda Sams said Customs and Border Protection (CBP) officials failed to provide the medical care required to treat her serious medical needs while she was in their custody.In a lawsuit filed against the government, Sams and her civil attorneys claim, "This practice of DHS agents forcing arrestees and pretrial detainees to detox and withdraw from high amounts of alcohol and/or opiates in holding cells near the border, has happened with alarming frequency. Indeed, Ms. Sams is believed to be one of dozens of other individuals forced to endure these conditions in recent months."Sams Arrest and DetentionSams was arrested in January for charges related to bringing an undocumented immigrant in the United States illegally.According to court documents filed by the U.S. Attorney's Office, Customs and Border Protection officers found a person in a hidden compartment in the vehicle Sams was driving.Court records show after Sams was arrested, she told officers that she is an alcoholic and uses drugs.RELATED: Allegations people in the government's custody enduring unsafe conditionsAccording to her lawsuit, after spending the night in a holding cell at the border, Sams was transported to the Metropolitan Correction Center (MCC) in downtown San Diego. The lawsuit says officials at MCC rejected her due to her unstable medical condition.Her lawsuit alleges, "Rather than taking Ms. Sams to a hospital, as recommended by MCC officials and as (presumably) required by DHS policies and procedures, the CBP Defendants returned Ms. Sams to a DHS holding facility at or near the San Ysidro Port of Entry."Team 10 obtained four days of surveillance video from Sams' cell, an experience she described as one of the worst times of her life."When I first walked in, you could smell urine, and you could hear kids crying," Sams said. "You could hear people screaming. There was garbage in the corner."The video obtained by Team 10 shows her eating, sleeping, pacing, hyperventilating and vomiting."No human being should be treated like that," Sams said. "Like they are nothing. Like they are a nobody."Sams told 10News she was given only a solar blanket and a thin mat to sleep on.RELATED: Call for SD jail reform after former inmate's cheek was bitten by mentally ill inmateShe said she began to experience symptoms of withdrawal while in the cell."I was sick to my stomach," Sams recalled. "I had cold chills, then I'd get hot. I'd get cold. I'd have these sweats."Team 10 Investigator Adam Racusin asked Sams if she remembered the medical staff at the facility ever checking her vital signs."Nothing," Sams said.According to court documents: "For five days, she languished in a holding cell at the port of entry while enduring severe symptoms of alcohol withdrawal and detox without access to medical care. She was forced to sleep on the concrete floor of a cell for four nights with only a solar blanket to keep her warm from the cold. She was not allowed to change her clothing and denied access to basic hygiene, including a shower, toothbrush, toothpaste, soap, a water cup, or feminine hygiene products. She was never allowed to make a call or speak with legal counsel."RELATED: SD whistleblower reveals threat of gun reporting 'loophole' for mentally ill service membersSams attorney Trenton Lamere said the government breached its duty of care when they failed to provide minimally necessary services."Really minimum levels of care here that we would expect from a civilized society," Lamere said.According to Sams' lawsuit, "California law imposes a duty of care on law enforcement and custodial officers to protect the health and safety of pretrial detainees, which includes a duty to ensure pretrial detainees' serious medical risks and needs are properly evaluated and treated. Despite the objectively serious nature of the medical risks and needs Plaintiff was facing, and the CBP Defendants' subjective awareness of the same, the CBP Defendants breached their duty to protect Plaintiff's health and safety, by failing to provide the medical care required to evaluate and treat Plaintiffs' serious medical risks and needs while Plaintiff was in the custody, and under the supervision, of the government."Sams said she saw a judge five days after she was arrested.RELATED: Petition: DOD standards don’t translate into state mental health evaluation, treatment laws"When I asked for help, I really needed somebody's help," she said. "I feel that no one should have to feel that alone or go through something like that alone ever in their life."Sams' criminal attorney tried to get the case against her thrown out based on what she called outrageous conduct by the government. The judge in her criminal case did not agree.Sams' trial is scheduled for April 2020.Government ResponseA spokesperson for Customs and Border Protection said the agency can't comment on pending litigation.The U.S. Attorney's Office also didn’t comment on Sams' criminal case.However, in court documents, the government claims Sams indicated to her interrogators that she was not intoxicated and that she was not using drugs.Court documents say "The San Ysidro Port of Entry is not a hospital with doctors like API (Alvarado Parkway Institute). However, physicians assistants work at the San Ysidro Port of Entry for approximately 16-20 hours a day. The physician's assistants can render medical aid to detainees as necessary. There are also CBP Officers trained as Emergency Medical Responders and Emergency Medical Technicians who are able to provide medical attention while on duty at the port of entry."RELATED: Innovative open jail design changes San Diego inmate experienceThe government stated that records from Sams' detention at the San Ysidro Port of Entry show that officers conducted dozens of welfare checks, and at no point did CBP ever make the determination that she was in a state of medical emergency.They also claimed Sams indicated to a Customs and Border Protection Supervisory Officer that she wanted to go to Court and did not need medical attention.Team 10 investigator Adam Racusin asked Sams why at certain points she told officers she was not detoxing."So they'd take me out of there," she explained. "They'd take me to jail take me to another facility. I just wanted help."Other people going through withdrawalSams is not the only one making allegations of mistreatment in a border holding cell.Earlier this month 10News spoke to Jesus Centeno-Paredes from behind the walls of a detention facility just outside of San Diego.Centeno said he was arrested at the border then held for nearly three days in a potentially dangerous medical state. According to court documents, "Mr. Centeno was kept in a small cell where the lights were on the entire time. Mr. Centeno was not given a change of clothes during the nearly three days while he was at the Port of Entry. The cell where Mr. Centeno was held did not have a bed, and Mr. Centeno was given a thin foil blanket and a torn yoga mat to lie on. There was no soap, no toothbrush, and no hygiene products."Documents obtained by Team 10 allege others have gone through detox at the San Ysidro Land Port of Entry.Team 10 obtained what's known as the "No Body Active List" or "Federal Defender No Body Report."A No Body Active List from March of this year shows two additional people involuntarily detoxing from heroin were kept at the San Ysidro Port. Team 10 investigator Adam Racusin has also seen other No Body Active Lists from different dates showing other people marked as detoxing at the San Ysidro Port of Entry.Team 10 tried to get all No Body Active Lists from the start of this year, but so far, the U.S. Attorney's Office has not turned them over and said they aren't public documents. 7908

SAN DIEGO (KGTV) — A grant from the Central San Diego Black Chamber of Commerce is easing the pain of the pandemic and keeping businesses afloat.Captain Bill Wilkerson, the owner of Malihini Sportfishing, has fished since he was old enough to cast.Wilkerson said at the age of seven, he and his grandmother would walk to the bus stop and ride two hours to get to Venice Beach."We used to fish on Venice Pier sun up to sun down," he said smiling.He said his grandmother was trying to protect him, by taking him out of the L.A. neighborhood where they lived.Wilkerson said he had friends in elementary and middle school she knew were getting into trouble, "I went back 10, 15 years ago to see if I could locate some of those friends, and most of them were gone due to gangs and drugs and things like that."He said he would never forget the time she took him to Santa Monica to go fishing. It was an extra 45 minutes on the bus, but it was worth it, he said. While under the pier, he said he saw a boat pull up, let people off, take others on, and leave.He asked his grandmother what they were doing. She said, "do you want to go fishing on a boat?"She knew the captain and the next weekend he hosted Wilkerson. There was no going back to fishing on the pier after that trip.Wilkerson named the captains he worked for over the years and said he was thankful most for Raymond Sobeick, who he said taught him how to fish and opened him up to the opportunity to be a business owner. "My dad growing up told me that I would have to work 10 times harder than anybody else, just because of the color of my skin," he said pausing. "It's true."He said it was only true at the beginning of launching his business.After Wilkerson worked hard, bought the Malihini in 2006, and launched his business, he says from there it wasn't smooth sailing."In 2011, I was diagnosed with cancer, a brain tumor... In 2017, the boat struck a whale."The accident creating a mountain of debt."We started 2020 strong and then COVID-19 happened," he said.Wilkerson said they applied for every grant and loan available and didn't get anything. Then, he heard about the Black Business Relief Grant Fund through ABC 10News. He was awarded a ,000 grant and supported with tools and mentors who guided him on pivoting his business plan."They really want to see Black and minority and Asian businesses succeed ... To me, it's been invaluable. I mean, to see that there are doors that can be opened for a guy who owns a fishing boat who can't get financing because of whatever," he chuckled.Wilkerson said the grant paid for fuel and parts. He said they're hoping to get a loan to carry them through the next few months. He added that his faith has gotten him through many challenges."He's never let us starve, he's always made sure we have food, we had water. Our bills, for the most part, were paid," he said choked up. And he knows his hard work will pay off.If you want more information on the Black Business Relief Grant Fund, please email info@sdblackchamber.org. If you would like to donate to the fund, click here. 3092

SAN DIEGO (CNS) - Two San Diego City Council members called Wednesday on California Attorney General Xavier Becerra and District Attorney Summer Stephan to investigate San Diego City Attorney Mara Elliott's possible role in an alleged child sexual abuse cover-up at the San Diego Junior Theatre.Council members Scott Sherman and Vivian Moreno sent a jointly written letter to Becerra and Stephan imploring them to investigate allegations made by attorney Matt Valenti that Elliott improperly shared information on the case with then-Junior Theatre Board member Gil Cabrera, who Valenti claims tried to silence the case's whistleblowers."We are writing to respectfully request your respective offices' review and consideration for appropriate action, as the authority to investigate these complaints falls under the jurisdiction of your departments," their letter states. "We believe a timely resolution to the matter is in the best interest of all parties."RELATED: San Diego Junior Theatre teacher convicted of sex with underage studentHilary Nemchik, spokeswoman for the city attorney's office, suggested Valenti's allegations against Elliott are a political attack intended to benefit his lawyer, Cory Briggs, who filed paperwork last month signaling his intent to run against her for city attorney."Mr. Valenti has repackaged allegations he sent to the City Council, the District Attorney and the Attorney General more than two years ago," Nemchik said in an emailed statement. "If any law enforcement agency thinks further review of the Junior Theatre is warranted, we support that decision."In 2017, shortly before former Junior Theatre teacher Eric von Metzke pleaded guilty to unlawful sexual intercourse with a minor, Valenti sent an email summary to Elliott, Becerra and Stephan outlining his claims that Cabrera tampered with the investigation into sexual abuse allegations at the theater.Elliott, Valenti alleges, sent that email to Cabrera, disclosing sensitive information in the process. Elliott has maintained that Valenti made no effort to keep the email summary private or confidential by publishing it online. 2136

SAN DIEGO (KGTV) — A grieving son is speaking out after COVID-19 claimed its first local VA employee.John Martinez started feeling symptoms in early June. First, it was fatigue. Then came a fever and breathing troubles. His son Josh bought him a device to measure his oxygen levels. In mid-June, Josh's heart dropped when he read the device."His oxygen levels were below 80 and then dropped to 70. We got in our truck, took him straight to the hospital," said Martinez.John, an Army and Navy veteran, was taken to the VA Medical Center in La Jolla where he worked. For more than 15 years, he's maintained biomedical equipment like ventilators.When the pandemic started, he wanted to keep working."It was one of those things. The country needs him, so let's step up," said Martinez.A day after John was admitted, he found himself on one of the ventilators he knew so well. Soon after, his kidneys started to fail. His condition deteriorated quickly. More than a week ago, doctors allowed Martinez to visit."Just told him to fight, to keep fighting. I was crying. Just put my hand to the glass, trying to scream through the glass," said Martinez.Less than 2 days later, his father would pass away. John was set to retire after his birthday in late July, at the age of 63. Martinez isn't sure where his father contracted COVID-19 but other family members believe he got it while working."He wanted that benchmark of 63 to retire. He worked for so long and was looking forward to relaxation," said Martinez.Josh says he can only shake his head at the ongoing mask debate, and those who refuse to wear one."It's all good. Just put on your mask. Put the mask on," said Martinez.Josh is hoping to have his father buried at Miramar National Cemetery.A Gofundme campaign has been set up to help the family with expenses. 1819