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SAN DIEGO (CNS) - A former member of the U.S. national wrestling team, who was severely injured during a training camp exercise held at Camp Pendleton, has filed a lawsuit alleging the Marine Corps and USA Wrestling encouraged him and other civilians to take part in a military-style exercise involving weapons that the participants weren't adequately trained to use.Richard Perry and his wife Gina Cimmino filed the lawsuit Tuesday in San Diego federal court against the United States and Armament Systems and Procedures Inc., a company that manufactured and sold a padded baton used in the exercise that resulted in Perry's injury on Aug. 27, 2018.Perry and another civilian attendee of the training camp were provided batons and helmets with facemasks and given "instruction to strike, thrust and jab at the opponent's head and face to score a `kill shot,"' according to the complaint.As Perry's training partner jabbed with the baton, the weapon passed through a gap in Perry's facemask and shattered his eye socket and skull, pushing shattered bone fragments into his brain, the suit alleges.The injury nearly killed him and left him with multiple traumatic brain injuries, skull fractures and "permanent, disfiguring, disabling injuries" which "will require extensive future medical care, vocational rehabilitation, and life care for the rest of his life," according to his court papers.Perry and the other wrestlers were invited to Camp Pendleton as part of a joint event held by USA Wrestling and the Marine Corps that was partly intended as a Marine Corps recruitment initiative, according to the suit.Perry's attorneys allege National Team members were required to attend the camp, as non-attendance resulted in "adverse consequences, including losing a monetary stipend they otherwise earn as National Team members."The lawsuit alleges the Marine Corps and USA Wrestling "placed Richard Perry and other civilian Camp attendees into a `fight club'-style full- speed, full-contact military weapons training exercise," and that Marine Corps and USA Wrestling members "recklessly encouraged head shots and baton jabs by the inexperienced participants" during the exercise in which Perry was injured.The helmets provided to Perry and other wrestlers were "grossly unsuitable for the baton striking drills and posed a clear risk of serious injury," according to the suit. The plaintiff also alleges the Marine Corps and USA Wrestling failed to inspect or maintain the equipment used during the exercise and the batons were "dangerously unprotected," with the padding only held in place by duct tape.Robert J. Francavilla, the lead trial attorney on the case, said his client "suffered a traumatic injury that has affected his life, his livelihood and the lives of those who love him. We intend to hold those responsible for this injury, accountable." 2863
SAN DIEGO (AP) — A former supervisor in the U.S. Department of Homeland Security has been convicted in connection with a green card fraud scheme that bilked immigrants out of millions of dollars.Johnny Martin was convicted in San Diego federal court Friday of making a false statement to a federal agent. He faces up to five years in prison.The U.S. attorney's office says Martin passed confidential information from law enforcement databases to crooks who posed as Homeland Security agents and conned more than 100 immigrants into paying exorbitant fees for green cards they never received.When the FBI interviewed Martin in 2017, he denied passing on information. However, prosecutors say there's no evidence Martin knew the information was being used for a con.Three men involved in the scam have pleaded guilty. 823
SAN DIEGO (CNS) - A flurry of businesses can reopen Friday throughout San Diego County, but community-transmitted COVID-19 outbreaks have activated one of the county's public health triggers, placing a pause on any additional openings allowed by the state.The county also reported 238 new cases of the illness on Thursday, a new daily high and one that moved the total number of cases in the county over the 10,000 milestone to 10,092. Another four deaths were reported Thursday, raising the total deaths related to COVID-19 to 331.These new cases comprise 2% of a new daily high of tests reported, 10,070, for a cumulative total of 254,391 tests since the pandemic began.The businesses scheduled to open Friday, including personal care businesses like skin care and waxing salons, tattoo parlors, massage therapists and nail salons -- will still be allowed to open, but San Diego County Supervisor Nathan Fletcher said any further openings allowed by Gov. Gavin Newsom wouldn't be implemented until numbers go down."We continue to implore the public to wear facial coverings and avoid having gatherings at your home," Fletcher said.The culprit in the county's pause action is the eight community- transmitted outbreaks San Diego County has recorded in the last week.As part of the 13 public health triggers announced earlier this month, the county could take industry-specific actions, pause all reopening efforts or even dial back reopenings if enough of the metrics rise above a certain threshold. The threshold for community outbreaks -- defined as three or more lab-confirmed cases from different households -- was seven or fewer in a week's span.The eight outbreaks from June 11-17 is the most in a one-week span since the pandemic began, eclipsing the previous high of six during the week of April 29-May 5.However, if no new outbreaks are reported Friday, three of those outbreaks will fall off the rolling seven-day period the county is monitoring, bringing the metric back to "green."The two outbreaks reported Thursday were at a campground and a social club. Fletcher did not report where exactly those were, or the previous outbreaks, saying doing so would "undermine" the county's cooperation from self-reporting businesses and other locations.Nolita Hall posted on its Facebook page that an asymptomatic employee had tested positive for COVID-19 and that the Little Italy restaurant would close until June 30 for deep cleaning. It was unclear as of Thursday if that restaurant was one of the community outbreaks reported, but Dr. Wilma Wooten, the county's public health officer, said the outbreaks reported at restaurants were only among staff.Fletcher said the county would increase "targeted enforcement" of businesses in violation of public health orders.Newsom announced Thursday that Californians would be required to wear masks in public. San Diego County as well, as eight other counties in the state, already had such orders in place.Exemptions include children under the age of 2, those with hearing disabilities or who work with those with hearing disabilities who need to see mouths to communicate, and those who otherwise have a medical issue that causes masks to pose a danger to their wellbeing.Masks are not needed in private transportation, at work when not interacting with the public or while exercising so long as a person can maintain social distancing.Wooten, with a nod to how long the COVID-19 pandemic could impact the region, said it may not be safe for people to have gatherings at their homes "until sometime next year," a far cry from the mid-March hopes of flattening the curve and ending the pandemic."With the reopenings, people think we can go back to the pre-COVID existence, and we cannot," she said.A total of 106 outbreaks of the illness have been tracked since the pandemic reached San Diego, with more than half currently inactive. Past community outbreaks have included church meetings, parties and a wedding.A proposal from Faulconer was announced Thursday aimed at creating more outdoor dining and retail space for San Diego businesses, which he says will help make up for revenues lost due to indoor restrictions put in place to slow the spread of COVID-19. It would have the city waive fees and fast-track permitting needed to expand businesses outdoors into parking lots, sidewalks and on-street parking spaces.New testing sites at the Spring Valley Library on Kempton Road and the Mira Mesa Senior Center on Mira Mesa Boulevard have joined nearly a dozen other sites where county residents can get tested for free.The county launched an interactive website earlier this week that allows residents to find COVID-19 testing locations near them. The website can be found at 211sandiego.org. 4755
SAN CLEMENTE, Calif. (KGTV) - Border Patrol agents arrested a teenager Tuesday on suspicion of smuggling heroin along Interstate 5 in San Clemente. The 19-year-old man was weaving in and out of lanes near Camino de Estrella about 3 a.m., agents said. He drove his 1997 Chevy pickup truck to a nearby gas station and agents followed to conduct a safety check. “During the encounter, the agents grew suspicious of the driver’s behavior and they decided to request for a K-9 team to respond. The K-9 alerted to the truck’s engine compartment,” agent Theron S. Francisco said in a news release. Agents said they found four packages of heroin inside the truck’s air intake box. The drugs weighed almost five pounds and had a street value of about 7,000. The driver, a U.S. citizen, faces felony drug smuggling charges. 824
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