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SAN DIEGO (KGTV) -- A judge ruled Wednesday that a Navy commander will face a third trial on charges he tried to rape a junior officer in her home.John Michael Neuhart II asked the judge to dismiss all charges after a second jury was unable to reach a verdict.The judge dismissed charges of assault with intent to commit rape during burglary, burglary and resisting or delaying a peace officer.RELATED: Mistrial declared for former Navy commander accused of rapeThe judge added that prosecutors can proceed with a third trial in January on charges of attempted forcible rape and assault with intent to commit rape.Neuhart now faces six years behind bars and lifetime sex offender registration if found guilty. Neuhart had previously been facing life in prison.In the two trials combined, 21 out of 24 jurors voted to convict Neuhart. The alleged victim said Neuhart sexually assaulted her after they spent time drinking and hanging out with colleagues in 2016.RELATED: Mistrial declared in trial of former Navy commanderThe woman said Neuhart took off her pants and underwear and was physically violent with her. In cell phone video recorded by the woman, she can be heard telling Neuhart to stop as he tried to get the door open. 1238

SAN DIEGO (KGTV) -- A man died following a shooting in downtown San Diego Thursday evening, police said.The shooting was reported just after 9:40 p.m. near the intersection of 5th Avenue and E Street in the Gaslamp Quarter, according to San Diego police.According to police, an altercation broke out between a man and his companion and a third man. Police said during the altercation, the third man produced a handgun and shot one of the men in the upper torso. The suspected shooter and the victim's companion both fled the scene.The victim was rushed to UC San Diego Medical Center for treatment, but he later died from his injuries. Police identified him as a 22-year-old Hispanic male.While the victim's companion was found a short distance away, police are still searching for the gunman. The suspected shooter was described as a Black male with braided hair, between 20-40 years of age, and wearing a bandana or rag over his face. He was last seen wearing dark clothing and running on eastbound E Street.Police are interviewing witnesses and viewing surveillance video footage from area businesses as part of the investigation. 1141

SAN DIEGO (KGTV) - A pair of recent restaurant closures are highlighting some of the struggles owners are facing as the industry grapples with major shifts in the way it does business.Last month, Brooklyn Girl in Mission Hills and Urban Solace in North Park both closed their doors. Facebook posts thanked long-time customers but gave few answers as to why.Industry experts think it's a sign of bigger problems in the hospitality sector, as rising costs and changes in people's behavior are combining in a "perfect storm" of problems.RELATED: El Pollo Grill to open new location in Chula Vista"These are seasoned operators, people who have been in business for a long time. And for one reason or another they're just stumped," says Stephen Zolezzi, the President and CEO of the Food and Beverage Association of San Diego.His association tracks the total number of licenses given out in San Diego to food and beverage vendors. Zolezzi says over the last three years, there's been an increase of 300 licenses. While that may make it seem like the industry is growing, Zolezzi sees it differently."Previous years, we've seen increases of 1,000 or 2,000 licenses," he says.RELATED: Restaurant closing in Coronado highlights uncertain future for Orange AvenueZolezzi says the cost to operate a restaurant is becoming too expensive to manage. The prices of rent, insurance, and goods have all gone up in the past year. There are also higher labor costs because of minimum wage hikes and low unemployment creating favorable hiring conditions for employees.But cost isn't the only factor."Customer loyalty, today, is really at a low," says Zolezzi. His members say diners now would rather go to multiple places once than become regular, dependable customers at a few spots."You could be doing everything right," he says. "Great food, great service, great value; but the customers just move on because there's something else."RELATED: New east Chula Vista shopping center quickly taking shapeAnother factor is the rise of delivery apps like GrubHub, DoorDash and Postmates. Zolezzi says these apps can charge restaurants as much as 30% of the total bill, plus delivery fees, to carry their food. That cuts into already razor-thin margins and in some cases cause restaurants to lose money on each delivery order."If you don't have that factored into your business plan, it could create a negative," he says.Zolezzi says it's now up to the industry to adapt, as restaurant owners need to constantly reinvent their location, menu, and marketing to bring in more customers. 2568

San Diego (KGTV) -- A person was killed when their motorcycle crashed into a guardrail while riding with friends.Police received the report of the crash at the intersection of Sweetwater and Shannonbrook Court just after 10:30 p.m. in Lemon Grove.Police closed the intersection to investigate how the motorcyclist lost control.The victim died at the scene, their name was not immediately released. 405

SAN DIEGO (KGTV) -- A local doctor says even though a COVID-19 vaccine will be available soon, it will still be several months before we see the impact.Dr. Mark Sawyer, an infectious disease specialist at Rady Children’s Hospital, is on the State Advisory Board that reviews COVID-19 vaccines. He spoke to ABC 10News about the importance of getting this vaccine.“The vaccine is safe, and it works, and we absolutely need this vaccine to deal with the pandemic,” Sawyer said.However, Sawyer added a warning: “If people suddenly think that we’re out of the woods now, and stop wearing masks and distancing from each other, then we’re going to still see the kinds of numbers that we’re seeing right now.”Despite intense discussions among the FDA advisory panel regarding whether Pfizer’s vaccine is safe to use on 16- and 17-year-olds, Sawyer points to the research that was done, saying the drug was tested on individuals from that age group.“There’s no reason to think that a 16-year-old or 17-year-old is going to have a reaction that an 18-year-old is going to have. I think it’s perfectly safe,” Sawyer told ABC 10News.Sawyer also described the side effects one may feel after getting the vaccine. Sawyer said a recipient’s arm may hurt and he or she may feel under the weather. The symptoms can last up to 24 hours after you get the vaccine, but Sawyer said, “There’s no long-term consequences.”As San Diego waits for the county to announce their vaccination plan, informing people when and where they can get it, Sawyer said the bottom line is “everyone can feel comfortable in going out to get the vaccine when it’s their turn.” 1641