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SAN DIEGO (CNS) - A San Diego federal judge has again denied a Chula Vista church's request to challenge the state's COVID-19-related restrictions on indoor worship services.South Bay United Pentecostal Church, which lost a challenge to the restrictions earlier this year when the case went before the U.S. Supreme Court, filed an amended complaint this summer in its ongoing lawsuit arguing that California's restrictions on indoor services and singing are unconstitutional.U.S. District Judge Cynthia Bashant, who denied the church's request for a preliminary injunction in May, also denied South Bay United's latest request in a written order signed Wednesday.Bashant echoed much of her previous reasoning in denying the church's request, though South Bay United's latest complaint and her ruling took into account the shifting state of the virus locally.South Bay United argued in court papers that the state's "scientific pronouncements" are "largely baseless," as by "all reasonable scientific measurements," the COVID-19 health emergency "has ended."Bashant disagreed with the church's assessment of the current picture, and wrote that limitations to indoor worship attendance do not restrict one's ability to attend religious gatherings, as long as they are held outdoors.The judge wrote that the current COVID-19 situation in San Diego County holds that worship services may be held outdoors, with singing and chanting permitted. Indoor worship is limited to 100 people or 25% of building capacity -- whichever is fewer -- with singing and chanting prohibited.The church has argued that outdoor worship and services held over video-conferencing are "inadequate substitutes" and that the public health orders prohibit the church "from holding the services mandated by scripture."It also argued that California arbitrarily allowed certain sectors considered essential to stay open and conduct indoor operations, while discriminating against religious institutions.Bashant disagreed that public health officials have shown a pattern of discriminatory enforcement of COVID-19 health orders against religious institutions.She wrote that through Aug. 26, the county served 10 cease-and-desist orders or compliance letters to businesses or other entities, three of which were places of worship.Additionally, she wrote that through Aug. 26, 144 citations were issued for health order violations, none of which were to places of worship or people engaged in religious services. 2485
SAN DIEGO (CNS) - A teenage boy who shot his father five times in the master bedroom of the family's Scripps Ranch condominium last year, then fired another shot through the door of another bedroom, where his mother and half- brother had barricaded themselves, will be remanded to a juvenile detention facility for as much as nine years, a judge ruled Friday.The 16-year-old defendant was tried as a juvenile and found guilty last month for the April 29, 2018, killing of 46-year-old Thanh "Sonny" Pham, as well as the attempted murder of his mother.According to prosecutors, juvenile court sentencing guidelines dictate that the boy can be held in custody until he is 25, though he could be paroled earlier than that.Superior Court Judge Louis R. Hanoian said the sentence for the convicted counts would have the boy facing a 67-year-to-life prison sentence had he been of age.RELATED: Man dead after shooting in Scripps Ranch; 15-year-old son arrestedDuring the boy's bench trial, Deputy District Attorney Mary Loeb said the teen ambushed his father, using Pham's own Glock pistol, then came "storming out of the bedroom with the gun" and began scoping the unit for his mother and half-brother, who had taken refuge inside his sibling's bedroom. Loeb said the gun was empty after the youth fired on his father, and he had to return to the bedroom to reload so he could "continue on this rampage."Defense attorney Mary Ellen Attridge argued that the killing was committed in self-defense, following years of routine physical abuse at Pham's hands. The juvenile testified that Pham often struck him as a form of discipline, including once just minutes before the shooting, knocking him briefly unconscious. He also said that Pham once shoved his mother out of a moving vehicle and his family members also testified that Pham was abusive with them and the boy.Following the shooting, the boy, then 15, fled from the condo on foot before police arrived, but was arrested about 1 a.m. the following day, roughly two miles from his home, after someone spotted him on Scripps Poway Parkway near Interstate 15. He had the handgun in his waistband and dozens of rounds of ammunition in his backpack when taken into custody, according to police.RELATED: Teen denies killing father in Scripps Ranch homeHanoian ruled that there were true findings -- the equivalent of guilty verdicts -- for murder and attempted murder, as he felt the evidence did not support claims that Pham was "a violent ogre" and "a sadistic abuser" as he felt Pham had been portrayed by the defense.During Friday's dispositional hearing -- the juvenile court equivalent of a sentencing hearing -- attorneys argued over what type of custody was more appropriate to provide the boy with proper treatment and rehabilitation.Loeb argued to have the boy placed in one of two state youth correctional facilities -- either in Stockton or Camarillo -- while Attridge sought to have the boy placed in a less-restrictive youth program in Otay Mesa, where his family could more easily visit him for the purposes of facilitating family therapy. Attridge also said she will file a notice of appeal on the boy's behalf.Hanoian ruled that the Department of Juvenile Justice's facilities provided a more thorough program to assist the boy in terms of his mental health, educational opportunities -- including college courses and career technical education -- , and rehabilitation."We need to get (the boy) up and running. We need to have him become a productive member of society and we need to give him the training, the education, and the skills and the therapy that's necessary," Hanoian said.The judge said that he did consider concerns over a lack of face-to- face family therapy with the boy housed outside of San Diego County, but said that technological means like video conferencing would allow him to undergo that therapy with family members.The boy did not make a statement during the hearing, but Attridge said he "is very remorseful about what happened here. It has changed his family's entire life and it has changed his life and he regrets having done anything to end his father's life."She also said that upon his release, she believed "he will be somebody who will never recidivate" and will leave custody "a better person, a more mature person and a nonviolent person."Pham's younger sister, Catherine Wright, said her brother was "confident, charming, funny, athletic and intelligent," a good brother to her, a good uncle to her daughter, and their parents' pride and joy.Wright said the depictions of her brother as an abuser pained her greatly and the fact that he'd been killed by his own son made it "easier to tell people that he died of a heart attack."Just as Pham had meant everything to their dad, Wright said the defendant meant everything to her brother."I cannot imagine a more horrible death for Sonny to suffer. I'm haunted by thoughts of Sonny laying on the floor in pain, gutted not just by his physical wounds, but in the realization that his firstborn son, his only son, turned on him and shot him," Wright said.She said she was not yet able to forgive the boy, but that her brother would have wanted to have his son "to have the opportunity to heal what is broken inside of him. He would want his family to be safe and loved." 5320

SAN DIEGO (CNS) - California Highway Patrol officers arrested fewer people than last year for suspected drunk driving in San Diego County so far during the Christmas holiday enforcement period, the agency said today.CHP officers arrested 33 people in the county between 6 p.m. Friday and 6 a.m. Sunday, an officer said. That's down from 40 arrests in the area at the same time last year.Statewide, the CHP arrested 639 people for suspected DUI violations Friday night and early Sunday, up from 604 in 2017.There were 20 traffic fatalities reported by law enforcement agencies across the state during the period -- including one in San Diego County. There were four fatalities reported statewide at this point in the Christmas holiday last year. 752
SAN DIEGO (CNS) - At least one person was killed Saturday in a three- vehicle collision on the San Diego (5) Freeway in San Diego, authorities said.The crash was reported at 5:07 a.m. on the northbound San Diego Freeway at Via De La Valle South, according to the California Highway Patrol.A white sedan, motorcycle and unknown vehicle were involved in the crash, the CHP said.All northbound traffic was stopped just south of Del Mar Heights Road and taken off the freeway at that exit, the CHP said. 507
SAN DIEGO (CNS) - Despite an adjusted daily COVID-19 case rate of 7 per 100,000 population, San Diego County was again able to avoid being pushed into the most restrictive purple tier of California's four-tier reopening system.High rates of testing helped the county stay in the red tier, county officials said. The positive adjustment is given by the state to counties that are testing at higher levels than the state's median. That adjustment prevented the county from landing in the purple tier, which would have placed indoor activities at restaurants, movie theaters, gyms and a number of other locations in jeopardy."Remaining in the red tier is good news, but the new adjusted rate is not. The new figure clearly shows the region is not moving in the right direction," said Dr. Wilma Wooten, San Diego County public health officer. "It is extremely important San Diegans follow the local health guidance to slow the spread of COVID-19 and keep the region from falling into the purple tier."The county's unadjusted case rate for the week of Oct. 4-10 rose from 7.2 to 7.8 cases per 100,000 residents. It was adjusted down to 7 per 100,000. The data are reported on a one-week delay.While the testing positivity percentage for the region also increased from 3% to 3.3%, it still remains low enough for this metric to remain in the orange tier. If a county reports statistics meeting metrics in a higher tier for two consecutive weeks, it will move into that more restrictive tier for a minimum of three weeks.The state's health equity metric, which looks at the testing positivity for areas with the lowest healthy conditions, dropped from 5.7 to 5.5% and remained in the red tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.County public health officials reported 265 new COVID-19 infections and four deaths related to the illness Tuesday, raising the region's total case count to 53,000 and the death toll to 857.Four men died between Oct. 11 and Oct. 18, and their ages ranged from mid-50s to early 80s. All had underlying medical conditions.Of the 9,110 tests reported Tuesday, 3% returned positive, bringing the 14-day rolling average percentage of positive cases to 2.8%, far below the state-set target of less than 8%.Of the total COVID-19 cases in the county, 3,788 or 7.1% have been hospitalized, with 876 -- or 1.7% -- spending at least some time in an intensive care unit.Five new community outbreaks were reported Tuesday, two in businesses, one in a restaurant/bar setting, one in a K-12 school setting and one in a faith-based institution. In the past seven days, 30 community outbreaks were confirmed, well above the trigger of seven or more in a week's time.A community outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.The county uses community outbreaks to get a larger sense of the pandemic locally, but the state does not include the statistic in its weekly report.Wooten said 95% of the county's cases were not related to a marked community outbreak, a clear indicator the illness has spread throughout the county.The Vista Unified School District, meanwhile, fully reopened its schools Tuesday morning, becoming one of the first in the region to do so.The district invited students back to 28 schools, eschewing some of the more cautious measures some other school districts are taking, moving into its Phase 3 reopening plan. The plan, "Vista Classic," allows every school in the district to reopen at full capacity. Parents and guardians will still be able to keep students in "Vista Virtual," the district's distance-learning program, if they so choose."Our health and safety measures were working well, with mask wearing and handwashing particularly strong on all campuses," Vista Superintendent Matt Doyle said after visiting campuses. "We will continue to refine arrival, dismissal, and lunchtime routines for students as they relearn how to interact with their friends in this new social distancing environment."The district said it will attempt to have social distancing as much as possible, but will allow as many as 38 students in a single classroom, so desks will not be spaced six feet apart.A rally Thursday by teachers and parents at Foothill Oaks Elementary School attempted to dissuade the Vista Unified School Board from reopening, with many educators believing the safety measures inadequate.According to KPBS, plexiglass barriers were not provided to teachers. Instead, they were given PVC pipes and plastic liner to create makeshift protection from students returning to in-person learning. 4675
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