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SAN DIEGO, Calif. (KGTV) - A new California law could let convicted killers out of prison, and San Diego County's district attorney said her office will fight it on a case-by-case basis.Senate Bill 1437 passed the state Legislature last year and went into effect on January 1. It narrows the definition of murder so that only people who are involved in a killing can be charged with that crime.Before the law, accomplices in a killing could also have been charged with murder."It may let murderers go free, because of how far it goes," said San Diego County District Attorney Summer Stephan.Stephan said her office will challenge some re-sentencing hearings based on the new law, although she said they don't know how many there will be.One possible case involves Kurese Bell, who He as convicted of murder in 2016 for his role in the robbery of a North Park marijuana dispensary.During the robbery, Bell and another man, Marlon Thomas, got into a shootout with a security guard at the dispensary. The guard shot and killed Thomas.The DA's office argued that Bell should face murder charges because his actions in the robbery led to the shootout and, ultimately, Thomas' death.Bell is currently serving a 65-year-to-life sentence.Stephan said criminals need to be held accountable for the crimes they commit and cause."It's really important that each offender is held culpable at the right level," she said. "That's what justice is about."Supporters of the new law say it is a vital part of California's efforts at criminal justice reform. They say the old law unfairly targeted young minorities.On its website, the group Restore California says the new law makes sentencing in California more "equitable." They also say it gives accomplices an incentive to cooperate with investigators."In a co-defendant felony murder case, co-defendants who were not the actual killers, who did not aid and abet the killing, or who did not act with reckless indifference to human life will now have an incentive to talk and tell the truth about what happened," the website reads. 2073

SAN DIEGO (KGTV)- As San Diego County awaits state guidance on how to move forward with reopening different sectors, a local church continues to defy public health orders by operating inside.Under the current public health order, religious services may continue outside with social distancing in place.Awaken Church was sent a cease and desist letter from the county’s public health officer, Dr. Wilma Wooten, for operating inside in July.A month later, the church is defying the health order again by resuming indoor operations on Sunday, August 23, the church’s 15th anniversary. Services and locations are posted on the church's website. A video on the church’s website shows pastors Jurgen and Leanne Matthesius speaking about why they have decided to reopen. The two said it was time to reopen and that “fighting for our religious freedoms and pushing back against government overreach is not only worth the cost; it’s essential.”In the video, the pastors say that the governor and county officials continue to keep churches under strict regulations, which prevents them from meeting the needs of their congregation.“Sadly, we’ve had five people connected to our church that have lost their lives, not from the virus but because of the virus. This was due to many factors, including suicide, drug overdose, and severe neglect from a hospital who was primarily focused on their COVID patients,” said Leanna Matthesius in the video.While county supervisor Nathan Fletcher acknowledged the importance of religious freedom and constitutional rights, he spoke of his frustrations with the church at a county COVID-19 press conference Monday. “It is very frustrating to see an entity that has an avenue to gather that is allowable, that is acceptable, that is much safer, choose to openly defy that in order to expose the members of their congregation to a very dangerous situation,” said Fletcher. “Just gather outdoors, physically distance, and wear a face covering.”Under the county’s public health order, houses of worship can continue to operate if “outdoor services and cultural ceremonial activities may be conducted provided all persons practice social distancing.”A county spokesperson tells ABC 10News that the church isn’t facing additional action from the county as of right now.ABC 10News reached out to Awaken Church for further comment but did not hear back. 2380

SAN DIEGO — Football icon Drew Brees gave a Temecula, California teenager the gift of a lifetime this week.The New Orleans Saints QB surprised Alex Ruiz at a Del Mar flag football event with a prosthetic leg."Surprise," Brees yelled into a microphone.Ruiz suffered a severe leg injury while playing football in October 2017. The quarterback at Linfield Christian School in Temecula was rolling out of the pocket when he was tackled and injured. The injury forced an amputation of Ruiz's foot.Brees presented the teen with a walking prosthetic Friday."If there's anything above cloud nine that's where I'm at right now," Ruiz said, all smiles after Brees asked him what he planned to do first with his new prosthetic.Brees added that once Ruiz gets the hang of it, he'll receive an athletic prosthetic as well with which to begin athletic training. But that didn't stop the two quarterbacks from sharing a quick pass."It's going to allow him to walk around, get around, and then eventually get to the point where he's able to play football again," Brees said. "Because ask him right now and there's no denying the look in his eye that that's what he wants to do." 1250

SAN DIEGO (KGTV)-- The special needs teacher accused of having a sexual relationship with a student, pleaded not guilty to 20 felony counts. He also declared he would represent himself in the case. Against the advice of the judge, 49-year-old Juan Carlos Herrera told the courtroom, he will fight this alone. "I would like to represent myself," Herrera said. Relinquishing rights to counsel, the San Diego High school special needs teacher read the 20 felonies for the first time inside the defendant's box. Those charges include having sex, performing other sex acts, and physically and emotionally abusing one student between February 2018 and this March, when she was 15 and 16 years old."They occurred on an almost daily basis," Deputy District Attorney, Jessica Coto said. "They took place in hotels, in his car, and in his classroom." Coto said his ongoing manipulation extended to making threats."The defendant also routinely threatened the victim, that if she told anybody about what was happening, that she would cut off her arms and legs," Coto said. This all came to light on May 5, 2019, when police arrested Herrera at the US-Mexico border. Days prior, the girl's mother found inappropriate messages from Herrera on her daughter's phone.Because of the nature of the charges, and Herrera's second home in Mexico, the prosecution requested million bail. As his own attorney, Herrera fought back, saying he is a Navy veteran with a 25-year clean record with the district."It's not conceivable for someone with my earnings to make million, nor would I flee," Herrera pleaded. "I have been a person of honor and honesty since the beginning."The judge disagreed and kept the bail at million, handing Herrera his first loss, leaving him in utter disbelief.The judge also put a criminal protection order for the now-17-year-old victim. If convicted, Herrera could face a maximum of 16 years eight months in prison. But the prosecution mentioned, more time could be added if they find more evidence of sexual abuse. 2037

SAN DIEGO, CA (KGTV) -- A debate is unfolding across the country, and right here in San Diego over how and when to reopen schools during this pandemic.With the new school year is quickly approaching, and the number of coronavirus cases continuing to surge locally, many teachers are left with concerns about opening their classrooms.The California Teachers Association (CTA), one of the largest teachers unions, urging state lawmakers to hold off reopening schools until it is proven to be safe enough."It is not reasonable for us to think that it’s safe for us to go back to schools," said E. Toby Boyd, the president of CTA who heard from teachers across the state. "We have to look at what is being mentioned in terms of the science, the facts, and how the disease is being spread."People are very afraid, very concerned because they either have underlying health conditions or someone in their household does," said Kisha Borden, the president of the San Diego Education Association (SDEA). "I'm hearing from educators of all ages who are very concerned about being put into an enclosed space, their classroom, with 25 to 30 children without the proper protocols in place."The San Diego Unified School District will start the 2020-2021 school year on Aug. 31 with an option of in-person or online distance learning.But, Borden said before teachers return, they have some demands."We're asking for at least a decline in cases over 14 days so that we're not bringing back large groups of people during a time when we're seeing an increase in cases," she said.The union would also like to see widespread, accessible, and frequent COVID-19 testing of students, staff, and parents when necessary, and fully-funded doctor recommended prevention measures.The district has listened to the union's concerns, and Borden said, after the latest meeting, she's feeling hopeful."I'm encouraged, the last statement that came from the district said that they'd like to meet with health professionals, they'd like to meet with public safety experts and really come up with clear medically proven guidelines and timelines around what is going to be necessary to bring students and staff back into our classrooms," she said.SDEA sent ABC 10News the following statement 2261

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