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SAN DIEGO (KGTV) -- Allegations of battery made against a California Assembly candidate have proven to be false, according to the San Diego County Sheriff’s Department.Detectives say after interviewing several witnesses and reviewing surveillance video, allegations against Phil Graham have proven to be unfounded and the case is being closed.RELATED: State assemblyman candidate accused of batteryNiki Burgan filed the report on Sunday, May 20. Burgan alleged that the incident happened on May 14 at the First Street Bar in Encinitas. Burgan said she met Graham and that they engaged in conversation.Burgan alleged that Graham kissed her against her will and followed her outside before attempting to have her touch him in a sexual manner against her wishes.The department says it conducted a thorough investigation and disproved the allegations after being assigned to the case on May 21.10News reached out the Phil Graham and received the following statement:  1006

SAN DIEGO (KGTV) -- A tortoise no longer on the loose is still waiting for its rightful owner in East County.The tortoise, believed to be an older male, was found Thursday by Heartland Paramedics.It was roaming the streets of El Cajon and is now staying at the El Cajon Animal Shelter.Workers there say this is not a situation they often face.“Not in the City of El Cajon," said Shelter Manager Jill Jones. "Perhaps in outer-lying counties, they have a little more tortoise traffic, but we generally do not."A family who saw the original 10News story believed the tortoise was their beloved pet Frankie who went missing a week ago. However, upon arrival at the shelter, they quickly realized this tortoise was much larger.If you believe the tortoise is yours, you can go to the shelter during regular business hours. If possible, bring photos and any other identifying information. 889

SAN DIEGO (KGTV) - Almost a dozen gyms retained a lawyer, preparing for a fight to stay open against San Diego County's health orders.Monday Governor Gavin Newsom announced a long list of businesses needed to close down again, due to a spike in coronavirus cases.That list includes:places of worship restaurants wineries movie theatersfamily entertainment centerszoos museums cardroomsfitness centerssalonsmalls.Metroflex Gym in Oceanside has been open since May despite the health orders. Owner Lou Uridel said this renewed push to close puts them in a corner and if they close, they won't reopen."We have only one plan, that's to stay open, we don't have the option to keep closing opening, closing opening." Uridel said they've been denied a dozen times for loans."I feel like it would be a betrayal of my faith and a betrayal of my dreams to give up on that and just close down," he said.Uridel said they're a place many find comfort, "we're continuing to get a lot of new gym members, we have stopped signing up people as of today." Uridel said they had to stop to ensure their members have access to the gym with the limited capacity imposed by the county's health orders.San Diego County announced this week they were putting together strike teams to ensure businesses in the list above shut down."It definitely doesn't scare us," he said.He said the laywer they hired found a loophole where the state health order was filed by the health department, and if they are not violating any health regulations they cannot be closed down.San Diego County Public Health Officer Wilma Wooten said they were just following the state's recommendations and those businesses need to shut down to protect the community and bring down coronavirus case numbers.Uridel said they are doing everything possible to create a healthy gym environment.He said they brought in a biologist to measure their air flow with their bay doors open and about a half dozen industrial fans in place.Uridel said their air flow rated 9.1/10.He said every gym member washes their hands on the way in and out, and wipe down their equipment. He said social distancing is in place and there is more cleaning each hour.He said if the county comes after them, "all we can really do is take it in the chin, whatever they're going to throw at us. If they're going to fine us, we'll fight it in court."When asked if he was worried about his staff or members getting sick, he said "it's always a concern, but it's a concern at any business, even the ones that remain open. If you check around, a lot of cases have come out of Home Depot, and grocery stores and there hasn't been one blink to close any of those down."He says his gym is a place of healing, helping military members fight PTSD and others work through the trauma of the coronavirus.Uridel said one man who lost his wife to suicide and faced other challenges is a regular at his gym. "When he told me this is what saved his life again," Uridel said emotionally, "it just made me realize that's exactly what we have to do."He wants to keep the doors open to provide that haven during this hard time. 3129

SAN DIEGO (KGTV) -- Ahead of their games in San Diego, the Harlem Globetrotters took to the USS Midway Museum to make some trick shots.Several of the team’s players, TNT Maddox, El Gato Melendez and Zeus McClurkin took three shots in a row to a hoop on the flight deck below.This year marks the 75th anniversary of the Globetrotters performing for U.S. troops around the world.TNT is only the 9th female in the team’s history.The Globetrotters will play two games at the Valley View Casino Center Friday, February 16 and Friday February 23.Watch the video of the tricks in the player below: 598

SAN DIEGO (KGTV) -- A San Diego psychiatrist no longer has a license after authorities say he was intoxicated while practicing.According to the Medical Board of California, Marco Antonio Chavez’s license was suspended following an investigation.The investigation began after authorities say a patient reported that Chavez sent him a box of medication in 2017 that contained an empty vodka bottle.During one of several office visits, an investigator said Chavez appeared to be intoxicated.Documents show that Chavez told the investigator that his mother gave him a “Mexican home remedy to stop his drinking” which consisted of vodka and cloves. At a hearing, Chaves said he had two of the drinks that morning.During the visit, the investigator told Chavez he believed he was “so intoxicated that he could not practice medicine” and told two patients in the waiting room to go home.A test conducted by a San Diego Police officer shows that Chavez had a blood alcohol level of .216. Authorities say Chavez’s license was suspended on May 7. 1044

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