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SAN DIEGO (CNS) - A drunken driver who went the wrong way and crashed head-on into another car in 4S Ranch, killing the other driver, was convicted Wednesday of gross vehicular manslaughter while intoxicated and DUI causing injury.Jurors deadlocked on a second-degree murder count against Alexandria Bayne, but will return Thursday to resume deliberations in hopes of reaching a consensus. The 37-year-old defendant was charged with murder due to two previous DUI convictions from 2005 and 2008.The panel deliberated two days before returning the vehicular manslaughter and DUI verdicts, and acquitted Bayne of four child endangerment counts involving allegations that she drove drunk earlier in the day while her children were riding in her minivan.RELATED: Fatal 4S Ranch DUI suspect breaks down in tears when husband testifies in hearingOn Thursday, the jury will hear a read-back of closing arguments and receive clarifications on the legal definitions of certain terms such as "intentionally" and "deliberately," which were cited as a source of contention in jury notes submitted to San Diego County Superior Court Judge Robert F. O'Neill.Sarita Shakya, a 38-year-old Scripps Mercy Hospital nurse, was heading home from work the afternoon of Dec. 17, 2016, on Camino Del Norte when her car was struck head-on by the defendant's vehicle.Deputy District Attorney Cally Bright told jurors in her opening statement that Bayne had been drinking alcoholic beverages throughout the day, starting that morning. The defendant and her attorney conceded she'd been drinking but was not drunk when she was behind the wheel. Though she testified that she had eight drinks throughout that day, she told the jury she simply made a mistake when she turned into opposing traffic lanes on Camino Del Norte.RELATED: Tears at preliminary hearing in suspected DUI fatal crashBayne's attorney, Michelle Hunsaker, contended that Bayne made that mistake because she was distracted by family issues, as well as her cell phone.Prosecutors said her blood alcohol content was measured at between .32 and .33% -- the legal limit is .08% -- after the crash.Hunsaker disputed that testing result, saying Bayne's alcohol consumption "just doesn't line up" with the .33% BAC alleged by the prosecution. She also said Bayne had encountered several people throughout the day and did not appear intoxicated.RELATED: Woman killed by suspected drunk driver in 4S Ranch identified"We are not discounting the magnitude of the loss of Ms. Shakya and take full responsibility for that collision. But distraction does not equal murder," Hunsaker said.Shakya's husband, Peter Chen, testified that his wife typically returned home sometime after midnight each night following her shift at the hospital. When she didn't show up, he called her supervisor, who didn't know why Shakya might be late.Hours later, he received the bad news."I couldn't believe what had happened," Chen said, calling it "the worst day of my life." 2990

SALTON CITY, Calif. (KGTV) - A 3.4-magnitude earthquake shook the Salton Sea region early Sunday.The quake hit just after 5:30 a.m. Sunday a little more than 8.5 miles southwest of Salton City, Calif., with a depth of about 6 miles, according to the United States Geological Survey.According to the website's "Did you feel it?" survey, the shake-up was felt as far away as Julian and El Cajon.RELATED: Is there such a thing as earthquake weather?There have been no reports of injuries or damages from Sunday's earthquake.Several smaller rattles under 1.0-magnitude within the Borrego Springs area were also recorded by the USGS.The Salton Sea area has traditionally been an area that experienced "earthquake swarms," or sequences of several quakes around the same area. 797

SAN DIEGO — Small business owners across San Diego are bracing for a new round of Coronavirus restrictions. And some say they'll have to fight them in order to survive.The movement into the state's purple tier would block restaurants, nail salons, estheticians and gyms from operating indoors - a change that some say would spell the end of their businesses."If we're forced to close again we may permanently have to close our doors," said Todd Brown, owner of Bub's at the Beach, in Pacific Beach. "It's tough for us, 22 years later I never anticipated that we'd be fighting for our lives, and that's where it's at."Bubs can only fit 9 tables on the street, so Brown is bracing to defy the order. He says otherwise food expires, equipment languishes and bills pile up."I know for a fact if we follow it then I'm done," he said. "We have zero chance of success that way, so which way would you go?"The local economy continues to be hit hard by the pandemic.Joblessness remains at 9.9 percent with more than 154 thousand unemployed San Diegans. But not every restaurant is in such dire straights.At City Tacos, owner Gerry Torres says the fast casual eatery has been able to make the most of the outdoor space in front. He's all right with the new tier."As a community, as San Diegans, we should support it, because that's only going to keep us safer," Torres said. Torres says local governments have really stepped up to help small businesses, a resource he says has proven vital 1487

SAN DIEGO — An Uber driver escaped from his car after it plunged into San Diego Bay Thursday night.San Diego Harbor Police said the incident occurred at around 10:30 p.m. local time. The driver was on his way to pick up a customer on Harbor Island when he arrived at a T-intersection at a high rate of speed, causing him to drive off the road and into the water. 375

SAN DIEGO — The race between two Democrats vying to become San Diego's next mayor is neck and neck, according to a new scientific poll.The ABC-10News Union-Tribune poll shows State Assemblyman Todd Gloria leading City Councilwoman Barbara Bry 39 percent to 38 percent, with 24 percent undecided. The results are well within the SurveyUSA poll's 5.3 percent margin of error. The race is even closer now than it was a month ago, when a similar poll showed Bry leading Gloria 37 percent to 34 percent, also within the margin of error. While both are Democrats, the poll showed Bry getting a majority of her support from Republicans and Independents, while Todd Gloria retained a lead among Democrats. "Barbara Bry is talking about neighborhood issues and slowing down the growth of San Diego, whereas Todd Gloria is talking about addressing housing and doing some growth," said Thad Kousser, a political scientist at UC San Diego. "That finds a political divide over growth that often separates moderates from liberals, or Democrats from Republicans even though both of these candidates Barbara Bry and Todd Gloria are both strong Democrats."Gloria took home 41 percent of the vote in the March primary, with Bry coming in second with 23 percent. She beat out Republican Scott Sherman by 1,189 to get into the top-two runoff, and his voters appear to be supporting her. SurveyUSA's poll shows 46 percent of Republicans voting in the mayor's race are supporting Bry, while 46 percent of independents voting in the race also plan to support Bry. Meanwhile, 24 percent of Republicans and 27 percent of independents voting in the race are supporting Gloria. Gloria's support is coming mostly from Democrats, with 53 percent of members of his own party planning to vote for him, compared to 27 percent for Bry. The remainder are undecided."There are different shades of blue within this city and this mayoral race is all about deciding what kind of Democrat San Diego will be governed by," Kousser said. In a statement, a spokesman for Gloria said they were focused on November 3. “The only poll that matters is Election Day," he said. "Our campaign will continue working hard to reach every San Diegan in every community and to earn every vote.”Bry's campaign also released a statement, saying the results were in line with their internal polling, showing the race in a dead heat. "We’re confident once voters understand the very real differences between the candidates – on issues ranging from protecting residential neighborhoods to re-starting our local economy and being independent from City Hall special interests – that we will prevail on November 3," the statement said. The poll surveyed 547 likely voters and was conducted between Oct. 1 and Oct. 5. 2762

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