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SAN DIEGO (CNS) - The family of a 19-year-old San Diego State University student who died after falling from his bunk bed and striking his head following a night of drinking has filed a wrongful death lawsuit against several defendants, including the university, the fraternity he was pledging for, and the manufacturer of the bed he fell from.The lawsuit filed last week in San Diego Superior Court alleges Dylan Hernandez was hazed by members of Phi Gamma Delta just prior to his death, and that fraternity members not only failed to obtain medical attention for him after he became extremely intoxicated, but also attempted to hide evidence of misconduct following his fatal fall.Hernandez fell from his bed on Nov. 7, 2019, and died in a hospital the following day.RELATED: Investigation completed into death of SDSU student who died after fall from bedThe lawsuit alleges he attended a "Big Brother, Little Brother" fraternity event that had pledges "screamed at and demeaned, beaten with paddles and hands, and forced to consume shots of vodka and rum to the point of intoxication."Following his hospitalization, the lawsuit alleges Phi Gamma Delta members instructed others to remove incriminating material from their cell phones and in group chats, members were told to "Keep your mouths shut!" and "Just remember, Silence is Golden!"Representatives with Phi Gamma Delta did not respond to a request for comment.RELATED: Autopsy report of SDSU student who died after fall from bed releasedIts national office permanently suspended its SDSU chapter in August and SDSU expelled the fraternity until 2030.In July, it was announced that no criminal charges would be pursued in connection with Hernandez's death, which was ruled accidental. A joint statement released by the university's police department and the San Diego County District Attorney's Office stated there was "no basis" for manslaughter or hazing charges.Investigators said there were no injuries on Hernandez's body "that appeared consistent with hazing, and no evidence of student group activities likely to cause serious bodily injury or death, which is statutorily required to prove hazing." Other than Hernandez's "devastating head injuries," the only other wound to his body was an abrasion on his thigh, officials said.RELATED: San Diego State suspends 14 fraternities after student is hospitalizedOne month after that statement was released, Rob Caudill, the fraternity's executive director, sent SDSU a letter announcing the chapter's closure, stating the SDSU chapter had been found guilty of violating fraternity bylaws, including hazing, drug use and violations related to alcohol misuse.SDSU representatives said the university could not comment as it had not yet seen the lawsuit, but pointed to steps the university has taken to combat hazing activities on campus in the wake of Hernandez's death. These include the formations of two task forces examining student activities and alcohol/substance abuse. Task force recommendations led to the implementation of a Good Samaritan Policy, in which student organizations are encouraged to report concerns about student health and safety, and a Hazing Prevention Task Force that held its first meeting this fall.Hernandez's family alleges SDSU was aware of prior hazing issues involving Phi Gamma Delta and failed to properly discipline the fraternity for such activities. The family alleges SDSU was aware of prior instances when Phi Gamma Delta pledges were hazed or hospitalized for excessive drinking.The family also alleges the school created an unsafe environment in the Tenochca Residence Hall where Hernandez suffered the fatal fall by furnishing its rooms with bunk beds that didn't meet minimum safety standards.In suing SDSU and the bunk bed manufacturer, Foliot Furniture Pacific, the family alleges the beds featured "safety rails" that were defective, and contributed to 550,000 deaths nationwide over a 16-year period and 10 injuries at SDSU between 2017 and 2019. 4015
SAN DIEGO (CNS) - The San Diego Humane Society will make a group of animals displaced by the Camp Fire available for adoption Friday.Earlier this month, the organization's Emergency Response Team deployed to Butte County for 10 days to offer aid to hundreds of animals displaced or otherwise affected by the fire.The team returned to San Diego Dec. 19 with eight dogs and three cats, some of whom received treatment for burns caused by the fire.The owners of the 11 animals surrendered them to the Humane Society because they could no longer care for them. As a result, they will not have an owner seeking to find them once conditions improve in the areas affected by the fire.The Humane Society will put a group of the displaced animals up for adoption at 10 a.m. at its main campus, located at 5500 Gaines St. Available animals include a bonded pair of 6-year old miniature pinscher mixes named Pikachu and Panchie and a 3-year old cat names Sunshine.One of the dogs, 11-year-old Cinnamon, was adopted on Friday. Two of the cats have also found forever homes. Residents can view the Humane Society's adoptable animals at sdhumane.org/pet. Adoptions will be on a first-come, first-served basis. 1203

SAN DIEGO (CNS) - San Diego's 73rd City Council was sworn in Thursday morning alongside new Mayor Todd Gloria, bringing a Democratic supermajority to the council chambers.Departing councilmembers Georgette Gomez, Barbara Bry, Chris Ward, Mark Kersey and Scott Sherman offered thanks to the citizens of San Diego and words of advice to incoming councilmembers Joe LaCava, Stephen Whitburn, Marni von Wilpert, Raul Campillo and Sean Elo-Rivera as the city faces one of the most tumultuous periods in its history.The 73rd City Council must contend with the ongoing COVID-19 pandemic and all the physical, economic and budgetary issues it presents the city. Other major items before the council, which now sits at an 8-1 Democrat advantage, include the city's Climate Action Plan and battling climate change, homelessness and rising housing prices, the cleanup of the Tijuana River Basin, social and racial justice and large-scale projects such as Pure Water.A visibly emotional Gomez thanked her family, wife and supporters for a brief but significant four-year term representing the city's District 9. Her tenure, including the last two years as Council President, saw a citywide focus on climate change, racial justice and infrastructure projects.Her replacement, Elo-Rivera, said he would continue radical reform to better the city. He drew issue with the description of the many problems caused by COVID-19 as "unprecedented.""For too many San Diegan families, the challenges presented by COVID- 19 are not unprecedented but all too typical," he said. "We must not go back to normal. Normal is not good enough."Bry, a candidate for mayor against Gloria, said she was proud of her four years representing District 1 and that she would continue to "demand accountability," from city government. She pointed to the 101 Ash Street real estate deal and the failed Soccer City proposal as examples where she blew the whistle about backroom deals.Her replacement, LaCava, said his engineering background would continue Bry's policy of no-nonsense straight talk. He hoped to work with all city departments to survive the pandemic."Successful navigation of these uncertain pandemic waters will take all of us working together," he said.District 3's Whitburn thanked his predecessor, now-Assemblyman Chris Ward, for continuing to "break the rainbow ceiling." He was sworn in by former Councilwoman Christine Kehoe -- the first openly LGBT person elected to office in San Diego County in 1993 -- and all LGBT former District 3 councilmembers were in attendance. This included Kehoe, Senate President Pro Tempore Toni Atkins, Gloria, Ward and now Whitburn himself.He said he wanted to move forward with the city into a new era."We need to advance past the us versus them mentality," that he said plagued politics around the country but especially in San Diego.Von Wilpert took over from Mark Kersey in District 5 and said she was dedicated to empowering justice throughout the city. She said action must be swift and decisive on how to tackle COVID-19."With a vaccine on the verge, hope is on the horizon," she said, adding the importance of bipartisanship. "We must reject anger and division."In District 7, former Councilman Scott Sherman said he stuck to his guns and didn't sell out to special interests.He reminded his former colleagues and the new elected officials of their responsibility."It's not your money," Sherman said. "We are stewards of the taxpayers' money."His replacement, Campillo, said although he comes from a different political party than Sherman, all the members of the council serve their constituents."We must not let the past impede us," he said. "San Diego has more young people, more diversity, but more to fix than ever."Later in the afternoon, the council selected Jennifer Campbell, who represents District 2, as its president. The council voted 5-4 in favor of Campbell over District 4 Councilwoman Monica Montgomery Steppe. 3955
SAN DIEGO (CNS) - The San Diego City Attorney's Office Thursday urged families with guns in the home to practice proper firearm safety while self- quarantining to keep the weapons out of the hands of children.With stay-at-home orders issued at the state and local levels, and schools closed down due to the COVID-19 pandemic, City Attorney Mara Elliott's office said gun safety is paramount."When you have guns and children in the home and do not practice safe storage, you are increasing the risk that someone will be accidentally shot," Elliott said. "Children are very resourceful when it comes to locating things their parents thought they'd never find. When they find a gun, it often leads to tragedy."The city's Safe Storage of Firearms Ordinance, which was authored by Elliott and went into effect last year, requires San Diego gun owners to store firearms in a locked container or to secure guns with a trigger lock unless they are in the immediate control of an authorized user.The City Attorney's Office said trigger locks and gun safes are readily available for purchase online and that all guns sold in California after Jan. 1, 2002, were required to come with a free trigger lock.Elliott's office said 4.5 million children nationwide live in homes with one more loaded and unlocked firearms.Firearm retailers nationwide have seen an uptick in firearm sales amid the coronavirus pandemic, and it remains unclear whether gun stores might be ordered to close locally.In one of the county's coronavirus-related briefings, Supervisor Nathan Fletcher said firearm stores were not considered essential businesses that should remain open per the state's stay-at-home order.Earlier this week, San Diego County Sheriff Bill Gore said his office was awaiting further guidance from the governor's office, and would not force gun stores to close in the meantime, citing a concern that doing so would push consumers to purchase guns on the black market.On Wednesday, Gov. Gavin Newsom decided that he would defer to the state's sheriffs "on whether gun stores are essential businesses that should remain open under his (COVID-19-related) executive order," Gore noted in an updated statement released Thursday afternoon.The sheriff said he would not ask gun stores to close, but advised that they take San Diego County's public health orders regarding public gatherings and social distancing into consideration while they do business.Gore said gun retailers should "look at alternative sales options, which might include scheduling appointments," in order to comply with county health guidelines and prevent long lines from forming outside of gun stores.The sheriff also urged county residents to only buy guns through federally licensed dealers. 2752
SAN DIEGO (CNS) - San Diego Police Chief David Nisleit Tuesday promised a thorough investigation into allegations that one of his officers uploaded a social media post mocking a roadside memorial for a robbery suspect fatally shot three months ago by that lawman and a patrol partner.SDPD Officer Jonathon Lucas was immediately suspended without pay after the online image seemingly belittling the death of 25-year-old Leonardo Hurtado Ibarra appeared on Instagram last week, Nisleit told reporters during a mid-afternoon briefing at downtown police headquarters."I am shocked and disturbed by the reports of this officer's conduct," the chief said about the post, in which emojis of laughing and tearfully wailing faces were superimposed over a photo of the makeshift tribute to Ibarra at the site where he was shot."The officer's alleged actions fall short of the high standards I and our community have for the San Diego Police Department," Nisleit said.Late on the afternoon of June 27, Lucas and Officer Tevar Zaki opened fire on Ibarra, a suspect in a recent robbery, when he allegedly pulled a revolver from his waistband and pointed it at them as they approached him in the 1200 block of Sixth Avenue in the Core-Columbia district.Ibarra succumbed to his gunshot wounds in a hospital two days later.The shooting prompted demonstrations by protesters alleging a culture of excessive use of force and racial bias on the part of the San Diego Police Department.While condemning the antagonistic online posting Tuesday afternoon, the police chief offered a message to Ibarra's survivors."I want to apologize to the Ibarra family," Nisleit said. "This unnecessary act only reopens wounds during an already painful time."In addition to placing Lucas, a four-year member of the SDPD, on unpaid leave, Nisleit revoked his police powers pending completion of the in- house probe into the matter."I want to assure our community that I do not take these allegations lightly," the chief said. "Officers take an oath to protect and value all life. And ... I clearly understand this is a critical time in relationships between law enforcement and the communities that we serve. I want to send a clear message that this behavior is not acceptable in the San Diego Police Department and does not reflect the values of the men and women of this department."Nisleit also pledged to be "transparent with our findings" that result from the internal investigation, though he acknowledged that state law protecting the privacy of police personnel might prevent a full disclosure of any punitive actions -- including, potentially, job termination -- ultimately taken against the accused officer. 2689
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