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SAN DIEGO (KGTV) -- A San Diego gym owner said he is keeping his doors open despite state restrictions on indoor operations that took effect early Wednesday morning.For Shawn Gilbert, the owner of Boulevard Fitness in University Heights, keeping his business open is a matter of survival."I took a huge financial hit in May. Money out of my pocket that's never coming back. We have bills to pay, we have rent to pay,” Gilbert told ABC 10News.Gilbert said he believes his gym can operate safely with face covering and social distancing guidelines because it is a large, open space with high ceilings. The gym also has an outdoor space that Gilbert plans to also utilize.According to Gilbert, none of his gym members or employees have tested positive for coronavirus.Gilbert told ABC 10News he’s prepared for any possible citations for staying open."We have a lawyer with six other gyms, all representing us gym owners. What [Gov. Gavin] Newsom did this time is unlawful. I find it criminal,” said Gilbert.Boulevard Fitness is closed Wednesday for cleaning, but the facility will reopen Thursday at 6 a.m. 1111

SAN DIEGO (KGTV) - A new California law aims to help thousands of low-income Californians gain access to fresh and healthy food.Seniors in California who receive Supplemental Security Income (SSI) benefits will also be able to apply for CalFresh food benefits, formerly known as food stamps.SSI recipients are either over age 65, disabled, or blind. Up until recently, they couldn't apply for CalFresh benefits because they receive money for food in their check; however, it's just a month. "One of the challenges seniors face is the high cost of living, we can hardly make it with what we get," said Gwendolyn Joseph, a San Diegan who lives on a fixed income.Joseph just turned 76 and can finally apply for CalFresh benefits, despite receiving SSI benefits. The average CalFresh recipient receives 0 per month to purchase food."We are striving so hard in California to restore these kinds of safety net programs to our most vulnerable Californians, look around this room, these are people who've worked their entire lives, they deserve it, they've earned it, and they need our support now," said Senator Toni Atkins, who represents California Senate District 39.Feeding San Diego, in partnership with Serving Seniors, 211 San Diego, and the County of San Diego Health and Human Services, is working to spread the word and encourage SSI recipients to apply for CalFresh benefits. "The nutritional gap that we're seeing in San Diego in terms of people having calories to eat, but not having healthy and nutritious foods to eat, is a real serious and growing problem, and it impacts seniors disproportionately," said Vince Hall, CEO of Feeding San Diego. California had been the only state in the nation to exclude SSI recipients from receiving food stamps. 1770

SAN DIEGO (KGTV) - A judge declared a mistrial Monday in the retrial of an undocumented immigrant accused of being the driver in a San Ysidro, California hit-and-run crash which seriously injured a young boy.Constantino Banda Acosta was charged with the crash  on May 6, 2017.Investigators said Banda ran a stop sign and crashed his pickup truck into the Lake family’s Honda Accord.6-year-old Lennox Lake was in a child safety seat at the back of the car. He suffered serious head injuries.Banda left the scene but was arrested about two miles away after Border Patrol agents spotted his damaged truck parked on a street, police said.During Banda's first trial, his passenger, Jorge Adame Ariza, also an undocumented immigrant from Mexico, testified under a grant of immunity during the defendant's two-day preliminary hearing in June that he and Banda had a number of beers that night before the accident.Adame said Banda got into a fight with another man outside a Chula Vista restaurant. Adame told them he picked up Banda but later moved into the passenger seat with Banda behind the wheel during the crash.San Diego police Officer Michael Muniz testified in the first trial that Banda's blood-alcohol content measured .151 and .152 percent -- the legal limit is .08 -- during two breathalyzer tests.Federal immigration officials said Banda has been deported from the United States at least 15 times over the past 15 years, most recently on January 18.A judge will decide Friday whether a third trial will take place. 1544

SAN DIEGO (KGTV) — A pedestrian was struck and killed by a vehicle while on Interstate 5 late Sunday.The pedestrian was on southbound I-5, just north of Cesar E Chavez Parkway, just before 11 p.m. when a vehicle struck and killed the person, according to the California Highway Patrol.Several vehicles hit the person after the initial crash, CHP added.CHP said it's unclear why the person was on the freeway and whether drugs or alcohol were a factor in the collision.I-5 was closed between Cesar Chavez Parkway and Logan Avenue while CHP investigators responded. The collision was under investigation as of Monday. 623

SAN DIEGO (KGTV) -- A Point Loma woman said a man took photos of her chest as she was walking into the Ralphs grocery store on Rosecrans Boulevard on Tuesday morning. It was around 9 a.m. when Julie Buerckley noticed a man standing by the entrance and as she got closer she says he began snapping photos on his phone.  "He was taking pictures of me but it wasn't of my whole body, it was just of my chest," said Buerckley.Buerckley told 10News she ran inside to tell someone, but by the time employees came out the man was long gone. She said there's no telling how long he'd been there or who else he'd taken pictures of. "I'm worried about kids getting pictures taken when their parents aren't paying attention and stuff," Buerckley said. "That's what I'm worried about."She described the man as being tall, and wearing a red shirt, blue jeans and white shoes.  906