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SAN DIEGO (CNS) - A San Marcos man was behind bars Monday for allegedly driving under the influence of alcohol and causing a crash that killed a woman in his car.Ramos Santos, 37, lost control of his 2002 Honda Civic at the intersection of Aviara Parkway and Cobblestone Road in Carlsbad around 6 p.m. Sunday, sending it smashing into a light pole, according to police.Santos' 41-year-old passenger died at the scene, Lt. Christie Calderwood said. The identity of the victim, whose relationship to Santos remained unclear Monday afternoon, was withheld pending notification of her family.Santos was treated at a hospital for injuries he suffered in the crash, then booked into county jail on suspicion of homicide, DUI and driving on a suspended license, the lieutenant said.RELATED: Woman killed, man injured in suspected DUI crash in Carlsbad 852

SAN DIEGO (CNS) - A towering palm tree and the tree trimmer strapped to it came toppling down inside the lobby area at a University City-area hotel Thursday. The tree was being cut down at Embassy Suites by Hilton San Diego-La Jolla, 4550 La Jolla Village Drive, when it struck a person shortly before 11 a.m., according to police and the San Diego Fire-Rescue Department. San Diego Police told 10News the injured man was a tree trimmer. Medics took the victim, to Scripps Memorial Hospital La Jolla. Joe Jaha, a supervisor at Arbor West Tree Surgeons, says a 3-man crew was at the hotel to take down three large palms in the lobby. He says the tree trimmer was 30 feet up the final, 40-foot palm. He had taken off the top and was trying to bring it down when the tree uprooted, with the tree and tree trimmer crashing to the ground. The tree trimmer, a man in his 30s, suffered a broken leg and arm."It had highly unusual, shallow roots, which we couldn't detect until it was too late. OSHA arrived and said we were in total compliance. It was a freak accident," said Jaha.The Hilton sent 10News the following statement: 1131

SAN DIEGO (CNS) - Former Navy SEAL Edward Gallagher, who was acquitted of murder and attempted murder charges last year stemming from allegations that he fatally stabbed a wounded teenage ISIS fighter and shot Iraqi civilians, is suing the Secretary of the Navy and a New York Times reporter, alleging the reporter defamed Gallagher with the help of Navy officials illegally leaking him documents.The suit accuses the Navy of leaking "about 500 pages of confidential documents from the Navy's criminal investigation" on Gallagher to reporter David Philipps, who extensively covered the allegations against Gallagher prior to and after his trial at Navy Base San Diego last year.The suit also names as a defendant Navy Secretary Kenneth J. Braithwaite, who was sworn in to his post Friday, the same day Gallagher's lawsuit was filed in San Diego federal court.Representatives of the Navy and New York Times could not immediately be reached for comment.Gallagher was acquitted in July of several serious charges related to the alleged slaying of a teenage boy, as well as allegations of firing indiscriminately on civilians from a sniper's nest, which could have had him facing life in prison. However, he was only convicted of posing with the teen's body in a photograph, resulting in a demotion in rank. President Donald Trump, who publicly supported Gallagher throughout the allegations, restored Gallagher's rank in November.According to the lawsuit, "corrupt Navy officials" conspired to defame Gallagher by leaking information to Philipps, who published several articles that Gallagher's attorneys allege presented false information to discredit the former SEAL.The complaint further alleges that Philipps wholly fabricated some allegations against Gallagher, including that Gallagher routinely fired on civilian neighborhoods and tried to run over a Navy Police officer in 2014.The suit alleges information leaked to Philipps included "witness interview summaries and seized text messages" from the criminal investigation and "a complete list of other SEALs that Chief Gallagher had deployed with on prior occasions" so that Philipps could contact them for his stories.Navy officials hoped "negative publicity would help to pressure Chief Gallagher into taking a plea, as well as to influence any potential jury pool," the complaint alleges."Navy officials presented David Philipps with a golden egg," the lawsuit alleges. "They would illegally provide him with certain protected documents, in clear violation of the Privacy Act and court orders, so that Philipps could write a damning portrayal of Chief Gallagher, with reckless disregard for the truth."The suit, which seeks unspecified damages, alleges Gallagher has suffered "significant mental and emotional anguish" through the Navy's "violations of the Privacy Act and unlawful disclosure of Chief Gallagher's private information to David Philipps."The lawsuit is not the first time Gallagher's attorneys have accused Navy officials of misconduct.Gallagher's defense team previously alleged Navy prosecutors used tracking software to spy on the email accounts of the defense and a Navy Times reporter covering the trial.The trial judge, Capt. Aaron Rugh, removed prosecutor Cmdr. Chris Czaplak from the case just before the trial was set to begin, ruling the prosecution sent emails to the defense and the Navy Times reporter that were embedded with code that would track the recipients' email activity.The findings led Rugh to order that Gallagher be released from custody due to violations of his Fourth and Sixth Amendment rights and that his maximum possible sentence of life without parole be reduced to life with the possibility of parole. 3715

SAN DIEGO (CNS) - An El Cajon man was sentenced Friday to 14 years in prison for distributing fentanyl, some of which caused the fatal overdose of a former player for the San Diego Old Aztecs Rugby Football Club.Christopher Glenn Emison, 33, pleaded guilty earlier this year to a distribution of fentanyl count for selling more than 40 grams of the drug, some of which led to the death of 45-year-old Derrick Hotchkiss in his San Diego home on April 11, 2019.A co-defendant, 34-year-old San Diego resident Jeffrey Alden Blair, pleaded guilty in February and is due to be sentenced next month.Prosecutors say Hotchkiss had text messages on his phone indicating Emison sold him fentanyl the night before his death.Shortly after Hotchkiss' death, investigators searched Emison's home and vehicle and seized fentanyl, heroin residue, firearms, ammunition and other items indicating drug sales.Prosecutors say Emison admitted to knowing the fentanyl was dangerous and apparently sent text messages to Hotchkiss to warn him of the drug's strength but never received a response."Selling drugs is not a victimless crime. Selling drugs is a root cause of crime, cartel violence, the destruction of families and in this case, death," said DEA Special Agent in Charge John W. Callery.U.S. Attorney Robert Brewer said, "This case and the fact that deadly fentanyl continues to ravage our community, taking more than 300 lives this year alone in San Diego County, demonstrates the urgent need to hold these dealers of death accountable for their actions."A statement from the Old Aztecs Rugby Football Club said, "We continue to grieve our beloved Deez ... Saturdays won't be the same; he was a large man with a heart to match." 1723

SAN DIEGO (CNS) - Hours after Gov. Gavin Newsom released a new system for the state that sorts counties into one of four tiers based on the extent of the area's COVID-19 outbreak, San Diego County officials announced some local businesses would be able to operate indoors in a limited capacity starting Monday.On Monday, restaurants, places of worship, movie theaters and museums will be allowed to maintain up to 25% occupancy or 100 people -- whichever is less. Gyms may operate with 10% occupancy. Hair salons, barbershops and nail salons may operate indoors with normal capacity. Dr. Wilma Wooten, the county's public health officer, said the county would follow state guidelines that indicate retail businesses are to be restricted to 50% occupancy.All indoor businesses must still abide by social distancing- and face-covering mandates, as well as having a detailed safe reopening plan on file with the county.On Saturday, the county reported 263 new COVID-19 cases and three new deaths, raising the region's totals to 38,047 cases and 679 deaths.Two women in their mid-80s and one man in his early 80s died. All three had underlying medical conditions.Of the 6,796 tests reported, 4% returned positive. The 14-day rolling average of positive tests is 3.7%, well below the state's 8% guideline. The seven-day average number of tests performed in the county is 6,978.Of the total positive cases in the county, 3,083 -- or 8.1% -- have required hospitalization since the pandemic began, and 749 -- or 2% -- were admitted to an intensive care unit.County health officials reported six new community outbreaks Friday, bringing the number of outbreaks in the past week to 20. The outbreaks were in a food processing setting and five in business settings.The number of community outbreaks remains well above the county's goal of fewer than seven in a seven-day span. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households in the past 14 days.Wooten said San Diego County had made it to "tier 2," the only county in Southern California to earn that designation. The county still has a "substantial" COVID-19 presence, but unlike Orange, Riverside, Los Angeles and Imperial counties it is not considered "widespread."The two metrics the state was monitoring in that tier list include an old one -- the percentage of positive tests -- and a new one -- the number of daily new cases per 100,000 people. San Diego County is at 3.8% and 5.8 per 100,000 respectively. To make it to the next tier, the county must show rates of between 2% and 4.9% positive tests and between 1 and 3.9 new daily cases per 100,000 population.Because the county currently exceeds one of those numbers, it cannot start its path to the next tier.County Supervisor Nathan Fletcher said he felt the county was moving too quickly to reopen and should take a more measured response."My concerns are with the size, scope and speed of what is being reopened on Monday," he said. "While there are some lower risk entities that could safely reopen at this point, what we are doing is very similar to what we did in June with a large segment of indoor operations all opening at the same time. This led to a large increase in cases and required new restrictions."But even though I prefer a different path, the decision has been made and I will continue to work tirelessly to help us find a way to slow the spread, support our schools, and continue to help our community through this difficult time," Fletcher said.According to Wooten, there is a 21-day mandatory wait time before any county can move between tiers, and a county must meet the metrics for the next tier for two straight weeks. Also, a county may only move one tier at a time.These moves all appear to be in the interest of moving counties down the tier list toward full reopening. There does not appear to be any provision for a large, quickly spreading outbreak moving a county more rapidly back up the list.The timeline for schools being able to open for in-person instruction on Sept. 1 is not affected by this new system of tiers, Wooten said. The state will monitor the data weekly, with results announced Tuesdays.County officials announced last Wednesday that they would expand free testing for school staff throughout the region.According to Fletcher, testing for school staff -- teachers, paraprofessionals and others -- will be made available for free at all of the county's 20 testing sites. Additionally, Fletcher said more will open by the end of September to increase testing accessibility.The county still does not advise that asymptomatic children get tested, but Fletcher said parents can seek guidance through primary care physicians or seek testing through Rady Children's Hospital, Tri-Care or Kaiser Permanente -- depending on what health insurance, if any, a family has.San Diego State University announced Friday that three more students tested positive for COVID-19, after reporting two positive tests among students for two consecutive days.University officials said the two new cases were unrelated to the previous cases and all seven students had only been to the campus for testing at Student Health Services.Eighteen SDSU students have contracted COVID-19 since March. 5299