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SAN DIEGO (KGTV) - The family of a YouTube star who drove his McLaren the wrong way on the 805 last year, killing a mom and her daughter, are suing the City of San Diego, County of San Diego, and the Psychiatric Emergency Response Team (PERT).The lawsuit claims the “horrific and tragic event” was entirely preventable.Eighteen-year-old Trevor Heitmann, known as McSkillet, drove his McLaren the wrong way on the freeway in August 2018, killing Aileen Pizarro and her 12-year-old daughter Aryana. The sports car collided with the family's SUV, which burst into flames.RELATED: Autopsy details mental state of McSkillet before deadly crash on Interstate 805 in San DiegoIn the lawsuit Heitmann's family claims "SDPD was warned by Plaintiff's on the day of, but before his death, that Trevor intended to drive his McLaren at a high rate of speed in the wrong direction on a public roadway, under the delusion that he (Trevor) could drive through vehicles traveling in the opposite direction without incident."Worried about their sons' dangerous intentions and fearing for his well-being, as well as the safety of others, Dr. Mary Rusher, a board-certified psychiatrist, called 911 and made a 5150 request for a psychiatric hold, the lawsuit alleges.The lawsuit claims, "Defendants' purported PERT response team conducted either or both no assessment or the wrong assessment of the mental health status of Plaintiffs' son Trevor, pursuant to and under California Welfare and Institutions Code 5150."RELATED: YouTuber's parents requested psychiatric evaluation before deadly I-805 crashIt alleges, defendants also failed and refused requests to take Heitmann into protective detention to transport him to a designated evaluation and treatment facility."As a consequence, and despite Plaintiffs' attempts to ensure their son's safety and the safety of others by blocking the driveway of their residents, Trevor later that day left his residence and drive the McLaren to the Interstate 805 Freeway where he was killed in the beforementioned collision, which also tragically took the lives of the Pizarros."A spokesman for the County of San Diego told 10News they couldn't comment.RELATED: Son remembers mother and sister after release of driver's autopsy in deadly 805 crashAs of this writing, officials with the City of San Diego and PERT have not responded to 10News requests for comment.This is the third lawsuit filed regarding the 2018 crash. Two other lawsuits were filed by family members of the mother and daughter killed in the crash. 2545

SAN DIEGO (KGTV) — The Ninth Circuit Court of Appeals rejected an emergency injunction for a Chula Vista church to hold Christmas Day services indoors.South Bay United Pentecostal Church, which has had legal challenges denied over California's COVID-19 restrictions against places of worship holding indoor services, requested the injunction while its appeals case works its way through the courts.Thursday, the Ninth Circuit denied the request but the case will see a full hearing on the merits on January 15, 2021.RELATED: Los Angeles County change on indoor religious services could impact South Bay lawsuit"We are extremely disappointed that the Ninth Circuit has yanked the joy of Christmas away from South Bay United Pentecostal Church and its congregants," Charles LiMandri, one of the attorneys representing the church, said in a statement.LiMandri said they will request that the U.S. Supreme Court intervene in the case. The country's highest court has already ruled in favor of religious institutions in a New York case, prompting Los Angeles County to amend their public health order to allow for indoor religious services under certain modifications.“By refusing to allow South Bay to participate in the worldwide celebration of the birth of Jesus Christ, the court is continuing to perpetuate the violations of religious liberty that Governor Newsom has been executing for nine months under the guise of COVID-19 prevention,” said LiMandri.California's regional stay-at-home order prohibits indoor operations across several industries, including churches and places of religion.South Bay United Pentecostal Church has argued against the state's restrictions since May. Senior Pastor Arthur Hodges told ABC 10News that they're prepared to go above and beyond current coronavirus-related precautions once they reopen. 1837

SAN DIEGO (KGTV) — The average price for a gallon of gas in San Diego rose again Saturday, increasing a cent and pushing San Diego's average into the region.While consumers have seen pockets of a gallon gas in previous weeks, Saturday marked the first time since 2015 the county's average climbed over .This compares to the state's overall average of .98 a gallon and the national average of .82 a gallon.MAP: To find the best price on gasoline around San Diego CountySan Diego's average gallon of regular gas cost .02 a gallon Saturday, up from .99 on Friday and .77 a week ago. At this time last year, San Diego County was paying .57 a gallon on average.A series of refinery issues have made high demand even more costly for drivers.A fire shut down the Wilmington Phillips 66 refinery on March 15. Then, the Valero refinery in the Bay Area shut down due to a scrubber malfunction days later. Two plants in Southern California experienced outages in El Segundo and Wilmington. PBF Energy in Torrance had routine maintenance, which decreased production.RELATED: Flying cars wouldn't just save time — they could help the environment, study saysOut of state refineries could help California out with production, but supplies take time to ship.To make matters worse, the Energy Information Administration says 2019 could show the highest gasoline demand on record as early as this summer, considering early demand numbers for April, AAA reports. The EIA added that shrinking supplies and high demand could push prices at the pump higher.The county's highest average on record was achieved in October 2012, when the average price for a gallon of regular gas was .72. 1693

SAN DIEGO (KGTV) - Swings and slides sit still across San Diego County, with caution tape wrapped around jungle gyms. Signs warning of coronavirus exposure tell hopeful parents and children the playgrounds they love are still closed.And no one seems to know when that will change."Kids do get infected with COVID, just like adults do," says Dr. Mark Sawyer, a Pediatric Infectious Disease Physician at Rady Children's Hospital."This is why we're worried about kids gathering because they potentially could get infected there and bring the infection home to more high-risk individuals who live in their house."Playgrounds have been closed since the start of the pandemic in March.ABC 10News reached out to San Diego County Officials to see if they have any guidelines in place. A spokesperson referred us to the State Reopening Guidelines.In hundreds of pages of reopening guidelines and plans, the word "playground" only comes up a handful of times. One is in the Industry Guidance for Campgrounds, RV Parks, and Outdoor Recreation. It advises campgrounds that "Playgrounds should also remain closed."Another time is in the State's new Blueprint Activity and Business Tiers for reopening. It specifies that Family Entertainment Centers can reopen Indoor Playgrounds at 50% capacity once their county reaches the Yellow or least restrictive tier.Parents and some lawmakers are growing frustrated at the lack of clarity for City and County-owned playgrounds at parks.On Tuesday, a group of two dozen state lawmakers sent a letter to Governor Gavin Newsom asking him to create clear guidelines for reopening. San Diego Mayor Kevin Faulconer tweeted his support for the letter.Doctors, however, urge caution."Playgrounds are gold mines for transmissions for other diseases," says Dr. Christian Ramers, an Infectious Disease Specialist at Family Health Centers of San Diego."Kids get runny noses. There's a lot of touching there. Kids are touching everything with their hands. So I think there's uncertainty."Still, studies show kids need outdoor physical activity. A recent report from the American Academy of Pediatrics reinforced guidelines that say kids 3-5 years old should get 3 hours of physical activity every day. Kids 6-17 need at least one hour."I really think kids should be able to play," says Dr. Jaime Friedman, a Pediatrician with Children's Primary Care Medical Group. She says small groups should be able to use playgrounds as long as they wipe down equipment and maintain social distancing."But, I think it would be hard to mandate that everybody has to do it in that way or make a schedule of who can be on the playground..."The important thing is that they need to make sure they're washing their hands, not touching their face, and if other kids show up, or other families show up, then you probably want to get out of there," Dr. Friedman says.There's also a mental health aspect to the debate, as studies show outdoor play helps kids avoid anxiety, depression, and negative feelings.Rady Child Psychologist Brent Crandal says it's up to parents to get creative with play and find other outdoor options."We can take advantage of all the spaces near playgrounds that seem to be open to the public," Dr. Crandal says. "There are hiking trails. There are beaches. There are a lot of outdoor areas to take advantage of."Many parents have decided to break the rules and let their kids use playgrounds anyway. Some playgrounds have added padlocks on swingsets and slides to enforce the rules.In the meantime, City and County leaders say they can't do anything until the state releases specific guidelines for playgrounds.Doctors say the best way to get playgrounds open again is to work towards eliminating the virus."The only way to control this is community-wide effort to follow the guidelines which are basically wearing a mask and staying away from other people," says Dr. Sawyer from Rady Children's Hospital. "If we do that, we're going to win this battle." 3984

SAN DIEGO (KGTV) — The fire on the USS Bonhomme Richard has impacted every sailor who works on the ship, but also those who live on the ship. To help, groups have stepped up to accept donations to give to the people who have been displaced. The Navy Life Naval Base San Diego Facebook page posted a warning to watch out for fake GoFundMe or charity request pages, and said the government is not allowed to accept donated funds to fix or replace the ship.Related: Crews battle USS Bonhomme Richard fire for fourth dayThe post highlighted three official groups to donate to who are safe and reliable: Navy-Marine Corps Relief Society, which is accepting online payments and mailed in checks to be donated to sailors,Support the Enlisted Project, which is accepting all types of donations, andUSO San Diego, which is also accepting all types of donations.Gillian Gonzalez, with the Navy-Marine Corps Relief Society, said more than 80 sailors lost all of their belongings in the fire. Her group immediately bought gift cards for sailors displaced and they’re working on replacing uniforms as well. She advises that people who make donations to their group specify that their donation should go to the USS Bonhomme Richard sailors directly.The USO office is taking every type of donation, from hygienic items to clothes. Executive Director Ashley Camac said they’ve taken loads of items to the ship every day since the fire started.“It might have been where they lived. It certainly is where they worked. So when you bring product to them and you bring toiletries to them and you bring essential needed items, there’s a smile that happens, there’s a sense of relief,” said Camac. 1682

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