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SAN DIEGO (CNS) - Despite an adjusted daily COVID-19 case rate of 7 per 100,000 population, San Diego County was again able to avoid being pushed into the most restrictive purple tier of California's four-tier reopening system.High rates of testing helped the county stay in the red tier, county officials said. The positive adjustment is given by the state to counties that are testing at higher levels than the state's median. That adjustment prevented the county from landing in the purple tier, which would have placed indoor activities at restaurants, movie theaters, gyms and a number of other locations in jeopardy."Remaining in the red tier is good news, but the new adjusted rate is not. The new figure clearly shows the region is not moving in the right direction," said Dr. Wilma Wooten, San Diego County public health officer. "It is extremely important San Diegans follow the local health guidance to slow the spread of COVID-19 and keep the region from falling into the purple tier."The county's unadjusted case rate for the week of Oct. 4-10 rose from 7.2 to 7.8 cases per 100,000 residents. It was adjusted down to 7 per 100,000. The data are reported on a one-week delay.While the testing positivity percentage for the region also increased from 3% to 3.3%, it still remains low enough for this metric to remain in the orange tier. If a county reports statistics meeting metrics in a higher tier for two consecutive weeks, it will move into that more restrictive tier for a minimum of three weeks.The state's health equity metric, which looks at the testing positivity for areas with the lowest healthy conditions, dropped from 5.7 to 5.5% and remained in the red tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.County public health officials reported 265 new COVID-19 infections and four deaths related to the illness Tuesday, raising the region's total case count to 53,000 and the death toll to 857.Four men died between Oct. 11 and Oct. 18, and their ages ranged from mid-50s to early 80s. All had underlying medical conditions.Of the 9,110 tests reported Tuesday, 3% returned positive, bringing the 14-day rolling average percentage of positive cases to 2.8%, far below the state-set target of less than 8%.Of the total COVID-19 cases in the county, 3,788 or 7.1% have been hospitalized, with 876 -- or 1.7% -- spending at least some time in an intensive care unit.Five new community outbreaks were reported Tuesday, two in businesses, one in a restaurant/bar setting, one in a K-12 school setting and one in a faith-based institution. In the past seven days, 30 community outbreaks were confirmed, well above the trigger of seven or more in a week's time.A community outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.The county uses community outbreaks to get a larger sense of the pandemic locally, but the state does not include the statistic in its weekly report.Wooten said 95% of the county's cases were not related to a marked community outbreak, a clear indicator the illness has spread throughout the county.The Vista Unified School District, meanwhile, fully reopened its schools Tuesday morning, becoming one of the first in the region to do so.The district invited students back to 28 schools, eschewing some of the more cautious measures some other school districts are taking, moving into its Phase 3 reopening plan. The plan, "Vista Classic," allows every school in the district to reopen at full capacity. Parents and guardians will still be able to keep students in "Vista Virtual," the district's distance-learning program, if they so choose."Our health and safety measures were working well, with mask wearing and handwashing particularly strong on all campuses," Vista Superintendent Matt Doyle said after visiting campuses. "We will continue to refine arrival, dismissal, and lunchtime routines for students as they relearn how to interact with their friends in this new social distancing environment."The district said it will attempt to have social distancing as much as possible, but will allow as many as 38 students in a single classroom, so desks will not be spaced six feet apart.A rally Thursday by teachers and parents at Foothill Oaks Elementary School attempted to dissuade the Vista Unified School Board from reopening, with many educators believing the safety measures inadequate.According to KPBS, plexiglass barriers were not provided to teachers. Instead, they were given PVC pipes and plastic liner to create makeshift protection from students returning to in-person learning. 4675

SAN DIEGO (CNS) - A man whose altercation with four off-duty San Diego police officers in the parking lot of a Grantville bar drew attention from local activists alleging excessive force was sentenced Thursday to a three year probation term in connection with cocaine and firearm possession, which includes 90 days in jail and nine months to be served in a work furlough program.Jonathan Felix, 29, pleaded guilty last month to possession of a loaded firearm and cocaine, in connection with the Nov. 7, 2018, altercation outside McGregor's Grill and Ale House just before 2 a.m.The case generated substantial public interest regarding the use of police force rather than for the felony case, in which Felix was accused but never charged with pointing the gun at the officers, prompting them to tackle him to the ground and strike him several times until they were able to seize the pistol, according to prosecutors.RELATED: San Diego man says off-duty SDPD officers assaulted himThe blows rendered Felix unconscious, and left him with a fractured pelvis, fractured hand and cuts and bruising to his head, while one of the officers testified that he broke his hand punching the defendant.In addition to possessing cocaine, Felix was prohibited from possessing a firearm due to theft and drug-related convictions out of Arizona, according to Deputy District Attorney Michael Runyon.Following his 90 days in custody, Felix will continue working during the day at Greystone Prime Steakhouse & Seafood in the Gaslamp Quarter, where he was employed at the time of his arrest. San Diego Superior Court Judge Polly H. Shamoon imposed a suspended four-year prison sentence, meaning Felix could head to prison if he violates the terms of his probation.At a preliminary hearing in February, Officer Anthony Duncan testified that after he and other officers departed McGregor's, they noticed Felix leaving the premises and returning to the parking lot on several separate occasions, both in his Dodge Durango and on a bicycle. He said the officers were concerned that Felix was "casing" vehicles, possibly to break into or steal cars.Felix was exhibiting "odd behavior" and "something didn't feel right (about him)," Duncan said.Officer Jose Rodriguez, who was at the bar with the other men but left before the altercation with Felix, testified that he also felt Felix was looking into vehicles parked in the lot.Despite their concerns, none of the officers called for assistance from on-duty law enforcement until after they restrained Felix, according to Duncan.Duncan said that he approached Felix, at which point the defendant produced a semi-automatic handgun from his waistband and pointed it at him, prompting all four officers to draw firearms on Felix.Surveillance footage from the parking lot of the business captured the physical altercation between the men, but not the purported standoff, which was blocked from view by a parked car. The defendant, who was sitting on his bicycle at the time, backpedaled away from the men, who followed and tackled him to the ground, according to surveillance footage.Felix told investigators after being arrested that he believed the group of men, who he said never identified themselves as law enforcement officers that night, may have been casing his Durango or looking to start trouble.Defense attorney Alicia Freeze argued that her client drew his gun out of concern for his safety, but denied that he ever pointed the weapon at the group. Speaking with reporters outside court following the sentencing hearing, she said she felt the officers used "unlawful force" in subduing Felix.Runyon reiterated outside court that Felix pointed a gun at the officers, "ignored several commands" to drop his gun, and "did not give up the gun immediately" even after being taken to the ground.Along with Duncan, the altercation included fellow San Diego officers Nicholas Dabbaghian, Frank Bigler and Ross Bainbridge. 3956

SAN DIEGO (CNS) - Health officials in San Diego County reported 269 new COVID-19 infections Sunday, bringing the total to 54,583 since mid-February, and two new deaths, bringing the overall fatality total to 870.The two deaths were men reported to have died earlier this month. They ranged in age from late 60s to early 70s, according to the San Diego County Health and Human Services Agency.Of the 10,819 new tests reported, 2% returned positive. The 14-day rolling average percentage of positive cases is 2.7%. The 7-day daily average of tests is 11,127.Two new community outbreaks were confirmed, one in a health-care setting and the other in a restaurant. In the past seven days -- Oct. 18 through Oct. 24 -- 26 community outbreaks were confirmed.A community outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.Of all cases, 3,850 -- or 7.1% -- have required hospitalization. And 889 -- or 1.6% -- of all cases and 23.1% of hospitalized cases had to be admitted to an intensive care unit.Meanwhile, all students at San Diego State University remained under a stay-at-home advisory announced Thursday. The advisory began at 6 p.m. Friday and will run through Nov. 2 at 6 a.m. University officials said the move was made to discourage students from participating in Halloween events where physical distancing cannot be done. Students are advised to stay home unless they had an essential need.The university has had a total of 1,237 COVID-19 cases since the fall semester began, including 419 among students living on-campus, 789 among students living off-campus, 16 among faculty and staff and 13 among "visitors" -- defined as someone who has had exposure with an SDSU-affiliated individual.Chancellor Pradeep Khosla announced Thursday that all employees able to effectively work remotely will continue to do so through March 12, the end of its winter quarter."Empowering employees to continue to work from home whenever possible greatly reduces the population density on campus, which helps protect our students, student-facing employees and other essential staff working on site," said Nancy Resnick, UCSD's chief human resources officer.On Tuesday, despite an unadjusted daily COVID-19 case rate of 7.8 per 100,000 population, the county was again able to avoid being pushed into the purple tier of California's four-level reopening system, which would have placed indoor activities at restaurants, movie theaters, gyms and a number of other locations in jeopardy.The state adjusted the data for the week of Oct. 4-10 down to 7 per 100,000 -- the highest it can be without heading into the purple tier -- due to the county's high rates of testing. The data are reported on a one-week delay.The state reported that the testing positivity percentage for the region increased from 3% to 3.3%, but it still remains low enough for this metric to remain in the orange tier. If a county reports statistics meeting metrics in a higher tier for two consecutive weeks, it will move into that more restrictive tier for a minimum of three weeks.The state's health equity metric, which looks at the testing positivity for areas with the lowest healthy conditions, dropped from 5.7 to 5.5% and remained in the red tier. This metric does not move counties backward to more restrictive tiers, but is required to advance. 3392

SAN DIEGO (CNS) - County environmental health officials issued a water contact closure Friday along the Tijuana Slough National Wildlife Refuge and Border Field State Park due to sewage-contaminated water. The San Diego County Department of Environmental Health issued the closure Friday afternoon following rainfall this week that caused contaminated water in the Tijuana River to flow into U.S. waterways. County officials regularly issue beach closures after rainstorms due to contaminated flows from the river. The closure extends along the shoreline from the U.S.-Mexico border to the southern end of Seacoast Drive. County officials have placed water contact closure signs to alert beachgoers of the water's contamination. The signs will remain in place until water sampling meets state health standards. Residents seeking information on the Tijuana River can contact the San Diego division of the International Boundary and Water Commission at 619- 662-7600. Residents also can find information on beach closures at sdbeachinfo.com or by calling 619-338-2073. 1074

SAN DIEGO (CNS) - A man accused of fatally beating a fellow transient with a mini sledgehammer as the two argued along a Midway District street was ordered Monday to stand trial on a murder charge.Greg Repp Jennings, 53, is accused in the Jan. 8, 2018, slaying of 37- year-old Michael Anthony Dean, who was struck several times in the head with a four-pound hammer.First responders found Dean lying face-up in the street with his face "caved in," according to preliminary hearing testimony. He was pronounced dead at the scene, near 3805 Midway Drive.According to testimony from SDPD Detective Sgt. Christopher Leahy, one witness told investigators that an argument sparked the killing, which began when Jennings was talking loudly at a bus stop. Dean, who was also sitting at the bus stop, asked Jennings to "tone it down," angering the defendant, who told him "it was his First Amendment right and he wasn't going to shut up," Leahy said.Other witnesses also saw the men arguing and then saw Dean fall into the street, at which point Jennings allegedly struck him with the hammer multiple times.Jennings told investigators that he acted in self-defense, according to testimony. He alleged Dean had tied a pair of workboots together by the laces and was going to use the improvised weapon to attack him.Jennings remained at the scene and was arrested by responding officers.The defendant remains in custody without bail. His next court date is an Oct. 8 readiness conference. 1484

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