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SAN DIEGO (KGTV)- San Diego County barely avoided falling back into the purple tier of the state’s reopening system, staying in the red for now.The color-coded tier system has been difficult for many business owners to deal with as they wonder if they will face more restrictions in the coming weeks.“We are working with the state to share our concerns and thoughts about the metrics they are using to put our county in the different tiers,” said Greg Cox, San Diego County Supervisor. "The reality is we remain at risk of being moved to the more restrictive tier in the future if we don’t do those things that we know we need to do.”Dr. Wilma Wooten, the county’s public health officer, said she and other health officers across the state have been pushing for the state to improve its metrics system to go beyond case rate and positivity rate.She would like to see three things happen.“If counties are maintaining hospitalizations and hospital capacities to somehow get credit for that, and also get credit for contact tracing,” she said.Wooten said the county should also get credit for providing access to COVID-19 testing in vulnerable communities hit the hardest.“San Diego has done an excellent job to date of getting access to testing in those communities that are hit the hardest,” she said.On Tuesday, the County Board of Supervisors passed a motion in a 4 to 1 vote to send a letter to the state backing Wooten’s effort in revising the reopening criteria.Wooten is urging members of the public to continue wearing a facial covering, washing hands, avoiding large gatherings, and staying home when sick, especially as flu season is on the way.“We do not have a vaccine for COVID-19, but we have a vaccine for the flu,” she said. “Getting the flu vaccine is the most important step in preventing the flu.” 1822

SAN DIEGO, Calif. (KGTV) - A new California law could let convicted killers out of prison, and San Diego County's district attorney said her office will fight it on a case-by-case basis.Senate Bill 1437 passed the state Legislature last year and went into effect on January 1. It narrows the definition of murder so that only people who are involved in a killing can be charged with that crime.Before the law, accomplices in a killing could also have been charged with murder."It may let murderers go free, because of how far it goes," said San Diego County District Attorney Summer Stephan.Stephan said her office will challenge some re-sentencing hearings based on the new law, although she said they don't know how many there will be.One possible case involves Kurese Bell, who He as convicted of murder in 2016 for his role in the robbery of a North Park marijuana dispensary.During the robbery, Bell and another man, Marlon Thomas, got into a shootout with a security guard at the dispensary. The guard shot and killed Thomas.The DA's office argued that Bell should face murder charges because his actions in the robbery led to the shootout and, ultimately, Thomas' death.Bell is currently serving a 65-year-to-life sentence.Stephan said criminals need to be held accountable for the crimes they commit and cause."It's really important that each offender is held culpable at the right level," she said. "That's what justice is about."Supporters of the new law say it is a vital part of California's efforts at criminal justice reform. They say the old law unfairly targeted young minorities.On its website, the group Restore California says the new law makes sentencing in California more "equitable." They also say it gives accomplices an incentive to cooperate with investigators."In a co-defendant felony murder case, co-defendants who were not the actual killers, who did not aid and abet the killing, or who did not act with reckless indifference to human life will now have an incentive to talk and tell the truth about what happened," the website reads. 2073

SAN DIEGO, Calif. (KGTV) - A fraternity at San Diego State has been placed under interim suspension after a freshman membered was injured.The mother of the student told 10News he suffered a concussion, as well as a fractured wrist, sprained ankle, and bruises on his back.It’s unclear exactly when or how the injuries occurred, but the student’s mom said he had been at an event at the Kappa Alpha fraternity house on Wednesday, October 17. She claims he “blacked out” from drinking too much alcohol.He made it back to his dorm, not receiving any medical care until hours later when a nurse administering meningitis shots noticed his injuries.San Diego State issued a statement to 10News, writing: 710

SAN DIEGO, Calif. (KGTV) - With election results ready to come out, Downtown San Diego businesses are bracing for protests. Many business owners in the area say the memories of damage when peaceful protests escalated at the end of May are still fresh, so they boarded up windows as a precautionary step, hoping it turns out to not be needed.Related: Looters smash windows, rob stores in downtown San DiegoAldo Broussard owns Carter’s Diamonds, a jewelry store in a jewelry exchange building that houses dozens of jewelry shops and professionals. He said they boarded up the windows at their business in May and during that time saw damage to surrounding buildings, so they boarded up windows again ahead of the election. He said they took that step to protect the small-business owners inside the facility.“There’s a lot of jewelers in here who have basically all their life savings, all their work, all their tools and without it they can’t make a living so it’s more for protection for everybody in the building,” said Broussard.Broussard added that he doesn’t expect protests to cause damage, but would rather be safe than sorry.“I think overall people are good so I think it’s going to be okay. There might be a few who take advantage of the situation but I think overall it’s going to be fine,” he said.Nearby, Sushi 2 restaurant is another small business bracing for protests or unrest this week. Kuniko Holmes is the owner and said she boarded up her windows in June after receiving some damage during downtown protests. She ended up leaving the boards up through the summer because of uncertainty of the future and also because she knew November could be a stressful month when she would have to board up again.“I wanted to make sure so I don’t have to put it up and down and up and down because it’s work for people and also it costs. As a small business like we are, even putting the board up made it expensive,” she said.Indoor dining was also not allowed during that time, so she ultimately decided that if the boards would be staying up through most of the year, she would make them visually appealing.“We decided to ask local artists to put some great art as you see and it changes the dynamic of how it looks and it just looks so inviting,” she said, referencing the peace signs and hearts painted on the boards.Other downtown businesses that boarded up windows ahead of the election include Ralphs, CVS, 7-eleven and the Church of Scientology.San Diego County law enforcement agencies said they are not aware of any planned protests or possible unrest, but have extra staffing just in case. 2614

SAN DIEGO (KGTV) - For the first time, homes that are built out of shipping containers are coming to San Diego. In a 10News exclusive report, the developers spoke to reporter Jennifer Kastner about how this could be a housing solution for thousands of San Diegans who are struggling to make it in San Diego. 320

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