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SAN DIEGO (KGTV) -- An attorney for a man charged with killing a South Bay music producer told a jury that her client took steps to dispose of the 28-year-old’s body out of fear of being accused of the murder, but did not actually carry out the brutal stabbing himself.Both the defense and the prosecution gave closing statements Monday in the high-profile murder trial of 54-year-old Timothy John Cook. Cook is charged with killing his Chula Vista housemate, Omar Medina, whose body was found in a 55-gallon drum floating in San Diego Bay in 2017.RELATED: Family of man found in barrel works to find closure, thanks Chula Vista PD for their efforts“Just because someone disposes of somebody, or even if they moved a couple things or tried to clean up a couple things, that does not mean the person killed them,” said deputy public defender Kara Oien. “He was trying to avoid the very predicament that we're in today.”Prosecutors have largely built their case against Cook on evidence of his activities after the murder, saying he launched a “monumental effort” to cover his tracks, clean up blood, and dispose of the body.Deputy District Attorney Cherie Somerville said cell phone evidence and other records show Cook lied about his whereabouts, and surveillance video shows him and co-defendant Derrick Spurgeon hauling the 55-gallon drum to San Diego Bay.RELATED: Man whose body was found in a barrel had been stabbed 66 times; suspect pleads not guiltySpurgeon is charged with being an accessory for allegedly driving the boat used to dump the victim's body. Cook alone is charged with carrying out the stabbing.“Hatred, disrespect, and ultimately cold hard cash” motivated the killing, Somerville said.Prosecutors say Cook was after an ,000 settlement Medina had been awarded and was tired of his sloppy household behavior.The defense is expected to finish closing arguments Tuesday, at which point the jury will begin deliberations. 1949

SAN DIEGO (KGTV) - An Ocean Beach man says he was home when two burglars in a white Mercedes-Benz were raiding his garage and stealing his vehicle.      Along Lotus Street last week around 1:30 in the afternoon, Evan Montoya was in his upstairs bedroom and never heard a thing.  But when he later went down to the garage, he noticed some things were out of place and his car keys were gone.  Outside, the car belonging to Montoya - an Uber and Lyft driver - was nowhere to be found."My heart sank into the pit of my stomach.  That's my livelihood.  They took my entire world when they took my car," said Montoya.But that was hardly the entire loss.  Montoya believes the intruders slipped under the garage door - left open because the garage gets hot - before grabbing anything electric."Basically they went on a shopping spree through our garage and took whatever they wanted," said Montoya.  After the break-in, a neighbor handed him surveillance video showing a white Mercedes sedan stopping in the alley in front of the garage.  In the video, a man and a woman are seen going back and forth to their garage, before they finally drive off."Makes you feel unsafe in your home, which is the one place you're supposed to feel safe," said Montoya.Montoya's car was found abandoned a few days later.  Meanwhile, the video has been shared by neighbors across social media.  Some seven other neighbors have reported similar, recent break-ins. "People going through alleys stealing from houses," said Montoya.If you have any information on the cases, call Crimestoppers at 888-580-8477. 1659

SAN DIEGO (KGTV) -- A tortoise no longer on the loose is still waiting for its rightful owner in East County.The tortoise, believed to be an older male, was found Thursday by Heartland Paramedics.It was roaming the streets of El Cajon and is now staying at the El Cajon Animal Shelter.Workers there say this is not a situation they often face.“Not in the City of El Cajon," said Shelter Manager Jill Jones. "Perhaps in outer-lying counties, they have a little more tortoise traffic, but we generally do not."A family who saw the original 10News story believed the tortoise was their beloved pet Frankie who went missing a week ago. However, upon arrival at the shelter, they quickly realized this tortoise was much larger.If you believe the tortoise is yours, you can go to the shelter during regular business hours. If possible, bring photos and any other identifying information. 889

SAN DIEGO (KGTV) -- A San Diego Marine is setting out to accomplish something few have, climbing the continent's highest peaks and running a marathon on each one.Major Patrick Holcomb is calling it the 7&7 Challenge.“It’s not really official because up until this point only two people have done it," said Holcomb, who's been in the Marine Corps for 18 years.Holcomb will rely on his rigorous training and gear as he completes the mission.He's already run five marathons on five continents and has climbed three peaks.“Every country you go to you get to experience people and culture, there are a lot of differences around the world," said Holcomb. "What’s been shocking for me is realizing, how much at the end of the day, people are all the same."He plans to use his personal mission for good, teaming up with a nonprofit that helps veterans suffering from PTSD or traumatic brain injuries.Holcomb plans to start fundraising during the final leg of the challenge, Mount Everest in 2022.He's currently based at Marine Corps Air Station Miramar. 1057

SAN DIEGO (KGTV) - An East San Diego County military wife whose husband is accused of poisoning her with thallium is facing intensive rehabilitation, according to a GoFundMe account in her name.Race Uto, 27, was arrested in March on suspicion of giving his wife Brigida the heavy metal, which is found in rat poison and ant killers.A search warrant obtained by 10News indicated Brigida Uto had been sick since September 2017 and did not know the cause. She suffered weakness and hair loss, and was eventually near death, according to the warrant.RELATED: East San Diego County man suspected of poisoning his wifeDoctors determined Brigida ingested the Thallium, which was found in ‘extreme levels’ in her system when she was admitted to the hospital.The FBI, NCIS and San Diego County HazMat determined Brigida had been poisoned by someone with access to her food and drinks.Investigators searched the couple’s home in Dulzura and confiscated laptops, a coffee blender, four cups and other electronics.The warrant also shows that Race had an affair while he was deployed in the Navy and that the couple had gone through counseling.RELATED: Warrant reveals troubled marriage in poisoning caseRace told detectives he has no idea how his wife came into contact with the poison. She also said she had no idea who would want to hurt her.Brigida suffered significant nerve damage and doctors are unsure if she will regain feeling in her legs. Her organs have suffered tremendous damage, friends report.She is a special education teacher in the Mountain Empire School District and the mother of a young boy, according to the GoFundMe page. She met her husband at her high school prom when she was 18 and the couple married at 25. 1730

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