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SAN DIEGO (CNS) - A drunken driver who went the wrong way and crashed head-on into another car in 4S Ranch, killing the other driver, was convicted Wednesday of gross vehicular manslaughter while intoxicated and DUI causing injury.Jurors deadlocked on a second-degree murder count against Alexandria Bayne, but will return Thursday to resume deliberations in hopes of reaching a consensus. The 37-year-old defendant was charged with murder due to two previous DUI convictions from 2005 and 2008.The panel deliberated two days before returning the vehicular manslaughter and DUI verdicts, and acquitted Bayne of four child endangerment counts involving allegations that she drove drunk earlier in the day while her children were riding in her minivan.RELATED: Fatal 4S Ranch DUI suspect breaks down in tears when husband testifies in hearingOn Thursday, the jury will hear a read-back of closing arguments and receive clarifications on the legal definitions of certain terms such as "intentionally" and "deliberately," which were cited as a source of contention in jury notes submitted to San Diego County Superior Court Judge Robert F. O'Neill.Sarita Shakya, a 38-year-old Scripps Mercy Hospital nurse, was heading home from work the afternoon of Dec. 17, 2016, on Camino Del Norte when her car was struck head-on by the defendant's vehicle.Deputy District Attorney Cally Bright told jurors in her opening statement that Bayne had been drinking alcoholic beverages throughout the day, starting that morning. The defendant and her attorney conceded she'd been drinking but was not drunk when she was behind the wheel. Though she testified that she had eight drinks throughout that day, she told the jury she simply made a mistake when she turned into opposing traffic lanes on Camino Del Norte.RELATED: Tears at preliminary hearing in suspected DUI fatal crashBayne's attorney, Michelle Hunsaker, contended that Bayne made that mistake because she was distracted by family issues, as well as her cell phone.Prosecutors said her blood alcohol content was measured at between .32 and .33% -- the legal limit is .08% -- after the crash.Hunsaker disputed that testing result, saying Bayne's alcohol consumption "just doesn't line up" with the .33% BAC alleged by the prosecution. She also said Bayne had encountered several people throughout the day and did not appear intoxicated.RELATED: Woman killed by suspected drunk driver in 4S Ranch identified"We are not discounting the magnitude of the loss of Ms. Shakya and take full responsibility for that collision. But distraction does not equal murder," Hunsaker said.Shakya's husband, Peter Chen, testified that his wife typically returned home sometime after midnight each night following her shift at the hospital. When she didn't show up, he called her supervisor, who didn't know why Shakya might be late.Hours later, he received the bad news."I couldn't believe what had happened," Chen said, calling it "the worst day of my life." 2990

SAN DIEGO — Democratic Congressman Mike Levin appears poised to keep his seat in the House of Representatives, according a scientific poll released Tuesday.The ABC-10News Union-Tribune poll showed Levin ahead of Republican Brian Maryott 49 to 37 in the 49th Congressional District, which stretches from Del Mar into southern Orange County. Levin, a first-term Congressman, defeated Republican Diane Harkey in 2018, flipping the seat longheld by Republican Darrell Issa, who decided not to seek re-election amid changing voter demographics. "We're going to do everything we can to leave no stone unturned for the next 50 days or so to make sure that we keep the 49th this coming November," Levin said. Democrats now outnumber Republicans in the district by about 3 percent. The SurveyUSA poll shows, however, that 13 percent of Republicans surveyed said they planned to vote for Levin. Meanwhile, just 2 percent of Democrats said they'd support Maryott. "If it was 25 percent or higher I would say something's going on," said political analyst John Dadian. "(Levin's) been an incumbent for two years, his challenger is an elected official but not in a good majority of the region."Maryott said it was still early in the race and that he and his campaign are working to get their message out. "People are just really starting to tune in now. Obviously Mike has name recognition that we don't, but we're out there talking to people everyday," said Maryott. Maryott said he would continue to push a message that Levin is to the extreme left of the Democratic Party. Levin said he expects attacks like that this campaign season but stands by his record. The SurveyUSA poll was conducted between Sept. 11 and Sept. 14, of 517 likely voters, with a margin of error of 5.8 percent. 1782

SALT LAKE CITY (AP) — A tech worker was charged Wednesday with murder and kidnapping in the death of a Utah college student whose body was found in a wooded area with her arms bound behind her.Prosecutors said Ayoola A. Ajayi, 31, was the last person Mackenzie Lueck communicated with before she disappeared on June 17.She died of blunt force trauma to the head, and her body was found with her arms bound with zip ties and ropes, District Attorney Sim Gill said while announcing the charges.He declined to discuss a motive or the nature of the connection between Lueck and Ajayi. He also didn't say what kind of weapon was used.Gill became emotional as he described the Lueck family's reaction to the charges. "They asked me to express on their behalf the generosity of so many strangers and friends," he said. "They are genuinely appreciative and moved by the outpouring of love and compassion."Lueck disappeared shortly after she returned from a trip to her California hometown for the funeral of her grandmother and took a Lyft from the airport to a park.She exchanged text messages with Ajayi and met him there, apparently willingly, but her phone was turned off a minute after the last text "and never powered back on," Gill said.Police later found the charred phone in the backyard of Ajayi's home in Salt Lake City, along with a bone, muscle tissue and part of Lueck's scalp, Gill said.A neighbor reported a fire and a "horrible smell" coming from the yard on the day Lueck disappeared, Gill said.Her body was later discovered in a shallow grave in Logan Canyon, 85 miles (138 kilometers) from Salt Lake City. The site is near Utah State University, where Ajayi had attended classes.Gill said phone data puts him at the canyon a week after Lueck disappeared. Police obtained a search warrant for his home the next day.Ajayi was arrested June 28 during the wide-ranging search for the 23-year-old University of Utah student that lasted nearly two weeks. Prosecutors did not strike a deal with Ajayi to find her, Gill said.Ajayi was charged with one count each of aggravated murder, aggravated kidnapping, obstruction of justice and desecration of a human body. A court appearance was set for Monday.Ajayi is represented by the public defender's office, which has refused to comment on the case.The charges make Ajayi eligible for the death penalty, but Gill did not say whether prosecutors would pursue it.Lueck has been remembered as a bubbly, nurturing person. She was a member of a sorority and a part-time senior at the university studying kinesiology and pre-nursing.Ajayi is an information technology worker who had stints with high-profile companies and was briefly in the Army National Guard.He has no formal criminal history but was investigated in a 2014 rape allegation and was arrested in a stolen iPad case at Utah State University in 2012. The arrest and the expiration of his student visa led to him being banned from the campus for about three years.A native of Nigeria, Ajayi holds a green card that allows him to legally work and live in the U.S., Gill said. 3091

SAN DIEGO (CNS) - A 41-year-old documented gang member was convicted Wednesday of murder and attempted murder in the shooting death of a career Navy man and the wounding of his cousin outside a comedy club at Horton Plaza.Jurors deliberated for nearly two days before finding Arrow Morris guilty of the two felony charges, in addition to sentence-enhancing allegations of using a firearm and three counts of being a felon in possession of a firearm, in connection with three guns investigators found during a search of his girlfriend's home.Morris, who is scheduled to be sentenced May 20, faces more than 80 years to life in prison for the killing of 43-year-old James Celani, who was struck in the head, neck and chest. His cousin was grazed in the leg.Deputy District Attorney Amy Maund said that on the night of June 10, 2017, following a violent confrontation with his girlfriend, Morris and his brother walked away from the club and encountered Celani and his cousin, who were walking past them in the opposite direction.Maund told jurors that either Celani or his cousin said "What's up?" to the Morris brothers as they walked past, to which Morris replied "Don't (expletive) talk to me," then began firing.The prosecutor said Morris, still in a rage over the confrontation with his girlfriend, took his anger out on Celani and his cousin, some of the first people he came across after leaving the club.The shooting happened to "a truly innocent, vulnerable victim," Maund said, "and it could have been anyone."Maund said several witnesses pointed to the shooter as a man wearing a red shirt, red hat and white jacket, which Morris can be seen wearing in surveillance footage from Horton Plaza and a 7-Eleven convenience store.Defense attorney Steward Dadmun contended that witnesses mistook his client for his brother, who, according to Dadmun, was the actual shooter. The whereabouts of Morris' brother was unclear."None of these witnesses passes the reasonable doubt test, not a single one of them," Dadmun told the jury.According to Dadmun, Morris had "no idea" his sibling was going to begin shooting, while Maund maintained that the altercation with his girlfriend left Morris enraged and prone to violence."The defendant was angry, the defendant had a gun and he wasn't backing down," the prosecutor said.Morris was arrested two days after the shooting during a traffic stop in Serra Mesa. 2411

SAN DIEGO (CNS) - A 19-year-old man was behind bars Friday on suspicion of fatally shooting an acquaintance at a San Ysidro motel.Customs officers who recognized Jonathan Orduno of Chula Vista from a be-on-the-lookout bulletin took him into custody at the San Ysidro Point of Entry on Thursday night in connection with the death last week of 22-year-old Adrian Torres-Garcia, according to San Diego police.A housekeeper found Torres-Garcia dead in a rented room at a motel in the 100 block of Calle Primera shortly before noon March 18, homicide Lt. Matt Dobbs said. The victim, a South Bay native with no known permanent address, died of at least one gunshot to his upper body.RELATED: San Diego police investigate death of man at San Ysidro motelDobbs declined to disclose a suspected motive for the shooting or release details on what led investigators to identify Orduno as the alleged killer. The lieutenant also would not say if the suspect was trying to leave the country or was re-entering the United States at the time of his arrest.Police have not recovered the gun that killed Torres-Garcia, Dobbs said.Orduno was booked into San Diego Central Jail on suspicion of first- degree murder. He was being held without bail pending arraignment, tentatively scheduled for April 6. 1292

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