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SAN DIEGO (CNS) - A man who beat his estranged wife to death with a commemorative baseball bat as she delivered food to him at his City Heights apartment was sentenced Friday to 16 years to life in state prison.Dana Marion Davis, 56, pleaded guilty at an earlier hearing to second- degree murder in the death of April Davis, his spouse of more than 30 years and the mother of his six children.The defendant beat the 51-year-old victim with a wooden bat on the afternoon of Oct. 7, 2017, then prevented a family member and police from entering the apartment, said Deputy District Attorney Stephen Marquardt. When officers finally gained entry, she was found dead on the floor.Davis told Judge Michael Smyth that he was remorseful for killing the mother of his children."She didn't deserve this," the defendant said before he was sentenced.To his children -- three of whom were present in court -- Davis said, "I am deeply sorry for the pain I have caused you."A psychologist determined the defendant suffered childhood development trauma that affected his relationship with his wife, Deputy Public Defender Amy Hoffman told the judge.When talking to police after the murder, Davis was "clearly in shock" as to what happened, Hoffman told the judge. The attorney said alcohol was involved in the fatal encounter.According to Marquardt, the defendant was on probation for domestic violence when he killed his wife. The two had been living apart.The prosecutor said the defendant had been violent with the victim in the past, having been convicted of misdemeanor domestic violence in 1994 and 2016.When the defendant was convicted of punching his wife in the head in 2016, he was also prosecuted for choking his teenage daughter, Marquardt said. 1749

SAN DIEGO (CNS) - According to state data released Tuesday, San Diego County will remain in the second, or red, tier of the state's four-tier COVID- 19 reopening plan for at least another week.The county's state-calculated, adjusted case rate is 6.5 new daily infections per 100,000 people, down from last week's 6.7. The unadjusted case rate is down to 7 from last week's 7.2. Because San Diego County testing levels were above the state median testing volume, the county's adjustment level was decreased.On the last two Tuesdays, the county narrowly avoided being pushed back into purple tier, the most strict in the state's reopening plan. The state- set threshold of case rate to avoid the purple tier is below 7 per 100,000.To move into the less-restrictive orange tier, a county must have a rate below 3.9 per 100,000 people.County public health officials reported 161 new COVID-19 infections and three deaths on Tuesday, raising the region's totals to 48,821 cases and 806 deaths.Two men and one woman died between Oct. 2 and Oct. 4, and their ages ranged from mid-50s to early 80s. All had underlying medical conditions.Of the 8,788 tests reported Tuesday, 2% returned positive, bringing the 14-day rolling average percentage of positive cases to 2.9%. The seven-day daily average of tests was 9,277.Of the total number of cases in the county, 3,602 -- or 7.4% -- have required hospitalization and 833 -- or 1.7% of all cases -- had to be admitted to an intensive care unit.None of the 224 cases reported Monday were connected to San Diego State University, but two previously reported confirmed cases are now associated with the school outbreak, bringing the total number of SDSU cases to 1,136, according to public health officials.Those two cases were previously reported to the San Diego County Health and Human Services Agency, but only recently identified -- through continued cross-referencing between SDSU and the HHSA -- as having an SDSU affiliation.A total of 407 on-campus students, 707 off-campus students, 9 faculty or staff and 13 visitors have either confirmed or probable positive COVID-19 diagnoses. Officials said 53 of the total are considered "probable."SDSU announced last Wednesday that it was extending a pause on in-person courses through Oct. 12. Effective that day, a limited number of courses will resume in person. Most of those courses are upper-division or graduate level, and have been "determined by faculty and academic leaders to be essential to student degree completion, licensure, and career preparation," university officials said in a statement.About 2,100 students will be enrolled in an in-person course. Prior to the in-person pause, 6,200 students were enrolled in an in-person course.In the seven-day period from Sept. 28 through Sunday, 20 community outbreaks were confirmed, well above the trigger of seven or more in seven days. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.A COVID-19 testing site opened this week in Chula Vista, offering 200 daily tests, five days per week.The drive-up site will provide free, no-appointment diagnostic tests from 12:30 p.m. to 8 p.m. Sunday through Thursday at the South Chula Vista Library, located at 389 Orange Avenue. The COVID-19 tests take about 5-10 minutes and the results come back in about three days.The county has expanded its total testing sites to 41 locations, and school staff, including teachers, cafeteria workers, janitors and bus drivers, can be tested for free at any one of those sites. A rotating testing program with the California Department of Forestry and Fire Protection was in the works for schools in the county's rural areas.There are no state testing requirements for children, but all school staff who interact with children must be tested every two months. If schools were to open before San Diego County headed to a more restrictive tier in the state's monitoring system, they would not be affected. However, if a move to a different tier happened before schools opened for in-person learning, it would change the game plan, county Supervisor Nathan Fletcher said.If parents want to test their children for the illness, they have options, including Rady Children's Hospital, through Kaiser Permanente or through the 41 sites the county manages. Children as young as 6 months can be tested at the county-run sites. 4449

SAN DIEGO (CNS) - A man who was previously acquitted of a 12-year-old Escondido girl's murder was released from county jail this week, months after he was charged with being a felon at a county jail.Richard Raymond Tuite, 51, was released Thursday after a judge set his bail at SAN DIEGO (CNS) - Live Nation and the city of El Cajon Tuesday announced a Sept. 13 opening date for the recently renovated East County Performing Arts Center, which has been renamed The Magnolia.The 1,200-seat theater will open with "Countess Luann and Friends,'' a cabaret show starring Luann de Lesseps of "Real Housewives of New York City'' fame.Live Nation, which will operate, book and market The Magnolia, also confirmed future performances by Pat Benatar, Dream Theater, Patti Labelle and Art Garfunkel, among others, with dates booked through March 2020."This is a special moment for not only El Cajon but the entire San Diego region,'' said El Cajon City Manager Graham Mitchell. "The completely renovated Magnolia represents another jewel in the continued growth of the entire region.''The city of El Cajon shuttered the performing arts center in 2009 amid the recession in an effort to cut budget expenditures. Since then, Live Nation has renovated the theater's interior, adding a VIP lounge, new bars and added legroom between rows."The Magnolia will offer an amazing elevated entertainment opportunity for both artists and music fans,'' said Ben Weeden, chief operating officer of Live Nation's clubs and theaters division. "In addition to a spectacular outdoor Plaza Bazaar featuring unique pre-and post-show dining, the theater will offer new state-of-the-art sound, lighting and projection systems. We're thrilled to join the El Cajon team.''To buy tickets for upcoming shows and see the full lineup, go to magnoliasandiego.com. 1554 for a single felony count of being an ex-con on prison grounds or adjacent lands, one of several offenses now being set at SAN DIEGO (CNS) -- A San Diego man who allegedly had Molotov cocktails in his possession at last month's La Mesa police brutality protest is facing federal charges, the U.S. Attorney's Office announced Tuesday.Zachary Alexander Karas, 28, is charged with possession of an unregistered destructive device for allegedly having two glass bottles containing gasoline and wicks while at the protest, which began May 30 and carried over into the morning of May 31.According to the charging document, officers spotted Karas and his girlfriend sitting on the pavement at the corner of Allison Avenue and Spring Street at around 2 a.m. May 31.Karas was arrested for not leaving the area after dispersal orders were given by law enforcement, following the declaration of an unlawful assembly, according to the complaint.In an interview with law enforcement, Karas allegedly said "he brought the Molotov cocktails to the protest at the police station because he intended to use the Molotov cocktails to set fires, but ultimately did not cause any fires."Fires were set at the Chase and Union Bank branches and Randall Lamb Associates building near the site of the protest, but the complaint does not allege Karas set any of the fires sparked following the protest."The Constitution strongly protects the First Amendment right of all to speak out and peacefully protest," said U.S. Attorney Robert Brewer. "My office is committed to protecting that First Amendment right."Violence, however, by a relatively small number of opportunists who sought to wreak havoc, destroy property, and threaten the safety of peaceful protesters will not be tolerated." 1647 bail in an effort to reduce jail populations since the COVID-19 pandemic began.He was charged in January for allegedly being at a corrections facility while having prior convictions that include burglary, bribery and escape from a jail. Details on why Tuite was at the jail remain unclear.RELATED: Investigation: Who killed Stephanie Crowe?Tuite had been in custody since January following the arrest, and his criminal case was recently reinstated after he was previously found mentally incompetent to stand trial. He's due back in court Sept. 24 for a preliminary hearing.Tuite was previously convicted of voluntary manslaughter and sentenced to 13 years in state prison in the well-publicized case regarding the stabbing death of seventh-grader Stephanie Crowe, but his conviction was later overturned and he was acquitted in a 2013 retrial.Crowe's body was found sprawled in the doorway of her bedroom by her grandmother early on the morning of Jan. 21, 1998. She had been stabbed nine times.Her older brother, Michael, and two of his friends, Aaron Houser and Joshua Treadway, initially were accused of committing the murder, and police extracted confessions from two of them during lengthy interrogations.The admissions were later ruled to have been coerced, and the charges against the boys were dismissed. During Tuite's retrial, the now-adult former suspects testified that they had no involvement in Stephanie's death.Tuite had been in the area of the Crowe residence the night the girl was killed. He was agitated and looking for a woman named Tracy, according to prosecutors, who contended that the disheveled and seemingly confused transient wandered into the Crowe home and attacked the girl.Investigators, however, found no physical evidence directly linking him to the crime scene.Analysts later found the victim's blood on two shirts that Tuite had been wearing on the day of the murder. Jurors who voted to acquit Tuite said they believed a defense theory of "contamination," in which blood from the crime scene somehow wound up transferred onto Tuite's clothing.More than two decades after the murder, two families reacted Friday after Tuite was released in the current case."I'm absolutely pleased. He is not a danger to anyone and doesn't belong in jail," said Tuite's sister, Kerry Licon."Richard Tuite, free, walking the streets after murdering my child, is our family's daily struggle to cope with. The absence of integrity, common sense - mixed in with qualified immunity - isn't just worrisome for us. It is a threat to everyone's safety!" said Stephanie's mother, Cheryl Crowe. 3019

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