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SAN DIEGO (CNS) - The family of a 19-year-old San Diego State University student who died after falling from his bunk bed and striking his head following a night of drinking has filed a wrongful death lawsuit against several defendants, including the university, the fraternity he was pledging for, and the manufacturer of the bed he fell from.The lawsuit filed last week in San Diego Superior Court alleges Dylan Hernandez was hazed by members of Phi Gamma Delta just prior to his death, and that fraternity members not only failed to obtain medical attention for him after he became extremely intoxicated, but also attempted to hide evidence of misconduct following his fatal fall.Hernandez fell from his bed on Nov. 7, 2019, and died in a hospital the following day.RELATED: Investigation completed into death of SDSU student who died after fall from bedThe lawsuit alleges he attended a "Big Brother, Little Brother" fraternity event that had pledges "screamed at and demeaned, beaten with paddles and hands, and forced to consume shots of vodka and rum to the point of intoxication."Following his hospitalization, the lawsuit alleges Phi Gamma Delta members instructed others to remove incriminating material from their cell phones and in group chats, members were told to "Keep your mouths shut!" and "Just remember, Silence is Golden!"Representatives with Phi Gamma Delta did not respond to a request for comment.RELATED: Autopsy report of SDSU student who died after fall from bed releasedIts national office permanently suspended its SDSU chapter in August and SDSU expelled the fraternity until 2030.In July, it was announced that no criminal charges would be pursued in connection with Hernandez's death, which was ruled accidental. A joint statement released by the university's police department and the San Diego County District Attorney's Office stated there was "no basis" for manslaughter or hazing charges.Investigators said there were no injuries on Hernandez's body "that appeared consistent with hazing, and no evidence of student group activities likely to cause serious bodily injury or death, which is statutorily required to prove hazing." Other than Hernandez's "devastating head injuries," the only other wound to his body was an abrasion on his thigh, officials said.RELATED: San Diego State suspends 14 fraternities after student is hospitalizedOne month after that statement was released, Rob Caudill, the fraternity's executive director, sent SDSU a letter announcing the chapter's closure, stating the SDSU chapter had been found guilty of violating fraternity bylaws, including hazing, drug use and violations related to alcohol misuse.SDSU representatives said the university could not comment as it had not yet seen the lawsuit, but pointed to steps the university has taken to combat hazing activities on campus in the wake of Hernandez's death. These include the formations of two task forces examining student activities and alcohol/substance abuse. Task force recommendations led to the implementation of a Good Samaritan Policy, in which student organizations are encouraged to report concerns about student health and safety, and a Hazing Prevention Task Force that held its first meeting this fall.Hernandez's family alleges SDSU was aware of prior hazing issues involving Phi Gamma Delta and failed to properly discipline the fraternity for such activities. The family alleges SDSU was aware of prior instances when Phi Gamma Delta pledges were hazed or hospitalized for excessive drinking.The family also alleges the school created an unsafe environment in the Tenochca Residence Hall where Hernandez suffered the fatal fall by furnishing its rooms with bunk beds that didn't meet minimum safety standards.In suing SDSU and the bunk bed manufacturer, Foliot Furniture Pacific, the family alleges the beds featured "safety rails" that were defective, and contributed to 550,000 deaths nationwide over a 16-year period and 10 injuries at SDSU between 2017 and 2019. 4015

SAN DIEGO (CNS) - State data has landed San Diego County in the most restrictive tier of the state's COVID-19 reopening plan, meaning nonessential businesses have two days to prepare for the regression.Dr. Wilma Wooten, the county's public health officer, said the restrictions associated with the purple tier will go into place just after midnight Friday."These are the results of our individual actions and behaviors that assign us to a tier," she said.Many nonessential businesses will be required to move to outdoor-only operations. These include restaurants, family entertainment centers, wineries, places of worship, movie theaters, museums, gyms, zoos, aquariums and cardrooms. Amusement parks, and live audience sporting events are closed. Bars, breweries and distilleries will be able to remain open as long as they are able to operate outside and with food on the same ticket as alcohol.Retail businesses and shopping centers will be able to remain open with 25% of the building's capacity. No food courts will be permitted.Schools will be able to remain open for in-person learning if they are already in session. If a district has not reopened for in-person learning, it must remain remote only. Offices are restricted to remote work only.Remaining open are essential services, personal care services, barbershops, hair salons, outdoor playgrounds and recreational facilities. #SanDiego officially back in state’s most restrictive, purple #COVID tier. The following restrictions will take place this Saturday, at midnight. @10News pic.twitter.com/qu1WIr6rT1— Vanessa Paz (@10NewsPaz) November 10, 2020 San Diego County is far from the only jurisdiction sliding backward. San Diego County Supervisor Nathan Fletcher said Tuesday that 11 counties in California were preparing to move to more restrictive tiers. He said it was likely cases would continue to increase for weeks, even after the purple tier restrictions."Slowing the spread of COVID is like turning an aircraft carrier, it's not a jet ski," he said.Fletcher also announced the county would give 40,000 masks to law enforcement officers and encouraged law enforcement agencies throughout the county to step up enforcement.The county's demotion from the less-restrictive red tier is the result of two weeks of case rates that exceeded the threshold of 7 per 100,000 residents. In recent weeks, the region had an unadjusted rate well above the purple tier guidelines, but a significant effort to increase the volume of tests had allowed for an adjustment to bring it back to the red, or substantial, tier.State officials reported Tuesday that San Diego County had an unadjusted new daily coronavirus case rate of 10.0 per 100,000. The adjusted case rate dropped to 8.9 per 100,000. Last week's unadjusted case rate was 8.7 per 100,000.Dr. Mark Ghaly, the state Health and Human Services secretary, gave credit to San Diego County for its efforts."With every county ... we're always in close dialogue. I myself talk to many counties every day, whether it's their public health leaders, their elected leaders -- answer questions, hearing perspectives, hearing viewpoints and trying to relate and express our level of concern," Ghaly said Tuesday."But it also always comes with a hand of support, a hand of interest in trying to figure out what is the next thing we can do, what is the current state of affairs, and that goes for San Diego as well," he said. "I commend the leadership there, up and down from their board to the number of people in their public health department and throughout the county who are really going to tremendous effort to not just keep things open but first and foremost to pay attention to transmission, to recognize that this is a serious and, you know, deadly situation for many and we want to do what we can to reduce transmission."According to the reopening plan, a county has to report data exceeding a more restrictive tier's guidelines for two consecutive weeks before being moved to that tier. A county then has to be in that tier for a minimum of three weeks before it may move to a less restrictive tier.Even as the number of cases continues to climb, the testing positivity rate for the region continues a decline. From last week's data, it dropped to 2.6%, a 0.8% decline. It still remains high enough for this metric to remain in the orange tier.The state's health equity metric, which looks at the testing positivity for areas with the least healthy conditions, increased from 5.3% to 6.5% and remained in the red tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.The state data reflect the previous week's case numbers to determine where counties stand.San Diego County health officials reported 483 new COVID-19 infections and seven deaths Tuesday, raising the region's total to 61,053 cases and 915 deaths.Of the tests reported Tuesday, 5% returned positive, raising the 14- day rolling average of positive tests to 3.5%.Of the total number of cases in the county, 4,084 -- or 6.7% -- have required hospitalization and 944 patients -- or 1.5% of all cases -- had to be admitted to an intensive care unit.Five new community outbreaks were reported Tuesday, one each in a restaurant/bar, grocery setting, retail setting, TK-12 school and a business setting. Over the previous seven days, 39 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. 5538

SAN DIEGO (CNS) - San Diego County health officials reported 1,378 new COVID-19 infections and 22 deaths today as hospitalizations continue to surge with nearly triple the number of people hospitalized compared to a month ago.Tuesday's data brings the cumulative number of cases to 83,421 while the death toll crossed another milestone as it reached 1,019.The San Diego County Health and Human Services Agency reported 723 coronavirus patients hospitalized as of Tuesday, with 197 of them in intensive care units. That compares to 692 reported Monday, with 180 in the ICU. That number was 671 on Sunday, 636 on Saturday, and 580 last Wednesday and Thursday.The number of people with COVID-19 in area hospitals has nearly tripled from one month ago -- 262 were hospitalized on Oct. 31. Of the 83,421 cases logged in the county since the start of the pandemic, 4,685 -- or 5.6% -- have required hospitalization and 1,030 patients -- 1.2% -- had to be admitted to an ICU.The total number of people hospitalized for any reason in the county is 4,307 -- which has been fairly consistent over the past several months -- but the percentage of COVID-19 patients in the region's hospitals rose from 6% a month ago to 16.8% on Tuesday.Tuesday also marked the 21st consecutive day more than 600 new cases have been reported and the ninth day of the last 12 more than 1,000 new cases were reported -- including two days over the Thanksgiving weekend with more than 1,800 new infections.San Diego County is on a trajectory to double its number of cases in 45 days.A total of 15,377 tests were reported Tuesday, with 9% returning positive, raising the 14-day average to 6.3%.A total of 17 community outbreaks were confirmed Tuesday. Over the previous seven days, 81 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.San Diego County fell deeper into the most restrictive purple tier of the state's four-tiered reopening plan on Tuesday, with an unadjusted 30.5 newCOVID-19 cases per 100,000 people. Even with an adjusted rate of 15.3 per 100,000 due to significant testing increases by local health authorities, that number far exceeds the strictest tier's baseline of seven daily cases per 100,000.The testing positivity percentage is 2.3%, keeping it in the orange tier for that metric.Dr. Wilma Wooten, the county's public health officer, advised people who traveled or hosted family and friends over the Thanksgiving weekend to get tested.``By getting tested, people will know whether they have contracted COVID-19 and prevent spreading the virus to others,'' she said. ``People should also wear a face covering, maintain social distance, avoid crowds and monitor for symptoms.'' 2800

SAN DIEGO (CNS) - Parole was granted Wednesday for the man who killed a 20-year-old college student and pizza deliveryman in 1995 when he was a 14-year-old gang member.Tony Hicks, now 37, was the first youth in California to be tried as an adult under a law adopted in 1995 that allowed juveniles as young as 14 to be tried as adults for murder. He pleaded guilty to first-degree murder in the death of Tariq Khamisa and was sentenced to 25 years to life in prison. He has served 23 years behind bars.Wednesday's decision, made by the state parole board, now goes to the governor's office for possible approval.Gov. Jerry Brown recently signed Senate Bill 1391, which eliminates the ability to try a defendant under the age of 16 as an adult for any violent crime. Those convicted under the new law will be held in locked juvenile facilities instead of adult prisons."If this law (SB 1391) had been in effect in 1995, Tony (Hicks) would have been prosecuted in Juvenile Court and paroled many years ago,'' said Azim Khamisa, the victim's father. ``The other two individuals involved in the crime were sentenced in Juvenile Court. Tony made a mistake. He has atoned for it in many ways. He has paid his debt to society. It is time for him to be it in many ways. He has paid his debt to society. It is time for him to be released."Tasreen Khamisa also supports the release of her brother's killer. She said that when he was 16, an immature Hicks was incarcerated with some of the most hardened adult offenders in the state at Folsom Prison.According to spokeswoman Tanya Sierra, the San Diego County District Attorney's Office has not written a letter opposing Hicks' parole, nor has it submitted a letter in favor of his release. District Attorney Summer Stephan has the option of taking a position at the hearing, which she is scheduled to attend, along with Deputy District Attorney Richard Sachs, Sierra said.In the wake of his son's murder, Azim Khamisa reached out to Hicks' grandfather in the spirit of forgiveness and founded the Tariq Khamisa Foundation, which ``is dedicated to teaching and inspiring forgiveness, hope and peace in youth and setting them on a path towards opportunity,'' according to the San Diego nonprofit's mission statement.``We plan to bring Tony on to the staff at TKF where he can share his powerful message about the consequences of violence and the benefits of restorative justice with thousands of youth,'' Tasreen Khamisa said. ``The bottom line is that our kids need Tony. He will have a powerful voice in helping stop youth violence.''In preparation for his second chance at freedom, Hicks has earned his GED and college credits toward an associate's degree, according to the foundation. He has also been writing a blog for the TKF website, answering students' questions.The Khamisas traveled to a San Luis Obispo prison to attend the state parole board hearing. 2908

SAN DIEGO (CNS) - The San Diego City Council voted 5-4 today to extend the city's moratorium on commercial and residential evictions until the end of September amid high unemployment rates during the coronavirus pandemic. The moratorium that was slated to expire Wednesday will be extended to Sept. 30 as a result of the council's vote. Council members Georgette Gomez, Monica Montgomery, Jennifer Campbell, Chris Ward and Vivian Moreno voted in favor, while Barbara Bry, Mark Kersey, Scott Sherman and Chris Cate voted no.The moratorium prohibits landlords from evicting renters and small businesses that are unable to cover their rent or lease payments due to financial hardship brought about by the COVID-19 outbreak.Under the moratorium, renters and small businesses cannot be evicted if they notify their landlord in writing, on or before the day the rent is due, that they are unable to pay. They have one week after notification to provide proof that their financial hardship is related to the COVID-19 pandemic.Landlords and tenants are encouraged to work out a payment plan on their own. The eviction ban first went into effect March 25, with Tuesday's vote marking its second extension.The vote came following about two hours of public comment, in which numerous residents called in to ask for the council to extend the moratorium, with some asking for an extension until as far as the end of the year.The council was also slated to take action Tuesday to establish a rental assistance program, funded by more than million in federal COVID-19 relief funds. 1578