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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

SALEM, Ore. – Oregon voted to legalize psilocybin mushrooms for therapeutic use on Tuesday.A psilocybin is a hallucinogenic chemical obtained from certain types of fresh and dried mushrooms, according to the Drug Enforcement Administration (DEA).With 81% of votes reported Wednesday morning, 55.8% of the electorate had voted to approve Oregon Measure 109, The Associated Press reports.While some states have decriminalized the so-called “magic mushrooms” or "shrooms," this measure makes Oregon the first state to legalize them.Under the measure, licensed service providers are permitted to administer psilocybin-producing mushroom and fungi products to those 21 years or older. The DEA says it’s often ingested orally, brewed as a tea or added to foods.The measure authorizes the Oregon Health Authority (OHA) to create a program to help these licensed providers to administer the products.The measure was backed by war veterans with PTSD, those with terminal illnesses and others who suffer from anxiety or depression, who claim psilocybin helps.Some opponents say science does not yet indicate that psilocybin is a safe medical treatment. 1150

SAN DIEGO (CNS and KGTV) - San Diego's City Council voted 6-3 Tuesday night to place restrictions on sleeping and living in vehicles on city streets and parking lots.The vehicle habitation ordinance goes into effect immediately and restricts people from living in their vehicles anywhere within 500 feet of a school or residence. It also places an overnight ban between from 9 p.m. to 6 a.m. anywhere in the city, with the exception of approved lots. According to a news release from the city, the ordinance aims to address illegal dumping, public urination and drug use on city streets and in parking lots. “We are creating a balance that provides opportunities to those in need while protecting our neighborhoods from behavior that creates unsanitary conditions and hurts quality of life,” Mayor Faulconer said. “If you want to work toward finding a permanent home, we have programs that can help. We will not allow the proliferation of ‘van life’ culture that takes advantage of San Diego’s generosity and destroys community character.”The ordinance will be enforced using criteria including sleeping, bathing, meal preparation, grooming items and containers of human waste. Councilmember Monica Montgomery, who voted against the ordinance, released a statement after the vote expressing disappointment. 1315

SAN DIEGO — A College Area nonprofit that is seeing record requests for its services may not survive the pandemic itself.Sharia's Closet provides free clothes to people who have an emergency need. Founder Shamine Linton said with the Coronavirus pandemic, the organization has already served more than 2,500 families in 2020, a record pace. "Due to unemployment, homelessness and domestic violence, our needs have grown," Linton said. Sharia's Closet, named for Linton's daughter, operates out of a former dental office near San Diego State University. It's divided into five rooms that are filled with clothes for children, teens, men and women - casual to professional. Linton said the organization gets connected to families through 54 social service organizations. While the demand is at an all-time high, the prospects of surviving past 2020 are not. "I don't think I'll have the money to continue for the next year," Linton said. Linton said the organization survives off community donations, but those have lagged in this economy. She has reduced hours for her staff of two, and the closet is now only open three days a week. The formerly manageable ,500 in monthly operating costs is now becoming daunting. "I'm hoping for financial donations to help keep our doors open, to help keep the service for the community that needs it the most," Linton said.Linton said Sharia's Closet has been able to receive public assistance for personal protective equipment, but not operations. She is planning a fundraiser in mid November. 1542

SAN DIEGO (CNS) - A 19-year-old accused in the fatal beating of a 56- year-old man near a pedestrian bridge behind Petco Park was ordered Friday to stand trial on a murder charge, though a torture count was dismissed by a judge.Dominick Wells is accused in the Nov. 18, 2018, beating of Edward Starland, who was left comatose following the attack allegedly perpetrated by Wells and four juveniles. The juveniles -- two girls and two boys -- face unspecified charges in an ongoing juvenile court case.Witnesses said Starland had been fighting with a group of young people the afternoon of Nov. 18 before he was thrown down and beaten. When witnesses started yelling at the attackers to stop, they fled east on Imperial Avenue, police said.RELATED: Man dies after attack near Petco Park; four teens arrestedStarland never regained consciousness and was placed on life support. He died Dec. 3 at Scripps Mercy hospital.A cell phone video recorded by a bystander was shown during Wells' preliminary hearing and captures Starland, Wells and the juveniles exchanging words, none of which can be heard in the video. At some point, both men grab objects to seemingly defend themselves. Wells picks up a broomstick, while Starland lifts a bicycle over his head.Starland later tosses the bike to the ground, and is then knocked down by Wells and the juveniles, who begin punching and kicking him as he's on the sidewalk.RELATED: No charges filed against teen charged in Petco Park beatingWells' attorney, Stewart Dadmun, argued that Starland was the aggressor. The attorney said Starland made lewd comments to a 14-year-old girl in Wells' group, then threatened Wells and the others with violence, including lifting the bicycle into the air with the intention of dropping it onto Wells' head.Dadmun argued that Wells only wanted Starland to leave them alone and that the victim had been harassing them for some time prior to the events shown in the video.Deputy District Attorney Mary Loeb argued that self-defense did not apply because Wells advanced upon Starland to knock him to the ground. She noted that after Starland tosses the bike to the ground, he appears to back up a few steps before being attacked.RELATED: Arrests made in attack near Petco Park that left man with serious injuriesA medical examiner testified that Starland's death was the result of a heart attack, which could have been caused by stress or trauma from the fight. He also suffered from cardiac disease, the examiner testified, which Dadmun argued made it unclear whether the heart attack could be definitely stated as a result of the altercation with Wells.Superior Court Judge Yvonne Campos said "both adults played a role in this."Though she found insufficient evidence to hold Wells on the torture count, Campos said she could not overlook the nature of what ensued after Starland was taken to the ground."Once the victim was down on the ground, the continuing rampage against him is not something I can set aside," the judge said.Wells remains held on million bail and is due to return to court May 23 for a Superior Court arraignment. 3120

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