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SAN DIEGO (CNS) - A pedestrian was fatally struck by a vehicle Wednesday morning in the Midway District, police said.Dispatchers received a call shortly before 5 a.m. from a driver who reported hitting a pedestrian on Sports Arena Boulevard near West Point Loma Boulevard, just south of Interstate 8, San Diego police Officer Scott Lockwood said.The victim, a man believed to be in his 30s, was taken to UCSD Medical Center, where he was pronounced dead, Lockwood said.The driver remained at the scene and cooperated with investigators, but no details about the driver or the vehicle were immediately available, the officer said.The circumstances leading up to the crash were under investigation. 704

SAN DIEGO (CNS) - A man whose altercation with four off-duty San Diego police officers in the parking lot of a Grantville bar drew attention from local activists alleging excessive force was sentenced Thursday to a three year probation term in connection with cocaine and firearm possession, which includes 90 days in jail and nine months to be served in a work furlough program.Jonathan Felix, 29, pleaded guilty last month to possession of a loaded firearm and cocaine, in connection with the Nov. 7, 2018, altercation outside McGregor's Grill and Ale House just before 2 a.m.The case generated substantial public interest regarding the use of police force rather than for the felony case, in which Felix was accused but never charged with pointing the gun at the officers, prompting them to tackle him to the ground and strike him several times until they were able to seize the pistol, according to prosecutors.RELATED: San Diego man says off-duty SDPD officers assaulted himThe blows rendered Felix unconscious, and left him with a fractured pelvis, fractured hand and cuts and bruising to his head, while one of the officers testified that he broke his hand punching the defendant.In addition to possessing cocaine, Felix was prohibited from possessing a firearm due to theft and drug-related convictions out of Arizona, according to Deputy District Attorney Michael Runyon.Following his 90 days in custody, Felix will continue working during the day at Greystone Prime Steakhouse & Seafood in the Gaslamp Quarter, where he was employed at the time of his arrest. San Diego Superior Court Judge Polly H. Shamoon imposed a suspended four-year prison sentence, meaning Felix could head to prison if he violates the terms of his probation.At a preliminary hearing in February, Officer Anthony Duncan testified that after he and other officers departed McGregor's, they noticed Felix leaving the premises and returning to the parking lot on several separate occasions, both in his Dodge Durango and on a bicycle. He said the officers were concerned that Felix was "casing" vehicles, possibly to break into or steal cars.Felix was exhibiting "odd behavior" and "something didn't feel right (about him)," Duncan said.Officer Jose Rodriguez, who was at the bar with the other men but left before the altercation with Felix, testified that he also felt Felix was looking into vehicles parked in the lot.Despite their concerns, none of the officers called for assistance from on-duty law enforcement until after they restrained Felix, according to Duncan.Duncan said that he approached Felix, at which point the defendant produced a semi-automatic handgun from his waistband and pointed it at him, prompting all four officers to draw firearms on Felix.Surveillance footage from the parking lot of the business captured the physical altercation between the men, but not the purported standoff, which was blocked from view by a parked car. The defendant, who was sitting on his bicycle at the time, backpedaled away from the men, who followed and tackled him to the ground, according to surveillance footage.Felix told investigators after being arrested that he believed the group of men, who he said never identified themselves as law enforcement officers that night, may have been casing his Durango or looking to start trouble.Defense attorney Alicia Freeze argued that her client drew his gun out of concern for his safety, but denied that he ever pointed the weapon at the group. Speaking with reporters outside court following the sentencing hearing, she said she felt the officers used "unlawful force" in subduing Felix.Runyon reiterated outside court that Felix pointed a gun at the officers, "ignored several commands" to drop his gun, and "did not give up the gun immediately" even after being taken to the ground.Along with Duncan, the altercation included fellow San Diego officers Nicholas Dabbaghian, Frank Bigler and Ross Bainbridge. 3956

SAN DIEGO (CNS) - California restaurant owners from across the state, including San Diego County, filed government claims today seeking refunds of state and local fees assessed during the COVID-19 pandemic, saying public health orders have forced them to shutter their doors or operate under capacity restrictions even as they're charged fees for liquor licenses, health permits and tourism assessments.The claims were filed in San Diego, Los Angeles, Orange, Sacramento and Monterey counties. Claims will also be filed in San Francisco, Fresno and Placer counties, according to the restaurant owners' attorneys.Plaintiffs' attorney Brian Kabateck said, ``Restaurant owners are obligated to pay these government fees just to operate, yet the same government entities who have collected those fees have forced these businesses to close their doors or drastically restrict operations due to the pandemic. We simply want the government to return those fees to those restaurants who followed the law and closed.''The state has 45 days to respond to the claims, which are necessary precursors to a potential class-action lawsuit.The move was supported by the California Restaurant Association, whose president and CEO, Jot Condie, said, ``Even when the restrictions are lifted, the devastating impact on the restaurant industry will extend for years. Restaurants have not received any form of relief. Easing fees would help enable establishments to stay open and keep vulnerable workers employed.'' Restaurants, like many other industries, have been hit hard by the pandemic, leading to the permanent closures of many establishments.A survey by the California Restaurant Association found 63% of responding owners said they have not received rent relief. About 41% said their restaurants could remain economically viable with a 50% indoor capacity limit, which is only permitted in counties within the yellow or orange ``tiers'' in the state's color-coded status system.Kabateck said, ``It's offensive and tone deaf for these entities to enforce these rules and charge fees for licenses and permits these businesses can't use.'' 2131

SAN DIEGO (CNS) - A man accused of fatally stabbing a 65-year-old clerk inside an adult bookstore in the Midway District pleaded not guilty Friday to felony murder charges that could lead to the death penalty if he's convicted.Shaun Ward, 39, was non-responsive and kept his head down during his arraignment. He was ordered held without bail in the death of 65-year-old Diane Spagnuolo.Ward refused to answer questions from Judge Maureen Hallahan about his true name or date of birth.The judge read Ward his constitutional rights and his attorney entered the not guilty plea for him.Ward was charged with murder and special circumstance allegations that the murder was committed during a robbery and that the murder involved the infliction of torture.District Attorney Summer Stephan will decide later if Ward will face life in prison without the possibility of parole or capital punishment if he's found guilty.The victim was found dead inside the X Spot Adult Store on Midway Drive on Monday afternoon, according to San Diego police. Ward was arrested late that night at a residence in San Diego.A surveillance camera in the adult shop captured images of Ward prior to the slaying, reported about 12:45 p.m., police said.Ward will be back in court Nov. 14 for a status conference. 1290

SAN DIEGO (CNS) - Lab-confirmed flu cases rose nearly 70 percent in San Diego County last week as flu season continues to ramp up, the San Diego County Health and Human Services Agency announced Wednesday.Doctors around the county reported 489 confirmed flu cases during the week of Dec. 8-14, an increase of 198 over the previous week's total of 291 flu cases. According to the HHSA, doctors have confirmed 1,709 flu cases since the flu season began July 1, nearly double the 932 confirmed at this time last year.No flu-related deaths were reported last week, but this flu season's seven deaths still outpace the six confirmed deaths at this time last flu season. The county measures flu seasons from July 1 to June 30 the following year concurrent with the fiscal year.RELATED: San Diego woman, 86, is latest flu death"This is the time of the season when we start to see influenza activity increase significantly," said Dr. Wilma Wooten, the county's public health officer. "Get your flu shot now to avoid getting sick."County health officials and the U.S. Centers for Disease Control and Prevention strongly advise the annual flu vaccination for everyone 6 months and older, especially in demographics with a heightened risk of serious complications, such as pregnant women, people with chronic medical conditions like lung disease and people age 65 or older.Residents can take precautions against contracting the virus by frequently washing their hands, cleaning commonly touched surfaces and avoiding contact with sick people.The flu vaccine is available at local doctors' offices, retail pharmacies and the county's public health centers. A full list of locations offering flu shots can be found at the county's immunization website, sdiz.org, or by calling 211 for the county's health hotline. 1808