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SAN DIEGO (CNS) -- Homicide detectives Friday were investigating the death of a man who was found unconscious in a Midway District parking lot.Dispatchers received a call around 10 p.m. Thursday from a person who reported finding the man in a parking lot in the 3700 block of Rosecrans Street, San Diego police Lt. Andra Brown said.Officers and paramedics responded to the scene and were directed to the 31-year-old victim, who had suffered trauma to his upper body, Brown said.The man was taken to a hospital, where he was pronounced dead at 10:38 p.m., the lieutenant said. His name was withheld pending family notification.Police announced Monday that Zarchari Mock, 29, was arrested in connection with the homicide. Anyone with information about the death is asked to call SDPD's homicide unit at 619-531-2293 or Crime Stoppers at 888-580-8477. 856

SAN DIEGO (CNS) - A judge took under submission today a motion by the federal government to dismiss a lawsuit filed by the cities of Imperial Beach and Chula Vista and the Port of San Diego, alleging that the International Boundary and Water Commission is violating the Clean Water Act by not doing more to prevent Tijuana sewage from flowing into San Diego area waters.The federal government maintains that the IBWC isn't legally responsible for the sewage flowing into U.S. waters from Mexico.But the plaintiffs claim that since the IBWC oversees a flood control channel that redirects the Tijuana River on its way to the Pacific Ocean, as well as water- capture basins in five canyons along the border, the agency is responsible for the sewage that gets through those systems.RELATED: Imperial Beach businesses hurt by sewage & runoff related closuresImperial Beach Mayor Serge Dedina, who has led the fight to against the IBWC since his city was hit with millions of gallons of raw sewage in February 2017, said it was heartening to hear U.S. District Judge Jeffrey Miller say he might go to the South Bay to see first-hand how the situation is being handled.Dedina said the plaintiffs got a fair hearing. "(It was) a very emotional morning for me," Dedina said outside court. "(I have) vivid memories of taking my kids to the emergency room. We have little kids here. Our kids are getting sick. Our lifeguards are getting sick. It's been a long road and a really tough fight, and it really meant a lot to me that members of our community were here to support that. And I'll tell you what, if our city council and our city ... have to crawl on broken glass through garbage to fight for this, we will do that. We will never rest until we have clean water and that's why we're here."RELATED: Surfrider Foundation announces intention to sue over toxic Tijuana River sewage spillsThe judge did not indicate when he would rule on whether the lawsuit can go forward. 1982

SAN DIEGO (CNS) - After reviewing options provided by the state of California regarding the coronavirus epidemic, the San Diego Air & Space Museum will close beginning Saturday, a spokesman said.Because of higher case numbers, San Diego County now sits in the purple tier of the state's four-tier coronavirus monitoring system, the most restrictive state rating. 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 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."We continue to highlight our internal/daily COVID-19 health safety protocols as the gold standard, in conformance with the CDC, the state of California and San Diego County," the museum's David Neville said."Accordingly, our staff looks forward to reopening at the soonest opportunity and is continuing efforts to work with the county and state to use valid science doing so. The plan must always be to create safe reopening options as soon as possible," he added.According to Neville, the recent dialogue associated with a safe reopening "is critical to our community businesses. And, doing it right is vital to our success as a nation."We must identify, and correct those areas of concern and reopen those organizations we highlight through science and data as not contributing to COVID-19 spread," Neville said. "The credibility of safely reopening is an unwritten mandate."Neville said the museum looks forward to "continued county efforts on our behalf, and on behalf of every business and citizen hurt by this pandemic. We're in it together and embrace absolute safety when it comes to staff and guests, just as we always have." 1916

SAN DIEGO (CNS) - A woman accused of causing the death of a 74-year-old man in her care by withholding food from him over the course of several years was ordered to stand trial today on murder and other charges that could have her facing life imprisonment.Shirley Montano, 52, is accused of causing the Oct. 7, 2016, death of Robert Chagas, who died at Sharp Memorial Hospital of pneumonia, which prosecutors argue was exacerbated by severe malnutrition. Montano is additionally charged with kidnapping, elder abuse, false imprisonment, identity theft and perjury for allegedly limiting meals and keeping Chagas and an elderly woman essentially captive at the defendant's apartment, while spending the senior citizens' Social Security benefits for personal use.Deputy District Attorney Rebecca Zipp said the weight of both Chagas and the woman, Josefina Kellogg, ``plummeted once in (Montano's) care.'' Chagas was ``emaciated'' when he was brought into the hospital, where he died five days later. Montano, who allegedly posed as his niece, told medical personnel that Chagas did not wish to be resuscitated, according to testimony. Chagas' family members were only notified of his hospitalization after his death, they testified. ``She took on the duty of care and responsibility for his well-being, and that care fell so woefully short that he died in part due to inadequate nutrition,'' Zipp told San Diego County Superior Court Judge Esteban Hernandez at the conclusion of the week-long preliminary hearing.The prosecutor alleged that Chagas and Kellogg were kept isolated from others who lived with Montano and confined to their respective bedrooms. Montano's niece, who stayed with the defendant for about a year, said that for the first month she lived at her aunt's apartment, she was not even aware Kellogg existed because the woman would hardly ever emerge from her bedroom.Others who resided at Montano's apartment or visited the home were offered various explanations for Chagas and Kellogg's presence, including that Kellogg was Montano's sister or Chagas' wife, according to testimony. Kellogg testified that she stayed in her bedroom for several hours each day and feared angering Montano, who would hit her if she did not obey the rules of the house.Zipp said that Kellogg ``had no agency'' and would not even eat without Montano's permission, even when the defendant was in custody. Following Montano's arrest, she phoned her downstairs neighbor from jail and asked her to go into her unit to bathe Kellogg. The neighbor testified that she was reduced to tears upon seeing Kellogg's skeletal figure, and that the senior would not leave the apartment until the neighbor lied and said she had called Montano and received her permission. Kellogg also did not allow the had called Montano and received her permission. Kellogg also did not allow the to strike Kellogg -- because she feared moving the utensil might anger Montano, the neighbor testified.Zipp alleged that while keeping the seniors under her thumb, Montano spent their monthly benefits for personal purposes such as a new truck and frequently gambling their funds away at local casinos.``There is one person whose needs and wants she considered, and that are those of the defendant,'' Zipp said. Montano's attorney, Shannon Sebeckis, argued there was no evidence that Chagas' malnutrition was caused by Montano, and was not the natural result of aging. Sebeckis reiterated the testimony of San Diego County Chief Medical Examiner Glenn Wagner, who declined to classify Chagas' death as a homicide. Wagner said Chagas was not getting sufficient food, but he could not opine as to why, only that it appeared to be due to non-medical factors.No calls were made by family or medical professionals to Adult Protective Services in Chagas' case, which also contributed to Wagner's opinion not to classify his death as a homicide, the doctor said. While evidence was presented that Chagas once told a doctor that his weight loss was due to not having enough money for food, Sebeckis said this was not proof that Montano was taking his money or withholding food, especially in light of Chagas' issues with handling his own finances. Chagas' family members testified that an accident that occurred at childbirth had left him ``slow,'' as his brother Richard described it, and that throughout his adult life, Chagas was susceptible to being scammed and had lost exorbitant amounts of money to fraudsters in the past, leading family members to take an active role in assisting him with taxes and paying bills.Sebeckis argued there was little direct evidence that Montano didn't feed the seniors, as plenty of her past roommates said they had seen her providing food for Chagas and Kellogg. The attorney also said Chagas was not confined at all, and regularly left the apartment each day for his janitorial job at Sea World, which he attended with a sack lunch prepared by Montano each day.Sebeckis said it was ``pure speculation and conjecture'' that Montano didn't use the seniors' funds to pay for their basic needs. Hernandez said the murder charge was the most difficult for him to rule on, but said that the totality of circumstances held Montano culpable in Chagas' death, saying the seniors ``basically wasted away while in her care.''Montano is being held on million bail and will return to court April 11 for a Superior Court arraignment. 5423

SAN DIEGO (CNS) - Hours after Gov. Gavin Newsom released a new system for the state that sorts counties into one of four tiers based on the extent of the area's COVID-19 outbreak, San Diego County officials announced some local businesses would be able to operate indoors in a limited capacity starting Monday.On Monday, restaurants, places of worship, movie theaters and museums will be allowed to maintain up to 25% occupancy or 100 people -- whichever is less. Gyms may operate with 10% occupancy. Hair salons, barbershops and nail salons may operate indoors with normal capacity. Dr. Wilma Wooten, the county's public health officer, said the county would follow state guidelines that indicate retail businesses are to be restricted to 50% occupancy.All indoor businesses must still abide by social distancing- and face-covering mandates, as well as having a detailed safe reopening plan on file with the county.On Saturday, the county reported 263 new COVID-19 cases and three new deaths, raising the region's totals to 38,047 cases and 679 deaths.Two women in their mid-80s and one man in his early 80s died. All three had underlying medical conditions.Of the 6,796 tests reported, 4% returned positive. The 14-day rolling average of positive tests is 3.7%, well below the state's 8% guideline. The seven-day average number of tests performed in the county is 6,978.Of the total positive cases in the county, 3,083 -- or 8.1% -- have required hospitalization since the pandemic began, and 749 -- or 2% -- were admitted to an intensive care unit.County health officials reported six new community outbreaks Friday, bringing the number of outbreaks in the past week to 20. The outbreaks were in a food processing setting and five in business settings.The number of community outbreaks remains well above the county's goal of fewer than seven in a seven-day span. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households in the past 14 days.Wooten said San Diego County had made it to "tier 2," the only county in Southern California to earn that designation. The county still has a "substantial" COVID-19 presence, but unlike Orange, Riverside, Los Angeles and Imperial counties it is not considered "widespread."The two metrics the state was monitoring in that tier list include an old one -- the percentage of positive tests -- and a new one -- the number of daily new cases per 100,000 people. San Diego County is at 3.8% and 5.8 per 100,000 respectively. To make it to the next tier, the county must show rates of between 2% and 4.9% positive tests and between 1 and 3.9 new daily cases per 100,000 population.Because the county currently exceeds one of those numbers, it cannot start its path to the next tier.County Supervisor Nathan Fletcher said he felt the county was moving too quickly to reopen and should take a more measured response."My concerns are with the size, scope and speed of what is being reopened on Monday," he said. "While there are some lower risk entities that could safely reopen at this point, what we are doing is very similar to what we did in June with a large segment of indoor operations all opening at the same time. This led to a large increase in cases and required new restrictions."But even though I prefer a different path, the decision has been made and I will continue to work tirelessly to help us find a way to slow the spread, support our schools, and continue to help our community through this difficult time," Fletcher said.According to Wooten, there is a 21-day mandatory wait time before any county can move between tiers, and a county must meet the metrics for the next tier for two straight weeks. Also, a county may only move one tier at a time.These moves all appear to be in the interest of moving counties down the tier list toward full reopening. There does not appear to be any provision for a large, quickly spreading outbreak moving a county more rapidly back up the list.The timeline for schools being able to open for in-person instruction on Sept. 1 is not affected by this new system of tiers, Wooten said. The state will monitor the data weekly, with results announced Tuesdays.County officials announced last Wednesday that they would expand free testing for school staff throughout the region.According to Fletcher, testing for school staff -- teachers, paraprofessionals and others -- will be made available for free at all of the county's 20 testing sites. Additionally, Fletcher said more will open by the end of September to increase testing accessibility.The county still does not advise that asymptomatic children get tested, but Fletcher said parents can seek guidance through primary care physicians or seek testing through Rady Children's Hospital, Tri-Care or Kaiser Permanente -- depending on what health insurance, if any, a family has.San Diego State University announced Friday that three more students tested positive for COVID-19, after reporting two positive tests among students for two consecutive days.University officials said the two new cases were unrelated to the previous cases and all seven students had only been to the campus for testing at Student Health Services.Eighteen SDSU students have contracted COVID-19 since March. 5299