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SAN BERNARDINO, Calif. (KGTV) -- Prosecutors said Monday that a California man killed his business partner and his family out of greed, according to the Associated Press. Prosecutor Sean Daugherty told jurors that Charles Ray Merritt wrote checks totaling more than ,000 on his partner’s QuickBooks account after the family disappeared. The comments came during opening statements in the trial for the alleged murders of Joseph McStay, Summer McStay and their three and four-year-old sons. Prosecutors also say that, while being questioned about the family’s disappearance just days after they went missing, Merritt kept referring to Joseph in the past tense.Outside the courtroom, defense attorney Rajan Maline said Merritt’s livelihood depended on McStay being alive. The McStays disappeared from their Fallbrook home in early February 2010. Days after they were last seen, the family’s SUV was found abandoned at a strip mall parking lot in San Ysidro.RELATED: Trial set to begin in McStay family murder caseIn 2013, the bodies of the family members were found in the Mojave Desert, near Victorville. Prosecutors said the family died from blunt-force trauma to their heads. Authorities found a sledgehammer, believed to be the murder weapon, in one of the graves.According to court documents, investigators believe Summer McStay may have been raped before she was killed. Merritt was arrested in connection with the killings in November 2014 after sufficient evidence linking him to the case, including DNA, was discovered.Authorities alleged Merritt killed the family members inside their home and then buried them in the desert. Merritt also tried to paint over the crime scene, according to authorities.During Monday’s opening statements, jurors in the San Bernardino County courtroom are expected to hear a tape of Merritt being questioned by investigators.Merritt, 61, has pleaded not guilty to charges of murder and is being held without bail.Prosecutors are seeking the death penalty in the case. 2017

SAN DIEGO (CNS) - A 45-year-old man got into an argument with two males at the entrance to an alley in San Diego's Valencia Park neighborhood and was shot in the back Friday evening.The shooting was reported just before 8 p.m. at the entrance to an alley at 53rd Street and Imperial Avenue, San Diego Police Department Officer Robert Heims said.The man was standing with his girlfriend when the two males walked up, argued and one male fired several shots at the victim, hitting him once in the back, Heims said. The suspects fled the scene in separate vehicles, one of them red.Paramedics took the victim to a hospital where his injury was not believed life-threatening, Heims said.Gang detectives were investigating, Heims said. 738

SAN DIEGO (CNS) - A 43-year-old man was hospitalized Wednesday morning with serious injuries after the car he was riding in crashed into four parked cars on a Mountain View street, police said.It happened shortly before 10:30 p.m. Tuesday on South 40th Street just south of Imperial Avenue, San Diego Police Officer Robert Heims said.A 38-year-old man was driving a 2005 Honda Civic southbound on South 40th Street when the car drifted to the right for unknown reasons and struck four parked cars, Heims said.The 43-year-old man, who was sitting in the front passenger seat of the Honda, was taken to a hospital for treatment of a fractured neck, which was not believed to be life-threatening, the officer said.The Honda driver was uninjured and 31-year-old man in the back seat of the sedan had a complaint of pain to his leg, Heims said. 847

SAN DIEGO — The latest shutdown order has not been kind to San Diego restaurants this holiday season, but some chose to remain open on Christmas despite being relegated to takeout-only service. Harry Kim made the executive decision to keep north park diner open on Christmas for the first time. And to say the restaurant is stretched thin would be an understatement.“it’s hitting us really hard,” Kim said. “When we had outside dining I had employees, five of them. Right now I just work with me and my wife.”Kim has owned the diner since 2007, and says opening on Christmas provides an opportunity for more sales if everyone else was closed. He says it paid off with some extra takeout orders and others through UberEats and GrubHub.Meanwhile, at downtown's Gaslamp BBQ, a skeleton crew handled a steady stream of takeout orders. Owner Tarik Marogy always keeps the restaurant open on Christmas, so 2020 would be no different.“We know we are going to be busy today because a lot of the restaurants usually close,” Marogy said.Marogy says the barbecue has been hit hard in the pandemic. He reduced his employees from 20 to 8. In all, nearly 110,000 San Diegans worked in local restaurants in November, down more than 15 percent compared to November 2019, according to the latest state data available. That was before the most recent shutdown order went into effect.Margoy said, however, that Christmas night orders exceeded his expectations.“I didn’t expect that I'm going to have that much business because of the Covid. But I was surprised, and thank God business was good,” Marogy saidHe says he's hopeful things are going to get better in 2021. And the barbecue will be open January 1 to ring in the new year. 1721

SAN DIEGO (AP) — An appeals court on Wednesday upheld a freeze on Pentagon money to build a border wall with Mexico, casting doubt on President Donald Trump's ability to make good on a signature campaign promise before the 2020 election.A divided three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco agreed with a lower court ruling that prevented the government from tapping Defense Department counterdrug money to build high-priority sections of wall in Arizona and New Mexico.The decision is a setback for Trump's ambitious plans. He ended a 35-day government shutdown in February after Congress gave him far less than he wanted. He then declared a national emergency that the White House said would free billions of dollars from the Pentagon.The case may still be considered, but the administration cannot build during the legal challenge.A freeze imposed by U.S. District Judge Haywood Gilliam Jr. of Oakland in May prevented work on two Pentagon-funded wall contracts — one spanning 46 miles (74 kilometers) in New Mexico and another covering 5 miles (8 kilometers) in Yuma, Arizona.While the order applied only to those first-in-line projects, Gilliam made clear that he felt the American Civil Liberties Union and other groups were likely to prevail at trial in their argument that the president was ignoring Congress' wishes by diverting Defense Department money."Congress's 'absolute' control over federal expenditures — even when that control may frustrate the desires of the Executive Branch regarding initiatives it views as important — is not a bug in our constitutional system. It is a feature of that system, and an essential one," the judge wrote.Gilliam went a step further Friday by ruling definitively that the administration couldn't use Pentagon counterdrug money for the two projects covered in his May order or to replace 63 miles (101 kilometers) in the Border Patrol's Tucson, Arizona, sector and 15 miles (24 kilometers) in its El Centro, California, sector.Trump immediately vowed to appeal.At stake is billions of dollars that would allow Trump to make progress on a major 2016 campaign promise heading into his race for a second term.Trump declared a national emergency after losing a fight with the Democratic-led House that led to the 35-day shutdown. Congress agreed to spend nearly .4 billion on barriers in Texas' Rio Grande Valley, the busiest corridor for illegal crossings, which was well below the .7 billion the president requested.Trump grudgingly accepted the money but declared the emergency to siphon money from other government accounts, finding up to .1 billion for wall construction. The money includes .6 billion from military construction funds, .5 billion from Defense Department counterdrug activities and 0 million from the Treasury Department's asset forfeiture fund.Acting Defense Secretary Mark Esper has yet to approve transferring the military construction funds. The Treasury Department funds have so far survived legal challenges.The president's adversaries say the emergency declaration was an illegal attempt to ignore Congress. The ACLU sued on behalf of the Sierra Club and the Southern Border Communities Coalition.The administration said the U.S. needed emergency protection to fight drug smuggling. Its arguments did not mention illegal immigration or unprecedented numbers of Central American families seeking asylum at the U.S. border, which have dominated public attention in recent months.Justice Department attorneys argued that the freeze on Pentagon funds showed a "fundamental misunderstanding of the federal appropriations process.""The real separation-of-powers concern is the district court's intrusion into the budgeting process," they wrote.The two sides argued before a three-judge panel in San Francisco on June 20, made up of Barack Obama appointee Michelle Friedland and George W. Bush appointees N. Randy Smith and Richard Clifton.The administration has awarded .8 billion in contracts for barriers covering 247 miles (390 kilometers), with all but 17 miles (27 kilometers) of that to replace existing barriers not expand coverage. It is preparing for a flurry of construction that the president is already celebrating at campaign-style rallies.Trump inherited barriers spanning 654 miles (1,046 kilometers), or about one-third of the border with Mexico. Of the miles covered under Trump-awarded contracts, more than half is with Pentagon money.The Army Corps of Engineers recently announced several large Pentagon-funded contacts.SLSCO Ltd. of Galveston, Texas, won a 9 million award to replace the New Mexico barrier. Southwest Valley Constructors of Albuquerque, New Mexico, won a 6 million award for the work in Tucson. Barnard Construction Co. of Bozeman, Montana, won a 1.8 million contract to replace barrier in Yuma and El Centro. 4877