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SAN DIEGO (KGTV) -- The man accused of shooting two people outside a Metallica concert in the Gaslamp, including an off-duty sheriff’s deputy was back in court Tuesday.In July Ray Pitoau had his first trial. He was found guilty of three firearm charges, including felon in possession of a gun.The jury deadlocked when charging him with three counts of assault with a deadly weapon. The District Attorney’s Office refiled for a retrial.RELATED: Gaslamp deputy shooting suspect escapes Spring Valley SWAT standoffA few months later that retrial is in session and Pitoau now faces potential life in prison for allegedly shooting sheriff’s deputy Jason Philpot three times, aiming the gun at his brother, Joshua Philpot and shooting and hitting a third person walking by.During his testimony Tuesday, Pitoau tells the jury he didn’t intent on actually firing the gun. "When I see the gun it was like okay you know what I mean, just show it to these guys. It be like okay split parts, I run this way they run that way. It be cool," Pitoau said.Pitoau was asked by the defense attorney and prosecutor to recollect the night of August 7, 2017. The night he got into an altercation with the Philpot brothers and it ended in shots fired.RELATED: Suspect in Gaslamp shooting that injured off-duty deputy arrested in MexicoWhen Pitoau grabbed the gun from his friend that night he tells the jurors he didn’t think Jason Philpot in law enforcement and would know how to remove a gun from a shooter.“I had it in my right hand his left hand cam over my hand and his right hand came under my hand,” Pitoau continued. “So he grabbed the whole thing like he close don it so he started twisting my wrist." Pitoau went over the entire night and even included details of fleeing the country after he saw the shooting on the news the next morning. “I took off to Mexico, well I cut my hair, shaved my beard and then I walked to the trolley station and went to Mexico."After a month in Tijuana he was brought back to the United States and immediately handed over to U.S. Marshals. The retrial will continue Wednesday. 2143

SAN DIEGO (KGTV) -- The cost of housing is a huge issue in California, as the issue of rent control heads to the November ballot.Proposition 21 would allow local governments to establish rent control on residential properties over 15 years old. It allows rent increases on rent-controlled properties of up to 15 percent over three years from previous tenant’s rent above any increase allowed by local ordinance.The proposition would exempt individuals who own no more than two homes from new rent control policies.Mark Doering is a landlord who rents out two homes. While Prop. 21 would not apply to him, he said he is against rent control. "I think the government has put enough burden on landlords like myself," he said. During the pandemic, numerous local governments issued bans on evictions for those facing hardships due to COVID-19. While Doering understands this difficult time, he said he and other landlords depend on the rent money."If they relied on that rent, they're in a bad enough situation as it is right now," Doering said. The No on 21 ad airing on television is sponsored by the California Apartment Association, with major funding from Essex Property Trust and Affiliated Entities, Equity Residential, and AvalonBay Communities. Pt. Loma Nazarene University's Chief Economist Lynn Reaser said the No and Yes on 21 ads do not actually explain what will happen if the measure passes. “It allows local governments to set their own rent control measures that would be different from what the state now has, which basically caps rent increases at 5 percent plus rate of inflation,” Reaser said.The ad claims that voters rejected a similar measure two years ago, which is true. There are a few differences with Prop. 21 than Prop. 10, which failed in 2018. This measure would apply to housing more than 15 years old. Owners with one or two properties would be exempt. Reaser analyzed Census statistics and said roughly one out of 10 rental units would be affected by Prop. 21. About 45 percent of Californians are renters. In San Diego County, about 450,000 rental units would be affected, or about 85 percent of all rental housing.The ad also claims that Prop. 21 would reduce home values by up to 20 percent. Reaser said it is likely property values will decrease over time, but not immediately."That will spill over into lower property taxes, which funds primarily our schools," Reaser said. The Legislative Analyst's Office said even as owners sell off their properties, "revenue losses from lower property values would be larger than revenue gains from increased sales." "It's very important to vote, but it's also very important to be an informed voter," Reaser added. 2698

SAN DIEGO (KGTV) -- The County of San Diego has spent nearly million to support migrants after the federal government ended the Safe Release Program, according to county officials.Flights carrying between 120 to 135 people are now flying from Texas to San Diego to relieve the processing backlog in the Rio Grande Valley sector in Texas. That sector is 200 percent over capacity, according to acting San Diego Border Patrol Chief Doug Harrison. So far, 10News has confirmed at least two flights have arrived in San Diego. It is not clear how many migrants, if any, will ultimately need county support. This latest round of migrants from Texas are first processed through Border Patrol before Immigration and Customs Enforcement takes over the processing. ICE told Team 10 custody is determined on a "case-by-case basis."Organizations like the San Diego County Rapid Response Network along with the County have stepped in since the end of the Safe Release Program. The program provided asylum seekers resources like transportation until their scheduled immigration court appearance. In a federal lawsuit filed in April, the County blamed the federal government saying "the County has suffered" and the move has "unfairly shifted the... burdens to the County and its residents."RELATED: Border officials say migrants from Texas being transferred to San DiegoProjected county costs for supporting migrant services totaled more than .65 million. That amount was through May 3rd. Here is the breakdown:- ,014,570 for contracted health services through UCSD- 1,676 for Health and Human Services Agency staff salary/benefits- ,392 for County Department of General Services staff support- ,640 for interpreters- ,965 for contracted nurse- ,743 for County Public Safety Group's Office of Emergency Services staff support- ,045 for pharmaceuticals- ,103 for various supplies and equipmentAs of late Monday afternoon, Supervisor Dianne Jacob said the latest amount is actually closer to million. She released this statement to Team 10:“I am deeply concerned that flying in hundreds of migrant families will put an even greater strain on San Diego non-profits, agencies and taxpayers. Immigration is clearly the responsibility of the federal government, but now it’s sticking San Diego County with the bill. Since the opening of an emergency shelter downtown in October, the county has had to spend nearly million to screen and process some 14,000 asylum seekers. Local taxpayers should not be on the hook for this.”It is unclear how long the migrant flights from Texas to San Diego will last. 2624

SAN DIEGO (KGTV) — The County of San Diego is providing free COVID-19 testing to all school employees returning to in-person learning, a recommendation by the California Department of Public Health.There are more than 80,000 school employees across the county. “This is everybody from bus drivers, to food service workers, to teachers, to administrators,” said Music Watson, the Chief of Staff for the San Diego County Office of Education, or SDCOE.While most schools are sticking with distance learning, for now, some are preparing to return to in-person learning starting in September.The school employees that do return will be tested for COVID-19 often.“The recommendation is that in any given two month period, you’ve tested 100% of school employees, with about half being tested in any given month,” said Watson. “People who are doing distance learning and teaching in a distance format and not coming into contact with students and school staff, they’re not going to have to be tested.”The county is partnering with SDCOE to develop more testing sites specifically for school employees by late September.Testing is currently available at the more than 20 county coordinated sites at no cost to school staff.If positive tests are discovered, classrooms, schools, and districts may need to shut down for two weeks.“If 5% of a classroom tests positive, that classroom would close, and they would self-isolate. If 5% of a school tests positive, the school would close for two weeks, and if 25% of district tests positive, the entire district would close for that two week self-isolation period,” said Watson. “In a classroom, 5% is basically one student or teacher, that’s why it’s so important to have a testing protocol in place.”If a classroom or school does have to shut down, students will continue learning for the two weeks.“That doesn’t mean all of a sudden it’s 14-days of no learning, it means transitioning to virtual which might be online or packet work depending on the particulars of that situation,” said Watson.It’s not currently recommended that asymptomatic children get tested for COVID-19, but if a parent or guardian wants their child tested, they should discuss it with their pediatrician. 2222

SAN DIEGO (KGTV) -- The Border Patrol is working to upgrade the fence that sits along the U.S.-Mexico border as more and more people attempt to cut through the barrier, forcing agents to spend time making repairs.According to the agency, an average of 540 cuts are made in the fence per year. Border Patrol says some tools enable crossers to cut through the fence in as little as 20 seconds.The agency added that, since 2016, the number of arrests at the border has seen a sharp increase. In 2016, 26,000 arrests were made. That figure rose dramatically in 2017 to 38,000 arrests.RELATED: As many as 15,000 troops to be deployed to borderThe project to upgrade the fence began over the summer and will eventually replace about 14 miles of scrap metal wall.U.S. Customs and Border Protection told 10News in June that the old fence was erected in the 1990s from Vietnam-era scrap metal.“The construction of this new substantial wall will improve overall border security, the safety and effectiveness of Border Patrol agents, the safety of the public, and will enhance the atmosphere for business and commerce in the area,” said Rodney Scott, Chief Patrol Agent for the San Diego Sector.RELATED: Border wall construction underway in South San Diego County  The upgrade comes as the Trump administration prepares to send thousands of troops to the border to provide logistical support as a migrant caravan approaches.As of Wednesday afternoon, the caravan was about 800 miles away from the U.S. 1508