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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

SAN DIEGO (CNS) - A bicyclist riding with a group of cyclists was seriously injured Saturday when he was struck by a motorcycle in Pacific Beach, police said.The collision happened at 3:14 p.m. Saturday at the intersection of Ingraham Street and Reed Avenue, according to Officer John Buttle of the San Diego Police Department.A 23-year-old man riding a 2017 Harley Davidson Sportster was southbound in the 4200 block of Ingraham as a group of cyclists were eastbound in the 1500 block of Reed Avenue, Buttle said.The cyclists entered the intersection and the motorcycle struck one of them, a 49-year-old man, the officer said.The motorcyclist suffered road rash to his right leg, Buttle said. The bicyclist suffered a broken left femur and broken ribs. Medics took the cyclist to a hospital.Officers from the SDPD traffic division were investigating the collision, Buttle said.Ingraham was closed in both directions at Thomas and Oliver avenues and was expected to last a couple of hours, the SDPD said. 1012

SAN DIEGO (CNS) - A former La Jolla Country Day School teacher who had a sexual relationship with a 17-year-old female student over the course of several months was sentenced Wednesday to probation and community service and was prohibited from teaching again in any capacity.Jonathan Sammartino, the 37-year-old son of U.S. District Judge Janis Sammartino, could have faced up to one year in local custody and sex offender registration following his guilty plea to a felony count of unlawful sexual intercourse with a minor. He previously faced two other felony sex counts that could have had him facing prison time, but those counts were dismissed after he pleaded guilty in August.Deputy District Attorney Martin Doyle said the plea agreement was reached in part because the victim, identified only as "Jane Doe" in court proceedings, did not want the case to go to trial. She also declined to virtually attend Wednesday morning's sentencing hearing.Doyle said the victim was content that the case is resolved and has "changed and healed" since her interactions with Sammartino, which occurred in 2016."It's her wish to move on with her life," the prosecutor said.San Diego County Superior Court Judge Charles G. Rogers ordered the defendant to complete his 400 hours of community service at any nonprofit organization by next August.In declining to impose sex offender registration, Rogers cited a U.S. Supreme Court case that found registration was most suited for those considered dangerous and likely to re-offend.The judge said though Sammartino's conduct toward the victim could be considered predatory, due to their age difference and his abuse of a position of trust, "there is not an iota of evidence that this conduct was an expression of an underlying character trait on his part. I see no indication that this man is predatory or is likely to repeat this conduct with another person or is a danger to others."Rogers also cited a bicycling accident Sammartino suffered about a year prior to the offenses, which the defendant and his attorney say caused a brain injury that inhibited his impulse control and ability to make reasonable judgments. The judge said he didn't think the injury excused Sammartino, but said he believed it was a contributing factor to the offenses.Sammartino made a statement to the court, in which he said, "I am very sorry for everything that has happened and for the misery caused by my unfortunate involvement with Ms. Doe. I know that my behavior's disrupted her life, my own life, and the community."He said he was "not the same person" he was before the bicycling accident and was continuing to seek treatment for "my mental impairments that led to those behaviors."Sammartino said he would find another line of work in order to serve the community.Though his probation terms prohibit him from teaching, his attorney, Eugene Iredale, said Sammartino's doctoral degree precluded him from needing a teaching credential, which he would otherwise be required to surrender.Instead, Iredale said his client has pledged not to teach again, and cannot do so in any practical way, "because in the age of the internet, there is truly no ancient history.""As, of course, a condition of this plea agreement, and without hesitation, he has pledged that he will not seek to teach anywhere ... and that means anywhere at any level in any way, including private tutoring, including college instruction or community college," the defense attorney said.In testimony earlier this year at Sammartino's preliminary hearing, the victim said the first sexual encounter happened in early 2016, when he arrived at her home unannounced around midnight. She said she went outside to meet with him in his car, at which point he told her he didn't trust himself around her.Sexual encounters occurred that night in his car and on several other occasions in his vehicle and his house over the next few months, she testified.The victim, who went on to attend UC Berkeley, filed a report with campus police in the summer of 2018. Charges were filed later that year.In a recorded phone call played during the preliminary hearing, Sammartino admitted to the past encounters with the victim."Why did you do it? You knew I was 17," Doe says on the recording. "You knew I was your student. You knew it was my first time and I lost my virginity to you.""I don't have a good answer, because I wasn't thinking through what I was doing," he replied, apologizing to her several times throughout the call. "I can't believe that I did that." 4549

Saguache County, Colorado is larger than the states of Delaware and Rhode Island combined.It is a valley surrounded by mountain peaks that draws people who are looking for the secluded lifestyle that rural America can offer.“Everybody knows everybody,” said Doug Peeples, who owns a grocery market in the county seat of Saguache.The town of Saguache is small, having never boasted more than 700 full-time residents in the last 30 years. The county is even more dispersed as the population density is less than two people per square mile.Then, in 2014, all of that changed once Colorado became the first state in the country to legalize recreational marijuana.“I would venture to guess we saw 2,000 to 3,000 people in overnight,” said Saguache County Sheriff Dan Warwick.“All of a sudden we had an influx of people that were out-of-towners,” added Peeples.Located in the southern part of Colorado, the county became a destination for people from neighboring states who wanted to use the weed recreationally, but particularly those who wanted to start grow operations before returning the product back to their home state-- something that is illegal.“With only six deputies, how do you try and catch these bad actors?” said Warwick. “You just hope to come across it.”The influx led to squalor and crime as sheds laid abandoned after people would use them for growing marijuana before skipping town once they harvested.“You’d see people come in and they would grow on a piece of property that they leased for a short period of time,” said Warwick. “They would leave all their trash and junk everywhere and then just pack up and leave.”It became a divisive issue in the county as full-time residents would be left to deal with the mess.“For a while, this place was the Wild Wild West,” said county commissioner Jason Anderson.Anderson, along with the rest of the county commissioners, worked to find a solution by passing an excise tax in 2016 that would give them 5 percent of the profits when legal growers would sell to retailers.In theory, the legislation would allow the county to benefit from something that had caused so much turbulence as the commissioners allocated money to go towards schools, enforcement, and other areas that needed improvement, but it started off slow.“The first year [of the tax] we only saw ,000, again, because the legal operations weren’t up and running yet,” said Anderson.Gradually, however, that tax money started to increase. After only seeing ,000 in 2017 Saguache County pulled in ,000 in 2018 and 0,000 in 2019.“We hired a code enforcement officer and outfitted him with everything he needs full-time, which is something we could never even think about beforehand,” said Anderson.The county also set up a scholarship fund for local students planning to go to college and helped others get to school by updating trail systems that encouraged kids to walk in a county where the childhood poverty rate is 46 percent.“I think we are better off [from the legalization of marijuana] in that we need all the resources we can to continue to adapt to the changes.”Some places in town still have yet to see the money as some storefronts along the town of Saguache’s main street still lay vacant, but the county hopes as the tax money grows each year, so does prosper in the town. 3324

SAN DIEGO (AP) — In Washington, it's all about the wall. At the border, it's only part of the story.Border authorities are struggling with outdated facilities ill-equipped to handle the growing increase in family migrants, resulting in immigrants being released onto the streets every day. The immigration court system is so clogged that some wait years for their cases to be resolved, and lacks funding to pay for basic things like in-person translators. An increase in sick children arriving at the border is putting a strain on medical resources.But the Washington debate has focused almost exclusively on the billion in wall spending that President Donald Trump wants. Other proposals being discussed keep the rest of the Homeland Security department funding at existing levels."The wall is a tool. Unfortunately even if it's implemented across the border it isn't a solution to all the problems," said Victor M. Manjarrez, a former Border Patrol chief with more than 20 years of experience, now a professor at the University of Texas-El Paso.Trump has suggested migrants won't bother to come if he gets his way, making other immigration issues less problematic. Walls and fencing currently blankets about one-third of the border — mostly built under President George W. Bush — and the president wants to extend and fortify them. But contracting, designing and building new wall systems complete with updated technology could take years.Trump met Friday with Congressional leaders who said the president threatened the shutdown could go on for "years." Trump later said he'd considered using executive authority to get a wall built on the border."You can call it a barrier, you can call it whatever you want," Trump said a day earlier, flanked by immigration union heads. "But essentially we need protection in our country. We're going to make it good. The people of our country want it."Meanwhile, the House passed a bill Thursday evening to fund the government without the billion, with new Democratic Speaker Nancy Pelosi calling the wall an "immorality."The debate overlooks major bottlenecks in the immigration system as more families and children traveling alone turn themselves in to authorities to seek asylum, instead of trying to elude capture as almost everyone did just a few years ago. In many cases, the current migrants are climbing existing border fence and seeking out agents to surrender to agents.The backlog in immigration courts has more than doubled to 1.1 million cases since shortly before Trump took office, according to Syracuse University's Transactional Records Access Clearinghouse. Families and children now account for about six of 10 Border Patrol arrests, but there are only about 3,300 family detention beds and the number of unaccompanied children in government care has soared under Trump.Border crossers are stuck in short-term holding cells for days and there has been a spike in sick migrant children, including two who died in custody.In addition, the wall will do little to address the issue of visa overstays — when immigrants come to the country legally and remain here after their papers expire. Authorities say there were nearly 740,000 overstays during a recent 12-month period.And border agents continue to struggle with growing numbers children and families. Officials say they are stopping about 2,000 people a day, more than 60 percent children and families, higher than during many periods under President Barack Obama. They referred 451 cases to a medical provider from Dec. 22 to Dec. 30, more than half children.David Aguilar, the Border Patrol chief from 2004 to 2010 and a former acting Customs and Border Protection commissioner, said agencies that oversee long-term immigration custody need more funding to immediately step in after the Border Patrol makes an arrest. He says the agency is "overwhelmed" in dealing with all the children and families coming across the border now, much different from 1990s and 2000s. And any wall"The demographics and the flows that are crossing the southern border are very different from the demographics and flows when we built the original walls ... back in 2006 and 2008," he said.Customs and Border Protection Commissioner Kevin McAleenan, testifying before the Senate Judiciary Committee last month, said stations were not built to manage the crush of families coming over. The wall was important, he said, but so were these other issues. He said they needed budgeting for medical care and mental health care for children in their facilities.Trump has significantly increased the number of immigration judges but, A. Ashley Tabaddor, president of the National Association of Immigration Judges, said it came without enough support staff. About a week before the shutdown, judges were told the courts ran out of money for many in-person translators and that, as a result, it would have to reach them telephonically. A hearing that might last three minutes would last 20 minutes.The shutdown is already having an impact on the immigration system. Courts were only functioning for those who were detained. Other cases will be reset for a date once funding resumes, according to the website for the courts, which are overseen by the Department of Justice.Immigration lawyers said that will only worsen the already overwhelming backlog. Immigration attorney Jeremy McKinney said he expects cases in Charlotte, North Carolina will be moved to 2020 because this year's docket is already full."The situation is a lose-lose," he said.In contrast, the funding problems have only minimally affected the U.S. government agency tasked with reviewing immigrants' applications for green cards and other benefits. U.S. Citizenship and Immigration Services, which is a fee-based agency, said its offices are open and immigrants should attend appointments as expected.___Long reported from Washington, DC. Associated Press Writer Amy Taxin in Santa Ana, Calif. contributed to this report. 5986