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SAN DIEGO — A lawsuit was announced Monday over the death of Roxsana Hernandez, a transgender woman who died in Immigration and Customs Enforcement custody earlier this year as she sought asylum at the border.Hernandez arrived at the U.S.-Mexico border in San Ysidro in May from her native Honduras, but Transgender Law Center Director Lynly Egyes said Hernandez “came to the U.S. seeking protection and instead was met with torture.”"An independent autopsy report reveals that Roxsana was shackled for a long time and very tightly, enough to cause deep bruising on her wrists. She also had deep bruising Injuries consistent with physical abuse with a baton or asp while she was handcuffed, according to an examination of the tissue by an independent expert board-certified forensic pathologist," Egyes said.According to attorneys, Hernandez died from dehydration after being denied water and medical care.Hernandez, who was HIV positive, became very ill as she was transferred from California to Texas, back to California, and then to New Mexico, where she died.Hernandez’s family is hoping the wrongful death lawsuit will provide answers as to what happened. The suit was filed against the state of New Mexico.With many LGBTQ migrants arriving in Tijuana to seek asylum, many advocates hope the lawsuit announcement serves as a reminder that they will be watching as LGBTQ migrants present themselves at various ports of entry along the U.S.-Mexico border."Her death was entirely preventable," Egyes said. 1525

SAN DIEGO (KGTV) People across California will soon be able to use an app to notify or find out if they have been exposed to COVID-19.The CA Notify system was launched on the campus of UC San Diego in September. Monday, Governor Gavin Newsom announced the tool would be available on Google and Apple devices statewide beginning on December 10th.Dr. Christopher Longhurst, Chief Information Officer for UC San Diego Health, says the tool helps stop the spread of the virus on campus."While San Diego case rates have surged from 3 to 6 percent, our campus has fortunately remained a safer place with our students and employees testing positive at less than 1 percent," said Dr. Longhurst.Philip Tajanko is a freshman at UCSD. He signed up for the app shortly after arriving on campus in September."I figured that I might as well download the app just in case," said Tajanko.Tajanko tested positive for the virus in October."Outside of the people I directly informed by giving them a phone call or text, it did give me some peace of mind knowing that I could just send out this blanket alert that would notify anyone that I had been in contact with but don't have their phone number," said Tajanko.The system uses smartphone technology when a users' phone is within close proximity to another user for an extended period."You're not going to get an exposure unless your phone is within 6 feet of someone else's device for greater than 15 minutes cumulatively," said Dr. Longhurst.The governor stressed the app is opt-in, 100% private, secure, and does not track location.It has been effective. Even if we don't have tens of millions of people participating in this program, the more people who opt-in, the more effective it can be," said Governor Newsom. 1759

SAN DIEGO, Calif. (KGTV) - As restaurants learn to adapt and overcome in the era of new closures and regulations, not all are able to make it over the hurdle. Multiple San Diego staples have announced permanent closures, including The Balboa in Bankers Hill and Cafe on Park near Hillcrest.Andy Haenfler said he opened Cafe on Park 25 years ago and has devoted his life to this business.“I opened Thanksgiving weekend in 1995 to a line down the block and thought 'oh my goodness what have I done,'” said Haenfler.He said this past March, they closed their doors, thinking it was temporary, but they were never able to open them again.“We had just gotten a shipment of ,000 worth of product in so we gave it to the staff, the staff took it home and gave it away to their neighbors,” he said.Haenfler said he had hoped to stay open a few more years then retire and sell his restaurant to employees, but that goal is no longer possible. His message to the community now is to support local businesses so this doesn’t happen again.“It’s us little one-owner, one-shop places that the community really need to support,” he said.Nearby restaurant The Balboa has a similar fate. Owner Tom Logsdon said the business started years ago with him cooking at home then it grew into what it is known for now: a community spot with good burgers. “The type of business we had is really built around dining in, it’s built around community coming together,” said Logsdon.He said he did try to reopen, but the takeout burgers weren’t able to save the business the way regular customers who sit and have multiple drinks would.“Without people hanging out and having some drinks, it just wasn’t working,” he said.Logsdon said he’s permanently closing his Bankers Hill location but has a second location in Chula Vista, so he’ll be consolidating the business and focusing his effort on the one spot.“I’ve spent about a third of my life in that building. I’ve got a big attachment to the neighborhood and the community there but after three months of just losing money like crazy, the reality was we just couldn’t keep that going,” said Logsdon.Both Logsdon and Haenfler said this is the necessary decision right now, but once the industry recovers, they hope to reopen more restaurants and continue with their careers. 2304

SAN DIEGO, Calif (KGTV) - A series of problems at a handful of California gas refineries have caused prices to surge over the last month.According to the Automobile Club of Southern California, the average cost of gas in California is .955 per gallon. That's more than a dollar more than the national average of .811. Alabama has the lowest gas prices in the country at .499 per gallon.Because of strict environmental regulations, most of the gas in California has to be made in state. So when local refineries go off-line, it directly impacts prices.AAA says at least 6 of the 12 gas producing plants in the state have had problems in the last month, leading to shut-downs.On March 15, a fire shut down the Wilmington Phillips 66 refinery.Ten days later, the Valero refinery in the Bay Area shut down when a scrubber malfunctioned, sending black smoke into the air.Flaring issues caused outages at two plans in Southern California, the Chevron plant in El Segundo and the Valero in Wilmington.Meanwhile, PBF Energy in Torrance had routine maintenance scheduled, which decreased production."We don't have pipelines that can pipe relatively cheap gasoline to use from other states," says Marie Montgomery with the Automobile Club of Southern California. "We have to rely on shipping of gasoline when our refineries have problems."According to the California Energy Commission, refineries in Washington and the US Gulf Coast can produce gas for California, as can refineries in Eastern Canada, Finland, Germany, the US Virgin Islands, the Middle East and Asia. But it takes time for those shipments to arrive.In the first week of April, the state didn't receive a single drop of imported gasoline.As we wait, local refineries have dipped into their reserves to meet demand, taking two million barrels out of reserves."The imported gas is going to be coming here, there's no doubt about that," says Montgomery. "We've got the highest prices in the country by far right now. So it's very profitable for other countries to send it to us."Still, AAA says it's almost a sure thing that prices will top per gallon by the end of the month.To find the best price on gasoline in your area, click here. 2207

SAN DIEGO, Calif. (KGTV) - A wall at the intersection of Ocean View and 30th in the Logan Heights neighborhood of San Diego has been turned from a place with frequent unwanted graffiti, to a work of art that embraces the community.David Mena said he and about seven artists have been painting the wall for about a month and it’s finally completed. It’s a celebration of the different types of people who live in the area, plus a look at the different cultures and ethnicities. From a depiction of the “tortilla lady” to the mascots from local schools, the art captures the spirit of a wide variety of types of people and brings a message of unity.“This is our peaceful protest and letting the community and everyone in San Diego county know that in these destructive times, we can build and we can move forward as a unit,” said Meno.He said he recruited youth in the area to help with the art as a way to inspire them and show them a positive influence.Mena said close to ,000 was donated by the community to help pay for supplies and food during the project. They put a coat over the paint that will help prevent graffiti. He said they’re not asking for money, but if anyone donated, he would give the money to the young artists. 1240