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SAN DIEGO (CNS) - A San Diego federal judge has again denied a Chula Vista church's request to challenge the state's COVID-19-related restrictions on indoor worship services.South Bay United Pentecostal Church, which lost a challenge to the restrictions earlier this year when the case went before the U.S. Supreme Court, filed an amended complaint this summer in its ongoing lawsuit arguing that California's restrictions on indoor services and singing are unconstitutional.U.S. District Judge Cynthia Bashant, who denied the church's request for a preliminary injunction in May, also denied South Bay United's latest request in a written order signed Wednesday.Bashant echoed much of her previous reasoning in denying the church's request, though South Bay United's latest complaint and her ruling took into account the shifting state of the virus locally.South Bay United argued in court papers that the state's "scientific pronouncements" are "largely baseless," as by "all reasonable scientific measurements," the COVID-19 health emergency "has ended."Bashant disagreed with the church's assessment of the current picture, and wrote that limitations to indoor worship attendance do not restrict one's ability to attend religious gatherings, as long as they are held outdoors.The judge wrote that the current COVID-19 situation in San Diego County holds that worship services may be held outdoors, with singing and chanting permitted. Indoor worship is limited to 100 people or 25% of building capacity -- whichever is fewer -- with singing and chanting prohibited.The church has argued that outdoor worship and services held over video-conferencing are "inadequate substitutes" and that the public health orders prohibit the church "from holding the services mandated by scripture."It also argued that California arbitrarily allowed certain sectors considered essential to stay open and conduct indoor operations, while discriminating against religious institutions.Bashant disagreed that public health officials have shown a pattern of discriminatory enforcement of COVID-19 health orders against religious institutions.She wrote that through Aug. 26, the county served 10 cease-and-desist orders or compliance letters to businesses or other entities, three of which were places of worship.Additionally, she wrote that through Aug. 26, 144 citations were issued for health order violations, none of which were to places of worship or people engaged in religious services. 2485
SAN DIEGO (CNS) - A young man who groped and sexually assaulted four female students as they walked to their off-campus housing near San Diego State University last summer was sentenced today to a two-year prison term.Judge Polly Shamoon also ordered Minda Shewangizaw, 20, to stay away from the four victims and San Diego State for 10 years.Shewangizaw pleaded guilty in April to felony and misdemeanor charges of false imprisonment and sexual battery. The defendant still faces charges that he tried to rape a woman in May 2017 at UC Riverside, where he was a student.Deputy District Attorney Judy Taschner said the victims in the SDSU case ranged from 17 to 19 years old. "He (Shewangizaw) attacked two separate groups of girls that were walking in pairs," the prosecutor said outside court."And even though they were walking with a friend, it didn't deter him from literally walking up to them and sexually assaulting them and grabbing them against their will."T.H. testified during a preliminary hearing in January that she and her roommate, T.L., were walking near Montezuma Road and 55th Street, back to their apartment just after midnight last Aug. 29 when the defendant came up from behind and forcefully "grabbed my butt."T.L. testified that she noticed someone walking behind them before he began chasing them. "I said, You need to leave," T.L. testified. "He grabbed my hand and pulled me toward him. He pulled my shirt down and grabbed my breast."T.L. said she kicked the defendant and was able to break free. She and her roommate notified a security guard, who called campus police.The witness said Shewangizaw was wearing an "extremely distinctive" blue Hawaiian shirt and she and her roommate were able to identify him a short time later, after his arrest following another attack.Jane Doe 2 testified that she and Jane Doe 1 were on a pedestrian bridge near the Aztec Student Union, headed back to their dorm about 1 a.m., when she heard footsteps and was smacked on her "behind" by the defendant."I was livid. I said, What are you doing? Don't do that! He laughed it off." The witness said she kept walking and tried to ignore the defendant, but he followed and made a remark about her breasts before pulling her shirt down and putting his hands on her chest.Jane Doe 2 said Shewangizaw went to Jane Doe 1 and said, "How about you? What do you have?" Jane Doe 1 testified that Shewangizaw asked them if they were freshman and told them he was a junior at SDSU. The witness said she froze when the defendant grabbed her friend's breasts."I got really freaked out." She said Shewangizaw grabbed her breasts and buttocks and trapped her against a rail before laughing and walking away. Shewangizaw was arrested and bailed out of custody, but was re- arrested in connection with the alleged attempted rape at UC Riverside. 2844

SAN DIEGO (CNS) - An alleged drunken driver was going 121 mph when he caused a fiery freeway pileup that killed two men and seriously injured a woman on Interstate 15 last year, a prosecutor told jurors Tuesday, but a defense attorney claimed an off-duty San Diego police sergeant is actually to blame for the deaths.Jeffrey Brian Levi, 39, is charged with murder, gross vehicular manslaughter while intoxicated, hit-and-run and drunken driving, for the Jan. 2, 2018, deaths of 33-year-old Jesus David Dominguez and 19-year-old Isaac Felix, who were burned to death inside a Toyota Corolla that was struck at about 11:45 that night in the fast lane of northbound Interstate 15 near Miramar Road.Giovanna Dominguez -- Jesus Dominguez's sister and Felix's girlfriend - - was also a passenger in the Corolla. She survived but sustained broken bones and burns across her body.RELATED: Suspected drunk driver facing murder charge in fiery crash that killed twoDeputy District Attorney Andrew Aguilar told jurors in his opening statement of Levi's trial that the defendant rear-ended the Corolla, then walked away from the crash scene unscathed.The Corolla was left disabled in the fast lane with no lights on, its three occupants "sitting ducks" for an ensuing crash, Aguilar said.A short time later, a Ford Explorer driven by off-duty San Diego police Sgt. Raymond Rowe then struck the Corolla, which burst into flames and left Dominguez and Felix trapped inside the burning wreckage, while bystanders pulled Giovanna Dominguez out.The Ford Explorer overturned, coming to rest upside down, and Rowe was treated for minor to moderately serious injuries.Aguilar alleged that about three hours after the crash, Levi had a blood-alcohol content of 0.16%, which is twice the legal limit.Levi, who was charged with murder due to a 2007 misdemeanor DUI conviction, faces 40 years to life in prison if convicted.Defense attorney Amanda Waddle alleged that Rowe was "an unreasonable and negligent driver" who should be held liable for the deadly wreck. According to Waddle, Rowe was speeding, failed to wear his prescription glasses and was looking in his rearview mirror at the time of impact.Aguilar noted that Rowe often used his rearview mirror to spot anyone who might be trailing him from the police station to his home, a risk that Rowe potentially faced as a member of the department's gang unit.In addition to not paying attention, Waddle said that Rowe failed to use evasive maneuvers that were part of his police training."This was the direct result of that secondary, very violent crash where Sgt. Rowe was not paying attention to the roadway in front of him," Waddle said.The defense conceded that Levi was driving too fast in connection with the initial crash, but said "thankfully" there were no significant injuries as a result.Giovanna Dominguez -- who was expected to testify Wednesday -- did indicate during a preliminary hearing earlier this year that no one was injured as a result of the initial crash. She testified at the previous hearing that her brother and Felix remained strapped into their seats while trying to contact authorities, but she undid her seatbelt because she wanted to get out of the car and was afraid of being struck again. 3262
SAN DIEGO (CNS) - County supervisors voted 4-1 today to have the chief administrative officer direct the Health and Human Services Agency to develop a plan for in-house medical care of jail inmates and possible outsourcing of those duties as well.Sheriff Bill Gore will review the plan, and officials will also put out requests for proposals from private contractors to handle those duties.Supervisor Dianne Jacob made the motion to examine both an in-house model and outsourcing.``I don't think we should go with just one approach,'' Jacob said, adding she is a proponent of outsourcing county services, if it results in good service for less money.Gore has cited his department's million annual health care bill for inmates as a reason to explore cost-saving strategies. He asked supervisors to consider possible vendors for the county's health care needs in its jails and other facilities.Gore told supervisors that his goal was simply to get the best care at the best value, with an aging population of inmates and other serious issues.``I am proud of our response to these challenges, but I'm not one to assume that I have all the answer to these challenges,'' Gore said.Gore also objected to waiting 180 days for a staff appraisal of outsourcing. ``If it's a good idea in sixth months, it's a good idea today,'' he added.He also praised the 300 men and women who provide medical care to inmates as outstanding employees.Supervisor Nathan Fletcher, who is opposed to any privatization of services and proposed having HHSA handle inmate care, cast the lone no vote.Before the board voted, Fletcher said outsourcing to a for-profit entity would not lead to a better outcome.``As a board, we are the ones who are on the hook,'' in terms of lawsuits if an inmate doesn't get the appropriate care, Fletcher said. ``We should have input.''Fletcher asked the board to vote on his proposal to have the HHSA administer medical and behavioral health services in jails, but the motion died for lack of a second.Board Chairman Greg Cox said he was encouraged that HHSA would develop its own proposal.Cox praised both county medical employees and contractors for working in such a demanding field, but said the system right now is too bifurcated, adding that several legal items on Tuesday's closed-session agenda involved inmate care.Supervisors voted after a lengthy public hearing, in which nearly every person who called was opposed to private outsourcing. Health care workers mentioned low morale at some detention facilities, and the risks workers are taking during the COVID-19 pandemic.Most speakers identified themselves as members of Service Employees International Union, Local 221. 2697
SAN DIEGO (CNS) - Federal authorities said today that a woman who fled federal custody and ran into a crowd of protesters was later taken to a hospital after she became distressed during the confrontation.The incident occurred Saturday in the 220 block of West C Street near the gate into the Western Region Detention Center. The woman's escape and the following confrontation between federal agents and protesters was captured on video and widely shared on social media, garnering over 15,000 views as of Monday.According to the San Diego office of the FBI, the woman -- who was arrested on suspicion of dealing methamphetamine, heroin, and fentanyl -- opened the rear passenger door of an unmarked car while handcuffed.She then allegedly ran into a nearby crowd that was protesting police brutality. Agents pursued the woman and regained custody, while the crowd of protesters surrounded the agents and the woman, the FBI reported.Protesters then confronted the two agents who pursued the woman, officials said. Video recording shows a crowd of around 50 protesters attempting to separate the woman from the FBI agents by pulling at her and the agents, until the woman becomes distressed and suffers a seizure.Protesters then encircled the woman and blocked the agents from her. A member of the protesting group designated as a medic then assists the woman, according to the video.The two agents, who wore civilian clothes, walked back to their car near the San Diego jail and called for medical assistance, the federal authorities reported.Paramedics responded to the scene along with a large police presence, which separated protesters from the woman. She was then taken to a local hospital, the FBI said.According to federal investigators, the woman's initial arrest was not related to the nearby protest. She had been arrested by the San DiegoCounty Sheriff's Department on suspicion of conspiracy to distribute meth, heroin and fentanyl to a 2019 federal gang and narcotics case. The FBI has opened an investigation into the incident. 2049
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