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SAN DIEGO — San Diego County is falling into the state’s most restrictive tier of Coronavirus restrictions, just as holiday shopping season kicks off.Under the purple tier, retailers are limited to 25 percent capacity in their stores, down from 50 percent that they had been operating under.Ariel Hujar, who owns the Whiskey and Leather boutique at One Paseo, stocked up on all sorts of gifts for the holidays, including books, cocktail shakers and card games.“We prepare, we buy extra so if we don't sell it during this time it's really hard on us,” she said.The new tier is the latest turn in a topsy turvy year that has seen retailers go from curbside pickup only to 50 percent in store capacity, cut to 25 percent. The new tier takes effect at midnight Saturday "It doesn't help me to be angry about the loss of business," said Nancy Warwick, owner of Warwick's bookstore in La Jolla. "What we can do is just do our best right now and hope that customers still support us."At Grossmont Center's Prevue Formal and Bridal, General Manager Caitlin Todd said walk-ins could soon have to be turned away. While bridal sales are up, sales of prom dresses are down 90 percent.“It's been kind of just hanging on tight and figuring it out day by day,” Todd said. “We do have to create a new way of setting up our store, but that's just what everyone's used to doing now - changing everything."Miro Copic, a marketing professor at San Diego State University, said social media marketing and offering discounts of even 5 to 10 percent could make the difference.“For some of these retailers it will be a decision between life and death, of, will their business go forward, and are they willing to break even to ensure that they continue, versus trying to make sure they eke out a profit,” he said.The state says jobs in the county's general merchandise retail stores are down about 12 percent from a year ago. 1908

SAN DIEGO (CNS) - A 48-year-old man riding a motorized bike may not survive the major injuries he sustained when he crashed into a vehicle Friday evening in the Grantville area of San Diego, authorities said.The victim was riding a motorized GT bike in the 6500 block of Mission Gorge Road about 7:55 p.m. when he attempted to cross from the west side of the street to the east side and crashed at a nearly 90-degree angle into the passenger side of a gray 2014 Subaru traveling northbound in the No. 2 lane, causing the bike to overturn, according to Officer Robert Heims of the San Diego Police Department.The victim was taken to a hospital with major blunt force trauma and his survival was in question, Heims said.Alcohol was not a factor in the crash, he said.The SDPD Traffic Division investigated the accident. 825

SAN DIEGO (AP) — A military judge on Friday refused to dismiss the murder case of a decorated Navy SEAL, but found the prosecution's meddling in defense lawyer emails troubling enough to reduce the maximum penalty he faces.Capt. Aaron Rugh said an effort to track emails sent to lawyers for Special Operations Chief Edward Gallagher violated constitutional rights against illegal searches and the right to counsel by interfering with attorney-client privilege."It hampered the defense's opportunity to prepare for trial as they became necessarily enmeshed in discovery and litigation related to the operation, thereby harming the accused's right to competent counsel," Rugh said.RELATED: Judge refuses to toss war crimes case over misconduct claimsThe action also harmed the public's view of the military justice system and cast doubt on Gallagher's ability to give a fair trial, Rugh said.The ruling was the latest rebuke in one of the Navy's most prominent war crimes cases and came just days after the judge removed the lead prosecutor as the defense sought dismissal of the case for alleged misconduct in what they characterized as "spying."Rugh found the intrusion "placed an intolerable strain on the public's perception of the military justice system."RELATED: New date set for Navy SEAL murder trial"Applying its broad discretion in crafting a remedy to remove the taint of unlawful command influence," Rugh said he would remove the maximum penalty of life imprisonment without parole if Gallagher is convicted of premeditated murder. Gallagher could now face life in prison with a chance of parole.To relieve the "strain of pretrial publicity," Rugh also said he would allow the defense to reject two more potential jurors without cause during jury selection.Gallagher is scheduled to go to trial June 17 on murder and attempted murder charges.RELATED: Military judge releases Navy SEAL accused of murder before his trialNavy spokesman Brian O'Rourke said the Navy vows to give Gallagher a fair trial.On Monday, Rugh removed the lead prosecutor, Cmdr. Christopher Czaplak. He said it was not within his power to determine whether Czaplak engaged in misconduct, but the potential for a probe into his actions could present a conflict and required his removal.It is extremely unusual for a military judge to remove a prosecutor only days before the start of a trial. Gallagher had been facing trial on Monday until Rugh delayed it for another week.RELATED: Judge removes prosecutor from Navy SEAL war crimes caseLast week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors in the middle of a hearing on several defense motions.Rugh rejected allegations that prosecutors withheld evidence that could help his defense.The military justice system has won few war crime convictions and been criticized for being ineffective.Republicans in Congress have lobbied for Gallagher, saying he has been mistreated. President Donald Trump intervened to move Gallagher to less restrictive confinement in March and has considered dismissing the charges.RELATED: SEAL's trial delayed as defense seeks info on email snoopingGallagher pleaded not guilty to a murder charge in the death of an injured teenage militant in Iraq in 2017 and to attempted murder in the shooting of two civilians from a sniper's perch.He blames disgruntled platoon mates for fabricating complaints about him because they didn't like his tough leadership.Defense lawyers for Gallagher and his commanding officer, Lt. Jacob Portier, have said most of the court documents leaked to reporters have hurt their clients, so the sources are likely on the government side. But Rugh found no evidence of that.Portier has denied charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the militant's corpse.Rugh indicated he was misled about the effort to embed code in emails sent to the defense team and a journalist to track where those messages were sent to find the source of leaks that have plagued the case.He said he didn't have the authority to approve such a tactic and was led to believe Czaplak was working with federal prosecutors so his consent was not necessary.Rugh said he learned Friday that the U.S. attorney's office in San Diego had not approved or coordinated the tracking, defense lawyer Tim Parlatore said.Evidence at hearings last week showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three civilian lawyers and a Navy Times journalist who has broken several stories based on documents that are only to be shared among lawyers in the case.Parlatore, who was among the lawyers investigated, accused prosecutors of a "rogue, relentless, and unlawful cyber campaign" that may have violated attorney-client privilege and hurt his client's ability to get a fair trial.Czaplak downplayed the move, saying the code embedded in emails recorded nothing more than what marketers use to find out where and when messages were opened by recipients.The government said the investigation did not find the source of leaks. 5167

SACRAMENTO, Calif. (KGTV) -- Republican California State Senator Brian Jones is behind a new bill that, if passed, would change the way military retirement pay is taxed. The bill, titled SB 1071, would exempt military retirement pay from the state’s income tax. According to Jones, California is one of only seven states that fully taxes military retirement pay. Other states include Montana, New Mexico, Rhode Island, Utah, Vermont, and Virginia. RELATED: 50th District candidates debate housing, job growth, taxes"Our state should be encouraging military retirees to make California their home rather than driving them to other states," Jones said."The men and women who served our country earned every dollar of their retirement pay and states should not be trying to tax it. This measure is the right thing to do and will help keep veterans and their families in California."Jones coauthored the bill with Senators Scott Wilk (R-Santa Clarita), Bob Archuleta (D-Pico Rivera) and Pat Bates (R-Laguna Niguel).The bill comes as Jones makes a bid for the 50th Congressional District. 1092

SAN DIEGO — When it comes to takeout and delivery, breakfast food just doesn't really cut it.That's a problem for Johan Engman and his Rise and Shine Restaurant group, with the flagship Breakfast Republic."Imagine an eggs Benedict, a poached egg with hollandaise sauce. It doesn't travel that well," Engman said Tuesday.Sales are down more than 90 percent and 450 employees were just furloughed amid the lockdown."It's heartbreaking, but what makes it even worse is that we're in the holiday season," Engman said.But instead of simply giving up and hoping for another round of stimulus, Engman is keeping a couple extra workers on at Breakfast Republic's Mission Valley location - preparing what could turn into hundreds of free meals everyday for impacted workers or anyone in need - no questions asked."I mean, we're hemorrhaging money, but I think when the going gets tough, that's when you need to show character," Engman said.Two years ago, Rise and Shine Restaurants created a nonprofit that got a dollar for every sold breakfast burritos, one of the most popular items. That money has, for instance, been used to make thousand-dollar donations to other nonprofits nominated by customers.And during the march lockdown, the nonprofit bought ,000 worth of meals for the public - about 6,400, and it has about that much cash left this time."We have a little chunk of money there that we want to put to good use," Engman said.And while breakfast is in the name - it's not breakfast being served for free. Instead, it's comfort food - like meatloaf, chicken and lasagna.The meals are given out daily at Breakfast Republic's Mission Valley location, at 1570 Camino de la Reina, from 8 A.M. To 2 P.M. 1710

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