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SAN DIEGO (CNS) - A drunken driver who went the wrong way and crashed head-on into another car in 4S Ranch, killing the other driver, was convicted Wednesday of gross vehicular manslaughter while intoxicated and DUI causing injury.Jurors deadlocked on a second-degree murder count against Alexandria Bayne, but will return Thursday to resume deliberations in hopes of reaching a consensus. The 37-year-old defendant was charged with murder due to two previous DUI convictions from 2005 and 2008.The panel deliberated two days before returning the vehicular manslaughter and DUI verdicts, and acquitted Bayne of four child endangerment counts involving allegations that she drove drunk earlier in the day while her children were riding in her minivan.RELATED: Fatal 4S Ranch DUI suspect breaks down in tears when husband testifies in hearingOn Thursday, the jury will hear a read-back of closing arguments and receive clarifications on the legal definitions of certain terms such as "intentionally" and "deliberately," which were cited as a source of contention in jury notes submitted to San Diego County Superior Court Judge Robert F. O'Neill.Sarita Shakya, a 38-year-old Scripps Mercy Hospital nurse, was heading home from work the afternoon of Dec. 17, 2016, on Camino Del Norte when her car was struck head-on by the defendant's vehicle.Deputy District Attorney Cally Bright told jurors in her opening statement that Bayne had been drinking alcoholic beverages throughout the day, starting that morning. The defendant and her attorney conceded she'd been drinking but was not drunk when she was behind the wheel. Though she testified that she had eight drinks throughout that day, she told the jury she simply made a mistake when she turned into opposing traffic lanes on Camino Del Norte.RELATED: Tears at preliminary hearing in suspected DUI fatal crashBayne's attorney, Michelle Hunsaker, contended that Bayne made that mistake because she was distracted by family issues, as well as her cell phone.Prosecutors said her blood alcohol content was measured at between .32 and .33% -- the legal limit is .08% -- after the crash.Hunsaker disputed that testing result, saying Bayne's alcohol consumption "just doesn't line up" with the .33% BAC alleged by the prosecution. She also said Bayne had encountered several people throughout the day and did not appear intoxicated.RELATED: Woman killed by suspected drunk driver in 4S Ranch identified"We are not discounting the magnitude of the loss of Ms. Shakya and take full responsibility for that collision. But distraction does not equal murder," Hunsaker said.Shakya's husband, Peter Chen, testified that his wife typically returned home sometime after midnight each night following her shift at the hospital. When she didn't show up, he called her supervisor, who didn't know why Shakya might be late.Hours later, he received the bad news."I couldn't believe what had happened," Chen said, calling it "the worst day of my life." 2990

SALTON SEA, Calif. (KGTV) - Four years ago a 10News crew traveled to Bombay Beach on the eastern side of the Salton Sea. This once thriving resort community is littered with abandoned homes and some of the 200 plus residents who still live there struggle to get out. People like the man who would only identify himself as “Bucky.”"We own two houses. We can't replace what we have into them,” says Bucky.  “Basically we're stuck. Me and my wife talked about it a couple of weeks ago I said, 'You know we're gonna die here.'"Bucky is like so many who call the Salton Sea home. They feel forgotten, hopeless, and helpless. In 2003 California Legislators promised to restore the dying sea and its vital ecosystem with almost -billion. But that promise, like so many others since, was broken to the people who live here.But two years ago Governor Jerry Brown allocated a mere -million in an attempt to avoid an enormous environmental disaster. That may seem like a lot of money, but as Senator Ben Hueso, whose district encompasses the Salton Sea explains, “-million is a drop in the bucket” for a problem of this size.        So, four years later our 10News crew decided to return to the Salton Sea to see how residents who live there are managing their lives and what that -million is being used for. We were surprised to find not much has changed. In fact, very little money has been spent, the situation is rapidly getting worse, and the people who live there fear more broken promises.There is no denying the Salton Sea is disappearing."This is the water line previously,” says Tony May who owns several houses near the shoreline in Salton City.May points to the back edge of his yard and down to a dusty beach below where water from the Salton Sea used to lap up on his property.“It was right here as of 1993,” explains May smiling remembering a time when the property was right on the water.Today the water line is no less than 300 yards away and separated by a dusty playa scattered with dead fish and a foul-smelling body of water that once was a prime resort for fishing and waterskiing.  And, it's only getting worse. The sea is shrinking more rapidly now that flows from the Colorado River were officially cut off at the beginning of 2018. Within years thousands of acres of seabed, like that behind Tony May’s home will be exposed. The waterfront property is now only a dream to May, the boat docks are entirely useless, and 300 yards of seabed that used to be 10 feet underwater, are now just a dusty beach. Playa that according to the Salton Sea Authority contains toxic chemicals like selenium, arsenic, and DDT. Tony and many others who live and work here, claim the dust from that dry beach is what's causing their respiratory issues."They can't breathe anymore, they're getting asthma,” says May.  “They never had asthma. I talk to the employees in town and they say the more that sea dries out the more it effects our health."The Salton Sea will never return to its riviera prime. The concern now is not so much saving the sea, but instead averting disaster by creating wetlands to control the dust storms.“Because it's a major problem. It's a very big problem," says Senator Ben Hueso from California’s 40th District and home to the Salton Sea.Senator Hueso has been fighting an uphill battle for this region for almost a decade."What is going to happen should this sea begin to dry up? We're going to see that exacerbate," says Hueso. "Right now Imperial County has cities with the poorest air quality in the country. Highest asthma rates in the country. The price tag of doing nothing to fix the Salton Sea is going to be costlier than actually putting some resource into fixing it."The price tag has always been a problem for the Salton Sea dating back 15 years. State officials promised to restore the Sea in 2003 with .9-billion. That promise, like many others for this region, was broken.In 2016 a mere million was allotted by Governor Brown in his budget, with promises of millions more to come. -million of that money would go towards staff and consultants to fix the Salton Sea. The remaining -million would go to actual construction. But two years later only million has been spent on staff and consultants according to Bruce Wilcox who is Assistant Secretary and an Ecologist with the Salton Sea Policy. Not a dime has been spent on construction of wetlands to mitigate the blowing dust. "This is the old marina.  And probably this is one of the most visually enticing places to see how far the water has receded," says Frank Ruiz with Audobon California looking over a desolate landscape that was once the thriving Salton City Marina.Ruiz’ job is to monitor the migratory birds who travel through the Salton Sea along the Pacific Flyway which stretches from Alaska to Patagonia at the southernmost tip of South America, shared by Argentina and Chile. "We should not wait until the crisis is on top of us. Because then the cost of inaction will be way too high,” adds Ruiz.A study conducted by the Pacific Institute estimates the cost of doing nothing with the Salton Sea could reach as little as -billion if nothing is done and possibly as much as -billion. Ruiz has watched the sea recede for years and says he fears the growth of respiratory issues, not just for those who live in this region but eventually as far away as San Diego. He's also witnessed a massive decline of migratory birds, which play a huge role in the ecology of the region."I think birds and wildlife are good indicators of how good or how bad your environment is. If the birds go, if the wildlife go, we will go next."If that’s true, as Senator Hueso mentioned, that -million absolutely will be a drop in the bucket. 5836

SAN DIEGO (AP) — The red-hot San Francisco Giants keep playing — and winning — extra-inning games.Pablo Sandoval homered with two outs in the 11th and the Giants beat the San Diego Padres 2-1 Friday night for their 18th victory in 22 games.Sandoval's drive on a 1-2 pitch from Logan Allen (2-3) just cleared the wall in left field. It was his 13th. He entered as a pinch-hitter in the ninth, when he hit a leadoff double, and stayed in at third base."It doesn't get any bigger than that, what he did," San Francisco manager Bruce Bochy said. "It's another hard-fought game. These guys seem to like that, going overtime here."The Giants have won six extra-inning games in their last 10 contests and seven in their past 15 since the All-Star break."It tells me that we have a great bullpen," said starter Jeff Samardzija, who pitched six strong innings. "To win extra-inning games, you've got to be throwing up zeros with guys that obviously aren't starters. I know our starters have pitched well to make sure we've given these guys some time off, but they've gone out there and been so efficient and so solid with their work that they've made these extra-inning games not be too taxing on them and haven't taxed our bullpen too much because they've been so good."We'll keep trying to eat up innings as starters, but tell you what, winning close games is some of the best things you can do for a whole season when it comes to momentum and feeling good about yourselves and being confident in those situations going forward."The Giants have won four straight games against San Diego at Petco Park in July, part of a surprising surge that has helped them jump into the NL wild-card race.The Padres have lost eight straight home games. They were coming off a 3-6 trip.Mark Melancon (4-2) struck out two in a perfect 10th for the win. All-Star closer Will Smith pitched the 11th for his 25th save, getting Eric Hosmer to hit into a game-ending double play.Giants center fielder Kevin Pillar made a nice running catch of Wil Myers' deep fly ball for the second out of the ninth.San Diego's Austin Hedges tied the game at 1 with a home run off Jeff Samardzija into the balcony on the third level of the Western Metal Supply Co. Building in the left field corner with one out in the fifth, his eighth.Samardzija and Padres left-hander Joey Lucchesi each pitched six strong innings. Samardzija allowed one run and four hits while striking out six and walking three. Lucchesi yielded one run and two hits while striking out eight and walking four."Just not a good offensive performance by us," Padres manager Andy Green said. "We've just got to put runs on the board. It's really simple. Just not enough quality at-bats today against Samarjdzija. He's a veteran pitcher whose stuff was moving quite a bit today. We didn't make the necessary adjustments and get to him."Lucchesi retired his first six batters before walking Tyler Austin leading off the third. Austin stole second and scored on Donovan Solano's double to the center field wall.Lucchesi got into and out of trouble in the fifth, loading the bases with no outs before retiring the side by striking out Samardzija, getting an infield fly call on Donovan Solano's popup and then inducing Brandon Belt to ground out to shortstop. 3286

SACRAMENTO, Calif. (KGTV) -- Governor Gavin Newsom is proposing withholding gas tax funding for cities that don’t build enough housing. The proposal, released Monday, sets higher short-term housing goals that cities and counties would be required to meet. If housing goals aren’t met, “Local Streets and Roads funds may be withheld from any jurisdiction that does not have a compliant housing element and has not zoned and entitled for its updated annual housing goals.”RELATED: California lawmakers want 0 billion toward clean energy, would pay with gas tax fundsIf passed, the plan would withhold gas tax funding for road repairs beginning on July 1, 2023. “Our state’s affordability crisis is undermining the California Dream and the foundations of our economic well-being,” said Governor Newsom. “Families should be able to live near where they work. They shouldn’t live in constant fear of eviction or spend their whole paycheck to keep a roof overhead. That’s increasingly the case throughout California.”According to a news release, the proposal would provide 0 million in support and incentives to help plan and zone for increased housing goals. SB1 was signed into law by Governor Jerry Brown and increased the gas tax by 12 cents per gallon and registration fees by as much as 5. In November of 2018, an effort to repeal the gas tax increase, Proposition 6, failed to pass in a statewide vote. 1421

SAN DIEGO — It's a nerve-racking place: on stage, behind the mic, looking out at a sea of people waiting for your punch line.The Comedy Palace in San Diego sees many comedians but not like the one who performed Friday night."It was something I thought about even in college but lacked the courage to do it," said Michael Schmid. "I always loved to make people laugh."Schmid always had the passion, but it was a recent visit to the doctor that gave him the courage he had been lacking."If not now, when?" Schmid said.Three years ago, he was diagnosed with primary lateral sclerosis, a condition similar to amyotrophic lateral sclerosis, or ALS."It had spread to my upper body and becoming more quadriplegic," Schmid said.One month ago, he made the toughest decision of his life."The most difficult thing I ever had to do in my life was to talk to my children about ending my life," he said.Schmid says he will end his life on December 27, citing severe pain. He shared the date with one of his favorite comedians, along with a dream and a request for help."My initial response was 'We're going to make this happen,' " said Lisa Alvarado.Alvarado talked with some friends in the industry to see if they'd help make Schmid's dream of performing come true."I'm talking comics with Netflix specials, Comedy Central specials," Alvarado said.In one month, the group developed a 15-minute standup comedy routine for Schmid to deliver Friday night. Many of the professional comedians were in the audience as Schmid performed in his wheelchair with Alvarado holding his microphone.After the performance, Schmid's father made his way to the stage to give his son a hug."I never expected him to do that and show the world we're close," said Schmid.Schmid's ex-wife and his four children were also in the audience."No matter how crappy of a hand he's been dealt, he's taken it with a joke," said Schmid's son Joshua.Schmid is grateful he had a chance to laugh."I want my friends and family to have at least that memory when I'm gone," Schmid said. "Do not just give up where you're at ... always strive and reach for something else.""Even if it is the end of your life," he said, "you can be more than you are right now." 2256