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LOS ANGELES (CNS) - The captain of the Conception, a Santa Barbara- based dive boat that caught fire last year near Santa Cruz Island, resulting in the deaths of 33 passengers and one crew member, was indicted today by a federal grand jury in Los Angeles on 34 counts of seaman's manslaughter.Jerry Nehl Boylan, 67, of Santa Barbara, was named in the indictment that alleges Boylan, as the captain and master of the vessel, ``was responsible for the safety and security of the vessel, its crew, and its passengers.''Each of the 34 little-used seaman's manslaughter counts carries a penalty of up to 10 years in federal prison, according to the U.S. Attorney's Office.Federal prosecutors informed Boylan's attorneys of the indictment after it was filed, and the defendant is expected to self-surrender to federal authorities in the coming weeks.The indictment alleges that Boylan caused the deaths of 33 passengers and one crew member -- including two Santa Monica residents -- ``by his misconduct, negligence, and inattention to his duties.''Marybeth Guiney and Charles McIlvain, diving enthusiasts who lived in the same Santa Monica condominium complex, were among the nearly three dozen people trapped aboard the Conception when it sank amid a three-day Labor Day weekend diving trip to the Channel Islands.The indictment cites three specific safety violations: failing to have a night watch or roving patrol, which was required by the Code of FederalRegulations and for over 20 years was a requirement in the Conception's Certificate of Inspection issued by the U.S. Coast Guard; failing to conduct sufficient fire drills, which are mandated in the CFR; and failing to conduct sufficient crew training, which was also required by the CFR.The 75-foot, wood-and-fiberglass passenger vessel docked in Santa Barbara Harbor. On what would be its final voyage, the boat carried 33 passengers and six crew members.During the predawn hours of Sept. 2, 2019, a fire broke out while the boat was anchored in Platt's Harbor near Santa Cruz Island. The fire, which engulfed the boat and led to its sinking, resulted in the deaths of 34 people who had been sleeping below deck. Boylan was among five crew members who were able to escape.``As a result of the alleged failures of Captain Boylan to follow well- established safety rules, a pleasant holiday dive trip turned into a hellish nightmare as passengers and one crew member found themselves trapped in a fiery bunk room with no means of escape,'' said U.S. Attorney Nick Hanna.``The loss of life that day will forever impact the families of the 34 victims. With this indictment and our commitment to vigorously prosecute the case, we seek a small measure of justice for the victims and their loved ones.''The fire aboard the Conception is one of California's deadliest maritime disasters, prompting criminal and safety investigations. The families of victims have filed claims against the boat owners, Glen and Dana Fritzler and Truth Aquatics, and the Fritzlers and the company, in turn, filed a legal claim to shield them from damages under a maritime law that limits liability for vessel owners.The families' suits allege that the 41-year-old Conception was in blatant violation of numerous Coast Guard regulations, including failing to maintain an overnight ``roving'' safety watch and failure to provide a safemeans for storing and charging lithium-ion batteries, and that the below-decks passenger accommodations lacked emergency exits.``Nothing will ever replace the 34 lives that were lost in the Conception tragedy,'' said Special Agent in Charge Kelly S. Hoyle of the Coast Guard Investigative Service-Pacific Region. ``Our hearts remain with the families as the Coast Guard continues to work with our partners in the Department of Justice on this investigation.'' 3828

LOS ANGELES (CNS) - Los Angeles County has reported 5,014 new cases of COVID-19 and 16 additional deaths, bringing the county's totals to 395,843 cases and 7,639 deaths as sweeping new health orders intended to halt the recent surge in cases go into effect.The number of county residents hospitalized with the virus rose from 1,951 Saturday to 2,049 Sunday, surpassing the 2,000 mark for the first time since the summer. Of those hospitalized, 24% are in intensive care.Health officials are urging people to stay at home as much as possible over the next three weeks."We have done this successfully before and we can do it again," County Public Health Director Barbara Ferrer said of efforts to stem the surge in new cases, deaths and hospitalizations.The new measures that go into effect Monday will remain until at least Dec. 20, according to the Los Angeles County Public Health Department.The additional safety modifications include the following changes to the existing Health Officer Order:-- Gatherings: all public and private gatherings with individuals not in your household are prohibited, except for church services and protests, which are constitutionally protected rights.-- Occupancy limits at various businesses; all individuals at these sites are required to wear face coverings and keep at least 6 feet of distance from others:-- Essential retail: 35% maximum occupancy;-- Nonessential retail (includes indoor malls): 20% maximum occupancy;-- Personal care services: 20% maximum occupancy;-- Libraries: 20% maximum occupancy;-- Fitness centers operating outdoors: 50% maximum occupancy;-- Museums galleries, zoos, aquariums, botanical gardens operating outdoors: 50% maximum occupancy;-- Mini-golf, batting cages, go-kart racing operating outdoors: 50% maximum occupancy;-- Outdoor recreation activities all require face coverings (except for swimming) and distancing: Beaches, trails and parks remain open; gatherings at these sites with members outside your household are prohibited. Golf courses, tennis courts, pickleball, archery ranges, skate parks, bike parks and community gardens remain open for individuals or members of a single household. Pools that serve more than one household may open only for regulated lap swimming with one person per lane. Drive-in movies/events/car parades are permitted provided occupants in each car are members of one household.-- Schools: All schools and day camps remain open adhering to reopening protocols. K-12 Schools and Day Camps with an outbreak (3 cases or more over 14 days) should close for 14 days.-- Closed nonessential businesses/activities: Playgrounds (with the exception of playgrounds at childcare centers and schools; card rooms;-- Restaurants, bars, breweries and wineries remain closed for in- person dining and drinking because of the high rates of transmission in the community, as customers are not wearing face coverings, which results in an increased chance of transmission of the virus.-- Restaurants, wineries and breweries remain open for pick-up, delivery and take-out. Breweries and wineries remain open for retail sales at 20% occupancy.Ferrer said Saturday the protocols for professional sports teams in the county would not change. "They are and will remain spectator-free."As for college sports, "We align with the state's collegiate sports directive. Should the state change, we at the local level will change."Ferrer said officials knew this surge was coming, but "None of us really thought the increase would be so big, across such a short period of time."She added that with a vaccine expected to be approved for distribution shortly, "the light is there at the end of the tunnel ... but we've got to get there."According to county estimates released earlier this week, every COVID- 19 patient in the county is passing the virus to an average of 1.27 people -- the highest transmission rate the county has seen since March, before any safety protocols such as face coverings and social distancing were in place.Based on that transmission rate, health officials estimate one of every 145 people in the county are now infected with the virus and transmitting it to others."This doesn't include people that are currently hospitalized or isolated at home," county Health Services Director Dr. Christina Ghaly said. "This is the estimate of people that are out and about and infecting others. They may not know they're infected. They may know they're infected and not be isolating. But they're out there and they're exposing other people to the virus."Ghaly said the number of people hospitalized due to the virus has jumped by 70% in the past two weeks, with the county now averaging about 300 new admissions daily."Based on the current estimate for (the virus transmission rate) and assuming that there's no change in people's behavior that would affect transmissions, there will likely be shortages in the number of hospital beds, and especially in ICU beds or intensive-care unit beds, over the next two to four weeks," she said.Ghaly noted that given the current transmission rate, the number of hospitalized patients could double in two weeks, and quadruple in a month. She said hospitals have "surge" plans to increase the number of beds, but the availability of health care workers to staff those beds and treat patients is more limited. 5345

LOS ANGELES (AP) — A new rule approved by the California Horse Racing Board means jockeys competing in the state won’t be allowed to strike a horse more than six times during a race and then only in an underhanded position. The rule would allow no more than two strikes in succession using whips that must meet new board standards to soften the blows. The board voted 4-2 to approve the rule. Retired Hall of Fame jockey Alex Solis was one of the dissenters. 466

LITTLETON, Colo. — Watch out! A Grinch is tip-toeing around outside windows of unsuspecting children, to bring delight and a moment of joy this holiday season.In a neighborhood full of Christmas cheer, the Grinch was ready to strike with fear. He didn’t exactly attempt to hide as the children sat inside.Dressed from head-to-toe as the Grinch, Ethan Hecker, 14, banged on the window of a home and was met with laughter and joy, but little did they know, he was there to steal their Christmas cheer.“My goal is to scare the kiddos, let them have some fun,” Hecker said.Allison Hecker, Ethan’s mom, came across a post online of a girl dressed up as the Grinch scaring kids and moving things around in the yard. Ethan says as soon as he saw it, he knew he wanted to do it himself and begged his mom for the costume.“Ethan loves the theatrics and kids and it was perfect,” she said.Hecker ordered the costume and it arrived on Monday. That same day, they posted on social media.“He is asking per visit--he will spend 5-7 minutes creeping around the outside of your home while your kids scream with excitement (or fear),” the Facebook post read.Hecker says they were flooded with requests for the Grinch to stop at homes and birthdays.“We’ve had 10 (bookings), so far and he has about 50-55 booked,” she said.The money Ethan raises will go into savings and help him buy a car. He’s only 14 years old but wants to be ready when it’s time to get his license.Sarah Quinn saw the post online and booked the Grinch to surprise her kids.“I thought it would be a really great way for us to support him and also do something fun for the kids this year when we are limited on doing a lot of our other normal holiday activities,” Quinn said.“2020 sucked for everybody and this is a good way for him to bring some joy in a safe way,” Hecker said.On a bitter night, the sound of pure and priceless laughter fills the air.“They’re super excited, my 5-year-old especially, he’s going to have a really hard time going to bed tonight,” Quinn said.Naughty or nice, you better watch out; the Grinch may drop by.“I’m hoping to do this for the next two years,” Ethan said.So far, Ethan has raised about 0 for his car after paying his mom back for the costume.This story originally reported by Adi Guajardo on TheDenverChannel.com. 2322

LOS ANGELES (CNS) - A much-debated gas tax hike billed as raising billions of dollars a year for statewide transportation improvements will remain in place, with voters rejecting a ballot measure that would have repealed the increase.Proposition 6 would have repealed the hikes that took effect in November 2017, raising the tax by 12 cents per gallon for gasoline and 20 cents per gallon for diesel fuel. The increases included in Senate Bill 1, the Road Repair & Accountability Act of 2017, are projected to raise .2 billion a year, with the money earmarked for road and bridge repairs.Gas tax opponents gathered more than 640,000 petition signatures across the state in an initiative drive to put the repeal effort on the ballot. The drive was spearheaded by former San Diego City Councilman Carl DeMaio, and it was funded in part by Republican gubernatorial candidate John Cox.YOUR VOICE YOUR VOTE: See results of key races"The cost of living is already on the increase in California and families are struggling to survive. This is unacceptable," DeMaio said earlier this year of the gas tax hike. DeMaio and other Prop 6 backers contend that under the gas tax and vehicle registration fee hikes, the average family of four can expect to pay almost 0 more this year alone. A ballot argument co-authored by Cox in favor of Proposition 6 dismisses contentions that the gas tax funding is critical to fixing the state's roads and improving transportation in the state. "Don't be fooled by opponents who claim there is no money to fix roads if Prop 6 passes," the ballot argument states. "If the transportation- related taxes and fees we already paid before this new tax increases took effect were spent on transportation, the state would have .6 billion annually for transportation needs, without raising taxes."Opponents of the measure blasted the proposition, insisting that repealing the gas tax would eliminate funding for transportation projects statewide. In Los Angeles, a recent City Administrative Office report estimated that eliminating SB1 funding would cost the city .5 million in funding this fiscal year alone, while the county could lose more than billion.Gov. Jerry Brown, who championed the gas tax, has been vocal in his opposition to Proposition 6."The test of American strength is whether we defeat this stupid repeal measure which is nothing more than a Republican stunt to get a few of their losers returned to Congress," Brown said during a recent event at Los Angeles Union Station. "And we're not going to let that happen." 2585