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SAN DIEGO (CNS) - A complaint was filed Friday on behalf of an asylum-seeking Honduran family -- which includes a newborn U.S. citizen born in Chula Vista -- that was sent across the border to Mexico to await asylum proceedings two days after the child's birth.All four family members, including the newborn who lacks legal immigration status in Mexico, were ordered across the border by Border Patrol agents, according to the joint administrative complaint filed by the American Civil Liberties Union and Jewish Family Service.The organizations have asked the U.S. Department of Homeland Security Office of Inspector General to conduct an investigation into the family's case. They say the family should have been allowed a legally required non-refoulement interview regarding the family's fears of being sent to Mexico.Reached for comment, a CBP spokesperson said, "As a matter of policy, CBP does not comment on pending litigation. However, lack of comment should not be construed as agreement or stipulation with any of the allegations."The complaint alleges the family -- father, pregnant mother and 9-year- old son -- fled Honduras about a year ago and turned themselves in at the U.S.-Mexico border in San Diego on June 27, one day before the mother gave birth to her son. As she was giving birth at Scripps Mercy Hospital in Chula Vista, her husband and son were not told which hospital she was taken to and were ordered back across the border, according to the complaint.After giving birth on June 28, the mother was "interrogated" by Border Patrol agents, according to the complaint, which says the woman asked the whereabouts of her husband and older son but was not given any information by the agents.The ACLU and Jewish Family Service allege the family should have been provided a non-refoulement interview, with both father and mother expressing fears about being returned to Mexico, but instead the mother and newborn were forced across the border on June 30.The complaint also alleges the family tried to enter the United States in March near the U.S-Mexico border in Texas and stated fears over being turned back to Mexico, but were also turned away without being provided a non-refoulement interview. They were told to return weeks later for an immigration hearing, but COVID-19 led to a postponement of their court date.While forced to wait in Mexico, the complaint alleges the family was "accosted and detained by a group of armed men who attempted to extort them."The family is now staying in a rented room in Tijuana, "and neither the newborn, nor his mother, has received any medical care since the birth," in contradiction of guidance from Scripps Mercy Hospital to have follow-up visits with doctors, according to the ACLU and Jewish Family Service."This family should have been granted release into the U.S. to await their asylum proceedings, as the Department of Homeland Security has done with more than 23,500 individuals -- all in family units -- over the past 1.5 years across the San Diego border region," said Luis M. Gonzalez, supervising immigration attorney with Jewish Family Service. "We urge Homeland Security to grant this family entry into the U.S. immediately to keep the family together and allow for adequate care for the U.S. citizen newborn child and for the mother's postpartum medical care."The complaint alleges that not providing the family with a non-refoulement interview violates U.S. law and Department of Homeland Security policies. The organizations demand the family be paroled together in the United States while they await asylum proceedings."This case reflects many of the lived horrors of both the so-called `Migrant Protection Protocols' and Border Patrol impunity," said Mitra Ebadolahi, an ACLU senior staff attorney. "No family should have to endure what this family has experienced. Together with Jewish Family Service, we are demanding a full investigation. The agency must be held to account for its disregard of basic human rights and its policy and legal transgressions." 4050
SALT LAKE CITY, Utah — A Utah family that ordered free coronavirus masks through a state program say they were sent politically-charged face coverings featuring a handgun and a controversial slogan.Christine Passey-Spencer of Rose Park says she ordered the masks through a sate program, "A Mask for Every Utahn." Since April, the campaign has used federal COVID-19 money to purchase more than 2 million masks from local and international manufacturers to limit the spread of the virus."I was just shocked," Passey-Spencer said.The two masks feature an American flag with a handgun printed across the front. The face coverings also feature the slogan "Don't Tread on Me," written below a coiled rattlesnake."I think the thing that bothered me most is that I knew my tax dollars paid for this, and this is very politically-charged speech," Passey-Spencer said.The Gadsden Flag — the inspiration for the snake and "Don't Tread on Me" slogan — was first used in the Revolutionary War. But in recent years, the image has been co-opted by the Tea Party, anti-gun control activists and white supremacists. In 2016, it was deemed to have "racially-tinged" messaging in some contexts by the federal government. More recently, the image has been used by people believing COVID-19 health restrictions take away their constitutional rights."We hope this is an isolated incident; that we just missed these couple of masks," said Ben Hart, who oversees Utah's mask program for the Governor's Office of Economic Development.Hart admits about 100 of the "Don't Tread on Me" masks were included in a shipment last month. Hart says the staff deemed them "inappropriate" and attempted to set all of them aside."We will not be using taxpayer dollars to pay for these masks. We will be working with the manufacturer and ensuring we do not pay for them," Hart said.The governor's office replaced the masks for Passey-Spencer on Tuesday.This story was originally published by Hailey Higgins on KSTU in Salt Lake City, Utah. 2008

SAN DIEGO (CNS) - A 47-year-old man accused of intentionally driving a pickup truck off Sunset Cliffs and into the ocean with his twin toddler daughters inside pleaded not guilty today to attempted murder, kidnapping and other charges.Robert Brians, who is also charged in the 13-count criminal complaint with child abuse, making criminal threats, child abduction and burglary, is being held without bail and is due back in court July 22 for a readiness conference.He allegedly drove into the water on the morning of June 13 with his 2- year-old daughters inside the truck. The girls were hospitalized in stable condition, according to a GoFundMe page created to raise money for their medical bills.About 4:30 a.m. that day, the toddlers' mother called 911 to report that Brians had taken their children without permission and allegedly contacted her via ``numerous calls and texts ... clearly stating she may not see (them) again,'' according to the GoFundMe.com page.He allegedly threatened to drive the vehicle off the Coronado Bay Bridge, but was later spotted by officers on Hill Street near Cornish Drive and sped off, careening over the side of a cliff and landing upside down in the water, according to police.Moments later, a canine officer also responding to the emergency, 22- year SDPD veteran Jonathan Wiese, arrived in the area. Reaching the scene of the crash and seeing Brians' pickup upside down in the water, Wiese grabbed a long leash he uses for his service dog, wrapped it around his chest, gave the other end to fellow officers and rappelled down the precipice.Wiese then swam out to the foundering truck and rescued the children and Brians. Medics took all three to hospitals for treatment of injuries that were not considered life-threatening. 1775
SAN DIEGO (CNS) - A former Mira Mesa dentist who bilked insurance companies out of hundreds of thousands of dollars by submitting claims for procedures she never performed, including hundreds of supposed root canals, has been sentenced to six years in state prison, the San Diego County District Attorney's Office announced today.April Rose Ambrosio, 59, pleaded guilty to three counts of insurance fraud earlier this year for fraudulently billing insurance companies for 6,700, for which she received more than 0,000 from 10 insurance companies, according to prosecutors.The DA's Office said Ambrosio falsely claimed she performed 800 root canals on 100 patients, despite not having specialized training as an endodontist to perform such procedures.Ambrosio was sentenced earlier this month, and in addition to a six- year prison term, was ordered to pay 5,633 in restitution. Her license to practice dentistry was also suspended last year, a few months after she was charged.Prosecutors say the fraud occurred between 2014 and 2018. During that time, Ambrosio billed for work she said occurred on days her office was closed and billed for more than 100 root canals during a three- month period, all of which were supposedly performed for a family of four, according to the DA's Office. She also billed for root canals on teeth patients didn't have or double billed for teeth she previously said she performed root canals on, the DA's Office said.``The way this defendant bilked the system is astounding,'' District Attorney Summer Stephan said. ``Unfortunately, when insurance companies get ripped off, consumers ultimately pay the price through higher premiums.'' 1683
SAN DIEGO (CNS) - A 20-year-old man who pleaded guilty to a voluntary manslaughter charge for last year's fatal beating of a 56-year-old man near a pedestrian bridge behind Petco Park was sentenced Friday to six years in state prison.Dominick Wells admitted his role in the Nov. 18, 2018, beating of Edward Starlard, who was left comatose as a result of the attack by Wells and a group of juveniles.Three of the juveniles involved were also charged in juvenile court, with at least two of the minors pleading guilty so far, according to prosecutors.Witnesses said Starlard had been fighting with a group of young people the afternoon of Nov. 18 when he was thrown down and beaten unconscious, suffering injuries that included fractures to his face and ribs. When witnesses started yelling at the attackers to stop, they fled east on Imperial Avenue, police said.Starlard was placed on life support and never regained consciousness. He died Dec. 3 at Scripps Mercy Hospital.A cell phone video recorded by a bystander captures Starlard, Wells and the juveniles exchanging words, none of which can be heard in the video. At some point, both men grab objects to seemingly defend themselves. Wells picks up a broomstick, while Starlard lifts a bicycle over his head.Starland later tosses the bike to the ground, and is then knocked down to the sidewalk by Wells and the juveniles, who begin punching and kicking him.A medical examiner testified that Starlard's death was the result of a heart attack, which could have been caused by stress or trauma from the fight.Prosecutor Mary Loeb asked San Diego County Superior Court Judge Amalia L. Meza to impose the maximum possible term of 11 years, stating that Wells had multiple opportunities to withdraw from the altercation, but chose instead to attack Starlard even after he put the bike down, then beat him while he was helpless on the ground.She also said that while both men bore responsibility for their roles in the argument, Wells landed the first blow, and only stopped when bystanders intervened."There was no indication that this was going to stop except for people running across the street, seeing what was happening and yelling at the defendant and his friends to stop," Loeb said, which highlighted "the viciousness of this attack."Wells' attorney, Stewart Dadmun, said his client rightfully defended himself against Starlard, who was attacking him, but was guilty of manslaughter for responding with excessive force.Dadmun said the altercation was sparked by Starlard making a lewd comment toward one of Wells' friends, a 14-year-old girl, then threatened to attack Wells and the teens.The attorney said that while the prosecutor noted Wells could have walked away, "It's also worth pointing out that a 56-year-old man could have walked away."Dadmun also noted Wells' young age and lack of prior criminal record in asking for a three-year prison term.Meza said she understood both men played a role in the fight, but said Wells responded with force that was "excessive, brutal and unnecessary when the victim was trying to retreat," and imposed the mid-term of six years.Wells was previously charged with murder in the attack, but that charge was dismissed when he entered his guilty plea in September. He was also previously charged with torture for beating Starlard after he'd been knocked to the ground, but a judge dismissed that count at Wells' preliminary hearing. 3437
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