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SAN FRANCISCO (AP) — A California state appeals court has thrown out the sole conviction against an immigrant who fatally shot a woman on the San Francisco waterfront in 2015.The 1st District Court of Appeal on Friday overturned a gun conviction against Jose Inez Garcia-Zarate because the judge failed to instruct the jury on one of his defenses.Garcia-Zarate was acquitted of murder in the killing of Kate Steinle, who was on a pier with her father when she was shot in the back in July 2015.The case of Garcia-Zarate, who was in the country illegally and had been deported five times, touched off a fierce immigration debate.He said he unwittingly picked up the gun wrapped in a T-shirt and it fired accidentally.Garcia-Zarate is in custody and facing federal gun charges. 783

San Diego (KGTV)- We’re learning more information about the seemingly healthy political commentator who dies suddenly in San Diego over the weekend. 26-year-old Bre Payton contracted the H1N1 flu virus, also known as swine flu, and meningitis. On Friday, a friend posted on twitter she found Payton unconscious. She was rushed to the hospital where she later died. The San Diego County Health Department says the So-Cal resident contracted both illnesses before arriving in San Diego. Meningitis causes inflammation in the brain and spine. A recent outbreak was reported at San Diego State University, but it is unclear if the strain Payton had was bacterial, like the SDSU cases, or if it was viral. In a report released last week, there were over 1,300 influenza cases in San Diego County between July and December. Almost 200 of those cases were the H1N1 flu. Health officials say, young adults, like Payton, are more likely to get the flu virus than kids and older adults. Middle age adults are not regularly exposed to the virus, and they have the lowest vaccination rates. News of her death is hitting hard to her family. Her parents released a statement to ABC News saying: “Bre was a brilliant, determined and beautiful girl from day one. She could silence a room with her beauty, and at the same moment impress everyone with her articulate reasoning. We miss her dearly, and our hearts are broken." 1415

SAN DIEGO, Calif. (KGTV) - It started when Amber Gilles posted a photo of San Diego Starbucks barista Lenin Gutierrez with the caption “Meet lenen from Starbucks who refused to serve me cause I’m not wearing a mask. Next time I will wait for cops and bring a medical exemption.”A stranger in Orange County, Matt Cowan, said he wanted to donate a few dollars to the barista in tip money, so he started a GoFundMe. As the photo on Facebook filled with hundreds of thousands of interactions and comments from people supporting the barista, the tip money eventually hit more than 0,000 to be donated to the barista. Lenin said he plans to use that money to further his education and also follow his dreams of dancing.Related: 0,000 donated to Starbucks barista who asked woman to wear maskGilles said she now wants half of that money.“It was discrimination and everybody is okay with it and enabling and rewarding that behavior,” said Gilles.She went on to describe the symptoms that prevent her from wearing a mask, saying “One of them I get shortness of breath, dizziness and it messes with the heartbeat. And I do have asthma as well, and I do get mask-acne. So there’s several things going on and not only that but it doesn’t even work.”She provided ABC 10News with two documents to prove her medical exemption. One is a pelvic exam from 2015 with results that say “probable exophytic fibroid arising from the anterior wall of the uterus measuring 2.9 cm size.” and “simple 2.5 cm left ovarian cyst.” A second piece of paper is a handwritten note with letterhead from a San Diego chiropractor who she asked not be named. The hand written note reads “Amber has underlying breath conditions that prevent her from wearing a mask or any type of facial covering whatsoever. Please contact me if have any questions.”When that chiropractor who wrote the note was called, he said he could not discuss her situation. When Gilles was asked why a chiropractor gave her a breathing-related medical exemption, she responded “because they are dedicated to providing non-invasive personalized care and treatment. They are real doctors.”When asked if she has an apology or message to the public, Gilles said “No absolutely not. I feel like I need the apology. I’ve been discriminated against, I’m the one who’s sick.”Gilles said she's spoken to a few lawyers about taking her case for getting half of the money but said they're all expensive so she started her own GoFundMe to try to raise money.WATCH: Lenin gets 0,000 2520

SAN FRANCISCO (AP) — Chesa Boudin, the son of anti-war radicals sent to prison for murder when he was a baby, has won San Francisco's tightly contested race for district attorney after campaigning to reform the criminal justice system.The former deputy public defender declared victory Saturday night after four days of ballot counting determined he was ahead of interim District Attorney Suzy Loftus. The latest results from the San Francisco Department of Elections gave Boudin a lead of 8,465 votes.Loftus conceded and said she will work to ensure a smooth and immediate transition.Boudin, 39, became the latest candidate across the nation to win district attorney elections by pushing for sweeping reform over incarceration. He said he wants to tackle racial bias in the criminal justice system, overhaul the bail system, protect immigrants from deportation and pursue accountability in police misconduct cases."The people of San Francisco have sent a powerful and clear message: It's time for radical change to how we envision justice," Boudin said in a statement. "I'm humbled to be a part of this movement that is unwavering in its demand for transformation."Boudin entered the race as an underdog and captured voters' attention with his extraordinary life story: He was 14 months old when his parents, who were members of the far-left Weather Underground, were imprisoned for their role in an armored car robbery in upstate New York that left two police officers and a security guard dead.His mother, Kathy Boudin, served 22 years and his father, David Gilbert, may spend the rest of his life in prison."Growing up, I had to go through a metal detector and steel gates just to give my parents a hug," Boudin said in his campaign video.He said that as one of the dozens of people whose lives were shattered by the deadly robbery in 1981, he experienced first-hand the destructive effects of mass incarceration and it motivated him to reform the nation's broken criminal justice system.He was raised in Chicago by Weather Underground leaders Bill Ayers and Bernardine Dohrn before studying law at Yale University. He later won a Rhodes Scholarship and worked as a translator for Venezuela's late President Hugo Chavez before coming to San Francisco.Loftus was appointed the interim district attorney by Mayor London Breed last month after George Gascon announced he was resigning and moving to Los Angeles to explore a run for DA there.The American Civil Liberties Union of Northern California accused Breed of undermining the democratic process.Loftus was endorsed by the city's Democratic establishment, including Gov. Gavin Newsom and Sens. Dianne Feinstein and Kamala Harris."San Francisco has always been supportive of a progressive approach to criminal justice ... It's the nature of that town and I congratulate the winner," Harris said Sunday while campaigning in Iowa for the Democratic presidential nomination. Loftus worked for Harris when she was the city's district attorney.Boudin received high-profile support from Vermont Sen. Bernie Sanders and writer and civil rights activist Shaun King."Now is the moment to fundamentally transform our racist and broken criminal justice system by ending mass incarceration, the failed war on drugs and the criminalization of poverty," Sanders tweeted Saturday when he congratulated Boudin on his win.___Associated Press writer Kathleen Ronayne contributed to this report from Fort Dodge, Iowa. 3461

SAN DIEGO, Calif. (KGTV) - A couple in San Diego are spending the holiday telling everyone they know to register as an organ donor."People don't like to talk about their death, but rather than bury these organs or burn them up, you can save lives," says Nancy Marlin, who is recovering from a kidney transplant.Marlin had a genetic kidney disease and would have needed dialysis if not for the donation. Her new kidney came from a co-worker."I was so fortunate," says says. "Someone gave me the most amazing gift."It's a gift her family knows well. Marlin's husband, Fred Kolkhorst, had a heart transplant just 18 months ago after being diagnoses with heart failure."It changes you immensely in ways that are difficult to describe," he says.Kolkhorst and Marlin are rare in that they're a married couple who have both received donated organs. Sharp Memorial Hospital Transplant Coordinator Tammy Wright says she can't think of any couples in her 25 years in the field.Wright says the holidays are the perfect time for families to talk about their wishes in regards to organ donations."It's a time of giving," she says. "The simple thing is to tell your family what your wishes are. If they know what your wishes are, they usually will follow that if something does happen."Wright also says to consider being a living donor for organs like kidneys, which have an 8-12 year wait list for donors."The simple act of saying 'yes' can make somebody live," she says.More information on organ donation can be found here. 1520

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