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SAN DIEGO (CNS) - An alleged drunken driver was going 121 mph when he caused a fiery freeway pileup that killed two men and seriously injured a woman on Interstate 15 last year, a prosecutor told jurors Tuesday, but a defense attorney claimed an off-duty San Diego police sergeant is actually to blame for the deaths.Jeffrey Brian Levi, 39, is charged with murder, gross vehicular manslaughter while intoxicated, hit-and-run and drunken driving, for the Jan. 2, 2018, deaths of 33-year-old Jesus David Dominguez and 19-year-old Isaac Felix, who were burned to death inside a Toyota Corolla that was struck at about 11:45 that night in the fast lane of northbound Interstate 15 near Miramar Road.Giovanna Dominguez -- Jesus Dominguez's sister and Felix's girlfriend - - was also a passenger in the Corolla. She survived but sustained broken bones and burns across her body.RELATED: Suspected drunk driver facing murder charge in fiery crash that killed twoDeputy District Attorney Andrew Aguilar told jurors in his opening statement of Levi's trial that the defendant rear-ended the Corolla, then walked away from the crash scene unscathed.The Corolla was left disabled in the fast lane with no lights on, its three occupants "sitting ducks" for an ensuing crash, Aguilar said.A short time later, a Ford Explorer driven by off-duty San Diego police Sgt. Raymond Rowe then struck the Corolla, which burst into flames and left Dominguez and Felix trapped inside the burning wreckage, while bystanders pulled Giovanna Dominguez out.The Ford Explorer overturned, coming to rest upside down, and Rowe was treated for minor to moderately serious injuries.Aguilar alleged that about three hours after the crash, Levi had a blood-alcohol content of 0.16%, which is twice the legal limit.Levi, who was charged with murder due to a 2007 misdemeanor DUI conviction, faces 40 years to life in prison if convicted.Defense attorney Amanda Waddle alleged that Rowe was "an unreasonable and negligent driver" who should be held liable for the deadly wreck. According to Waddle, Rowe was speeding, failed to wear his prescription glasses and was looking in his rearview mirror at the time of impact.Aguilar noted that Rowe often used his rearview mirror to spot anyone who might be trailing him from the police station to his home, a risk that Rowe potentially faced as a member of the department's gang unit.In addition to not paying attention, Waddle said that Rowe failed to use evasive maneuvers that were part of his police training."This was the direct result of that secondary, very violent crash where Sgt. Rowe was not paying attention to the roadway in front of him," Waddle said.The defense conceded that Levi was driving too fast in connection with the initial crash, but said "thankfully" there were no significant injuries as a result.Giovanna Dominguez -- who was expected to testify Wednesday -- did indicate during a preliminary hearing earlier this year that no one was injured as a result of the initial crash. She testified at the previous hearing that her brother and Felix remained strapped into their seats while trying to contact authorities, but she undid her seatbelt because she wanted to get out of the car and was afraid of being struck again. 3262

SAN DIEGO (CNS) - For the fifth day in a row, San Diego County public health officials reported a case rate of fewer than 100 positive COVID-19 tests per 100,000 people -- however, the state said it will have to review the data before removing the county from its monitoring list.Previously, county and state officials had said if the rate stays below 100 per 100,000 people (it was 91.9 Sunday) for three consecutive days, the county would officially be removed from that list. After an additional 14 consecutive days below that number, K-12 schools could potentially reopen for in-person teaching, depending on individual school district metrics.Some 48 elementary schools have filed waivers with the county to return to school early.That timeline is now uncertain, as are the specifics of reopening certain businesses for indoor operations.As the county awaits further guidance from Gov. Gavin Newsom, public health officials on Sunday reported 334 new COVID-19 cases and no new deaths as of Saturday, raising the county's totals to 34,678 cases, with the death toll remaining at 626.Of the 7,047 tests reported, 5% returned positive, maintaining the 14- day positive testing rate at 4.3%, well below the state's target of 8% or fewer. The 7-day rolling average of tests is 7,944 daily.Of the total positive cases in the county, 2,856 -- or 8.2% -- have required hospitalization since the pandemic began, and 715 -- or 2.1% -- were admitted to an intensive care unit.County health officials also reported three new community outbreaks, bringing the number of outbreaks in the past week to 24. The latest outbreaks were reported in a business, a restaurant and a restaurant-bar, according to the county Health and Human Services Agency.The number of community outbreaks remains well above the county's goal of fewer than seven in a seven-day span. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households in the past 14 days.Latinos are still disproportionately impacted by COVID-19, with that ethnic group representing 61.3% of all hospitalizations and 45.4% of all deaths due to the illness. Latinos make up about 35% of San Diego County's population.A new COVID-19 testing site began operating last week at the San Ysidro Port of Entry PedEast crossing, and County Supervisor Greg Cox cited its immediate success and demand for it.The free testing site will operate from 6:30 a.m. to noon Monday through Friday and will focus on testing essential workers and American citizens who live in Tijuana, according to San Diego County health officials.No appointments are necessary at the walk-up site, which aims to offer about 200 tests daily. People getting tested will not be asked about their immigration status or who lives with them, health officials said."We know that communities in South Bay have been hit the hardest by COVID-19," said Wooten. "The location was selected because of the increase in cases in the region and the number of people, especially essential workers who cross daily." 3073

SAN DIEGO (CNS) - Murder and robbery charges were filed Friday against two young men who prosecutors allege are responsible for the death of a Rancho Bernardo teen who was run over by a car in a drug robbery gone wrong.Angel Ramirez, 19, and Joshua Benjamin, 20, are accused in the March 7, 2019, death of a 16-year-old boy identified in court papers only as Christian H.Deputy District Attorney Christina Eastman alleges the defendants -- who entered not guilty pleas -- robbed the victim and, in the process of fleeing the scene, ran over the boy's head with their vehicle.RELATED: Arrest made in death of teen found in Rancho Bernardo streetAccording to the prosecutor, the victim had sought to purchase 0 worth of narcotics from Ramirez, who traveled with Benjamin to the teen's home in the 16800 block of Cresta Drive. When the teen handed his money to Ramirez, who was sitting in the backseat, Benjamin sped away, she alleged.Eastman said the victim hung onto the open rear car window in an attempt to get the drugs or his money back. Ramirez allegedly punched the teen in the face and pried his fingers from the car window, causing him to fall into the street, where his head was run over by the vehicle, she said.Prosecutors declined to comment on how they connected the men to the boy's death.RELATED: Man found dead in middle of Rancho Bernardo streetEastman said both men were awaiting sentencing on unrelated criminal cases at the time. Ramirez was on supervised release in an assault with a deadly weapon case, in which he pleaded guilty to slicing his father with a knife and striking him several times with a baseball bat, she said, while Benjamin was awaiting sentencing on a misdemeanor domestic violence case involving his girlfriend.The defendants, who each face 25 years to life in state prison if convicted in the murder case, were taken into custody Wednesday and are both being held on million bail.Ramirez is due back in court Jan. 23 for a bail review hearing, and both defendants have a Jan. 29 status conference date. 2058

SAN DIEGO (CNS) - A veteran San Diego fire captain pleaded guilty Wednesday to a felony domestic violence charge for injuring his girlfriend during an argument.Steven Michaels, 54, faces up to a year in jail when he is sentenced Feb. 7.As part of his plea agreement, Michaels -- a 30-year firefighter with San Diego Fire-Rescue -- will be on probation for three years, said Deputy District Attorney Stephen Marquardt.Judge Timothy Walsh also ordered the defendant to have no contact with the victim, Marquardt said.RELATED: Trial begins for man accused of stabbing two San Diego firefightersAt his arraignment in August, a prosecutor said Stevens shoved his girlfriend against a wall on July 21 and refused to let her use a cell phone to call for help after she was injured.Michaels has been arrested twice in the past for alleged domestic violence -- once in 2006 and again in December 2015.His run-ins with law enforcement were brought up during the trial of a man who stabbed two San Diego firefighters at an East Village trolley stop in June 2015.Defense attorney Gretchen von Helms didn't immediately comment on how Stevens' felony guilty plea will affect his job status. 1189

SAN DIEGO (CNS) - An elderly disabled woman was assaulted and seriously injured in downtown San Diego, police said Saturday.The victim, a 73-year-old homeless woman who uses a walker, was attacked near the corner of Fourth Avenue and B Street at 10:10 p.m. Friday, according to Lt. Matt Dobbs of the San Diego Police Department's homicide unit.She was taken to the hospital where she underwent emergency surgery, the lieutenant said. Because of the serious nature of the woman's injuries, investigators from the SDPD's homicide unit were called to the scene."Detectives are collecting evidence and interviewing witnesses," Dobbs said. "A man was seen in an altercation with the victim. He is described as a Black male in his forties, approximately six-feet tall and weighing 250 pounds."The suspect was wearing a white tank top and blue jeans and was last seen walking eastbound on 400 C Street, Dobbs said.The victim has been identified, but her name was not immediately released.Anyone with information on the attack was asked to call the homicide unit at 619-531-2293 or Crime Stoppers at 888-580-8477. 1113