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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) - An ex-con accused of sexually assaulting a 24-year-old woman in broad daylight on a Mission Beach street pleaded not guilty Thursday to a charge of assault with intent to commit a sex crime. Philemon Shark, 40, who has two prior convictions from Washington state for residential burglary from 2014 and 2015, faces life in prison if convicted, said San Diego County Deputy District Attorney Trisha Amador. Judge Joseph Brannigan set Shark's bail at million and ordered the defendant to have no contact with the alleged victim. Amador said all sexual assaults -- no matter what level -- are ``serious'' and taken ``exceptionally serious'' by the District Attorney's Office. ``I think part of the concern is that when an individual is attacked in broad daylight in an area where they felt safe or did not feel a threat, of course that's added concern, but our office takes all sexual assaults equally as serious,'' the prosecutor said outside court. The attack happened about 8:40 a.m. last Sunday on Bayside Lane near San Jose Lane, just off Mission Boulevard, according to San Diego Police Lt. Jason Weeden. Weeden said the victim was walking south when Shark allegedly approached her from behind, threw her to the ground and held her down while he assaulted her. The woman screamed for help, and several residents forced the man off her, the lieutenant said. When Shark tried to leave, some of the residents followed him but lost track of him, Weeden said. Then, about 45 minutes after the attack, one of the neighbors found Shark hiding in a breezeway. Shark allegedly fled but was apprehended by patrol officers and booked into jail. Weeden said Shark is from the Seattle area and was believed to have been living in San Diego for the last few months. He will be back in court Jan. 8 for a readiness conference and Jan. 10 for a preliminary hearing. 1880

SAN DIEGO (CNS) - A registered sex offender who broke into his next-door neighbor's home, where he raped and sodomized a 3-year-old girl, pleaded guilty today to four felony charges and is facing an 85-year prison term.Francisco Diaz, 47, entered his plea to four counts of forcible lewd acts on a child, and admitted serious prior felony convictions, according to Deputy District Attorney Claudia Grasso.Sentencing is scheduled for June 17.Last summer's attack occurred the morning of Aug. 11 in the 5200 block of Maple Street in Oak Park.RELATED: Man arrested after three-year-old says she was kidnapped and touchedDiaz broke a screen and curtain rod and climbed through a window of the sleeping child's bedroom. When the toddler woke up and cried while being sexually assaulted, Diaz carried her out through the window and was walking her toward his home when the defendant's mother saw them and wrapped the child -- who was naked from the waist down -- in a blanket.Police were called around 9:45 a.m. and Diaz was arrested.``It's a parent's worst nightmare,'' Grasso said following Diaz's arraignment last year. ``The violation, the betrayal, (it's just) horrific. I think that not only does it impact the victim but it impacts the entire family, who now have to look over their shoulder, who now cannot feel safe in their own home. It causes you as a parent to be more cautious, more protective.''According to the Megan's Law website, which tracks the state's sex offenders, Diaz has a 2007 conviction for annoying or molesting a child. 1550

SAN DIEGO (CNS) - Governor Jerry Brown appointed two San Diego residents to state boards on Monday.Clinical psychologist Mary Harb Sheets, 65, was appointed to the Board of Psychology. Harb Sheets, who is registered without party preference, has worked in private practice since 1994 and as a staff psychologist at the consulting firm Workplace Guardians Inc. since 2000.Her position does not require Senate confirmation.Brown appointed Debra Reed, 62, to the California Horse Racing Board of Directors. Reed, who is registered without party preference, held several positions at Sempra Energy from 2010 to 2018, including executive chairman, chairman, president and CEO and executive vice president.Reed held several positions at San Diego Gas and Electric and Southern California Gas Co. from 2000 to 2010, including president and CEO, president and chief operating officer and president and chief financial officer, and is a member of the boards of directors of Rady Children Hospital Health Center; Caterpillar Inc.; Chevron Corp.; and State Farm Mutual.Reed's appointment require confirmation by the state Senate.The compensation for both positions is 0 per diem. 1179

SAN DIEGO (CNS) - A local meal delivery nonprofit began sales Monday for its 15th annual Mama's Pies Thanksgiving Bake Sale, which raises funds to combat hunger among residents with illnesses like cancer and HIV. During the sale, which runs through Nov. 24, residents can order pumpkin, apple, pecan and Dutch apple pies to be delivered Nov. 27, the day before Thanksgiving. Nearly 20 local bakeries and caterers are expected to bake pies for the annual fundraiser and more pie bakers are needed, according to the organization. ``Our annual bake sale is a time-honored tradition that gives community members from around the region an opportunity to give back to our neighbors in need,'' said Mama's Kitchen Executive Director Alberto Cortes. ``Whether you're purchasing a pie, making a donation or volunteering for pie delivery, every hand up counts.'' Mama's Kitchen met its goal of 0,000 raised during last year's bake sale and aims to raise at least 0,000 during this year's six-week sale, which the organization says will fund the delivery of some 51,000 meals for residents with critical illnesses. All proceeds from the sale will directly benefit the organization's services that combat hunger. Volunteers with the AIDS Assistance Fund founded the organization in 1990 to support HIV and AIDS patients. Since then, Mama's Kitchen has expanded its services to more than 1,600 residents countywide who have cancer, congestive heart failure and Type II diabetes and deal with hunger. Residents can order pies for each and volunteer to deliver pies at mamaspies.org. Prospective pie bakers are advised to contact Mama's Kitchen marketing and events coordinator Silvia Dominguez at 619-233-6262, ext. 114 or silvia@mamaskitchen.org. 1751

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