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SAN DIEGO (CNS) - A La Jolla restaurant owner raped eight women who he either drugged or knew were too intoxicated to consent to sex, a prosecutor said Tuesday, while a defense attorney argued none of the charged sex acts were forced upon the alleged victims, nor was there any evidence that any of the women were drugged.Jurors on Tuesday began deliberating the fate of Daniel Dorado, who is charged with 35 felonies, including rape of an unconscious person and rape of an intoxicated person. He faces nearly 31 years in prison if convicted of all counts, which are charged for rapes that allegedly occurred in 2009, 2014, 2015, 2017 and 2018.The 61-year-old defendant is the owner of Voce del Mare, an Italian restaurant located on La Jolla Boulevard in the Bird Rock area.Dorado is accused of meeting the victims -- who ranged in age from 22 to 58 -- at local bars and restaurants, sometimes under the guise of a job interview for a position at his restaurant, or through dating websites.RELATED:Restaurant owner charged with rape testifiesTrial begins for La Jolla restaurant owner accused of sexual assaultsHe allegedly offered the women spiked beverages, causing them to fall unconscious and later wake up in the middle of or just after sex acts with the defendant.Dorado was taken into custody in March 2018 on suspicion of assaults on four women. The other alleged victims came forward after learning of his arrest.Defense attorney Eric Youngquist said the prosecution had not proven anything regarding the use of date rape drugs, force or threats on Dorado's behalf, and that each of the encounters with the women were consensual.The attorney said no evidence of date rape drugs turned up in any of the alleged victims' systems and contended their supposed symptoms were more indicative of alcohol consumption.RELATED:8 women accuse Bird Rock restaurant owner of sexual assaultNew charges filed against La Jolla restaurant owner accused of rapeDeputy District Attorney Jessica Coto told jurors that even if they didn't believe the victims were given date rape drugs, evidence from the trial indicated the women drank enough to become noticeably unable to consent -- in some cases vomiting on themselves or rendered unable to stand or walk -- yet Dorado decided to have sex with them anyway."You can't consent to something you don't know is happening to you," Coto said. "You can't make a choice if you are not aware what is happening."Youngquist questioned the motivations of some of the alleged victims, particularly some who were allegedly raped following job interviews at Dorado's restaurant, then proceeded to work for him even after the alleged assaults, but were later fired from their jobs.RELATED: La Jolla restaurant owner accused of sexual assault makes first court appearanceMore women come forward about La Jolla restaurant owner accused of rapeOne of the victims dated Dorado for months following her initial meeting with him, in which she told investigators she had drinks with him, became very intoxicated and collapsed, and later woke up naked in a hotel room, the defense attorney said.Youngquist alleged she was essentially told by police and prosecutors that she was raped, but later testified at trial that she didn't consider herself a victim. Quoting his co-counsel Kim Santini's opening statements, Youngquist contended the charges were the result of "an overzealous district attorney and (a) detective" who planted the notion of drugging into the alleged victims' minds. The attorney emphasized that some of the victims used similar language to describe their symptoms, such as feeling "heavy" or "disassociated."Youngquist also alleged some of the accusers were seeking civil, monetary damages from Dorado, though Coto said only one of the victims ever sued Dorado and has since dropped the lawsuit.RELATED: Woman accuses La Jolla restaurant owner of rape comes forward, talks only to 10NewsCoto questioned what she said were shifting stories on the defendant's behalf between his testimony at trial, conversations with police, and pre- textual phone conversations with some of the victims. At various points, the prosecutor alleged Dorado denied having any sexual contact with the women, then later admitted having consensual sex."If everything was consensual, why deny?" Coto asked the jury. 4336

SAN DIEGO (CNS) - Despite an adjusted daily COVID-19 case rate of 7 per 100,000 population, San Diego County was again able to avoid being pushed into the most restrictive purple tier of California's four-tier reopening system.High rates of testing helped the county stay in the red tier, county officials said. The positive adjustment is given by the state to counties that are testing at higher levels than the state's median. That adjustment prevented the county from landing in the purple tier, which would have placed indoor activities at restaurants, movie theaters, gyms and a number of other locations in jeopardy."Remaining in the red tier is good news, but the new adjusted rate is not. The new figure clearly shows the region is not moving in the right direction," said Dr. Wilma Wooten, San Diego County public health officer. "It is extremely important San Diegans follow the local health guidance to slow the spread of COVID-19 and keep the region from falling into the purple tier."The county's unadjusted case rate for the week of Oct. 4-10 rose from 7.2 to 7.8 cases per 100,000 residents. It was adjusted down to 7 per 100,000. The data are reported on a one-week delay.While the testing positivity percentage for the region also increased from 3% to 3.3%, it still remains low enough for this metric to remain in the orange tier. If a county reports statistics meeting metrics in a higher tier for two consecutive weeks, it will move into that more restrictive tier for a minimum of three weeks.The state's health equity metric, which looks at the testing positivity for areas with the lowest healthy conditions, dropped from 5.7 to 5.5% and remained in the red tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.County public health officials reported 265 new COVID-19 infections and four deaths related to the illness Tuesday, raising the region's total case count to 53,000 and the death toll to 857.Four men died between Oct. 11 and Oct. 18, and their ages ranged from mid-50s to early 80s. All had underlying medical conditions.Of the 9,110 tests reported Tuesday, 3% returned positive, bringing the 14-day rolling average percentage of positive cases to 2.8%, far below the state-set target of less than 8%.Of the total COVID-19 cases in the county, 3,788 or 7.1% have been hospitalized, with 876 -- or 1.7% -- spending at least some time in an intensive care unit.Five new community outbreaks were reported Tuesday, two in businesses, one in a restaurant/bar setting, one in a K-12 school setting and one in a faith-based institution. In the past seven days, 30 community outbreaks were confirmed, well above the trigger of seven or more in a week's time.A community outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.The county uses community outbreaks to get a larger sense of the pandemic locally, but the state does not include the statistic in its weekly report.Wooten said 95% of the county's cases were not related to a marked community outbreak, a clear indicator the illness has spread throughout the county.The Vista Unified School District, meanwhile, fully reopened its schools Tuesday morning, becoming one of the first in the region to do so.The district invited students back to 28 schools, eschewing some of the more cautious measures some other school districts are taking, moving into its Phase 3 reopening plan. The plan, "Vista Classic," allows every school in the district to reopen at full capacity. Parents and guardians will still be able to keep students in "Vista Virtual," the district's distance-learning program, if they so choose."Our health and safety measures were working well, with mask wearing and handwashing particularly strong on all campuses," Vista Superintendent Matt Doyle said after visiting campuses. "We will continue to refine arrival, dismissal, and lunchtime routines for students as they relearn how to interact with their friends in this new social distancing environment."The district said it will attempt to have social distancing as much as possible, but will allow as many as 38 students in a single classroom, so desks will not be spaced six feet apart.A rally Thursday by teachers and parents at Foothill Oaks Elementary School attempted to dissuade the Vista Unified School Board from reopening, with many educators believing the safety measures inadequate.According to KPBS, plexiglass barriers were not provided to teachers. Instead, they were given PVC pipes and plastic liner to create makeshift protection from students returning to in-person learning. 4675

SAN DIEGO (CNS) - A pickup truck struck and gravely injured a 70-year-old man today near Horton Plaza, authorities reported.The pedestrian was crossing G Street in downtown San Diego when the vehicle pulled out of a parking structure east of Third Avenue and hit him shortly after 3 p.m, according to police.Medics took the victim to a hospital for treatment of life-threatening injuries, Officer Dino Delimitros said. 426

SAN DIEGO (CNS) - County health officials today reported the death of a San Diego County man due to flu complications, bringing this flu season's death toll in the region to seven.The 73-year-old man died due to influenza A complications on Dec. 16, according to the county's Health and Human Services Agency.The man's vaccination status and medical history are still being investigated. The other six county residents who have died this season had additional medical conditions and either weren't vaccinated or their vaccination status was unknown."Influenza can be deadly, especially for the elderly and people with chronic medical conditions," said Dr. Wilma Wooten, the county's public health officer. "Getting a flu shot is the best way to prevent getting sick."At this time last year, 11 county residents had died due to flu complications. Last flu season was the county's worst in nearly 20 years of collecting data, with 342 residents succumbing to flu complications. Residents over the age of 65 with underlying medical conditions accounted for much of that death toll, according to the county.According to the county's weekly flu report for Dec. 16-22, lab- confirmed flu cases rose for the fourth consecutive week, from 290 to 410. That jump is a far cry, however, from the same week last flu season when reported cases spiked to 2,332. To date, 1,339 flu cases have been reported and lab- confirmed this flu season."While we're seeing fewer flu cases this season, everyone 6 months and older should get vaccinated since the flu season could last through April and even May," Wooten said.In addition to residents 6 months and older, county health officials and the Centers for Disease Control and Prevention strongly advise the annual flu vaccination for people with a heightened risk of serious flu complications, like pregnant women, people older than 65 and people with chronic conditions like asthma and diabetes.County residents can get vaccinated at doctors' offices, retail pharmacies, community clinics and the county's public health centers. 2070

SAN DIEGO (CNS) - Federal officials in San Diego Wednesday announced the arrests of hundreds of suspects and the seizure of more than a ton and a half of narcotics as part of a crackdown on a Mexican criminal gang considered responsible for much of the flow of illicit drugs into the United States.During a late-morning briefing at the U.S. Drug Enforcement Administration's Kearny Mesa offices, DEA and Justice Department officials detailed the results of the multi-agency operation targeting the Cartel de Jalisco Nueva Generacion."Project Python is the single-largest strike by U.S. authorities against CJNG, and this is just the beginning," DEA Acting Administrator Uttam Dhillon said.The six-month enforcement campaign has resulted in the capture of more than 600 gang associates and 350 indictments, including one against the alleged head of the criminal organization, fugitive Nemesio Ruben Oseguera Cervantes, also known as "El Mencho."The Department of State has issued one of the largest narcotics crimes- related rewards ever -- million -- for information leading to the arrest of Cervantes.In San Diego and Imperial counties, the operation has led to the arrests of about 130 CJNG associates and seizure of 3,282 pounds of methamphetamine, 198 kilograms of cocaine, 59 kilograms of heroin, 44 kilograms of fentanyl, two kilograms of opium, in excess of 27,000 fentanyl pills and 18 guns, according to the DEA.The Jalisco-based cartel is one of the fastest-growing transnational criminal organizations in Mexico and among the most prolific methamphetamine producers in the world, and is the source of a large amount of drugs entering the United States and elevated levels of violence in Mexico, according to federal officials.Last month, Cervantes' son and second-in-command, Ruben Oseguera "Menchito" Gonzalez, was extradited from Mexico to the United States on drug- trafficking charges. Also in February, the alleged drug lord's daughter, Jessica Johanna Oseguera Gonzalez, was arrested in the United States on financial charges related to her suspected violations of the Foreign Narcotics Kingpin Designation Act."Today, DEA has disrupted CJNG's operations, and there is more to come as DEA continues its relentless attack on this remorseless criminal organization," Dhillon said. 2307

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