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SAN DIEGO (CNS) - The family of a 19-year-old San Diego State University student who died after falling from his bunk bed and striking his head following a night of drinking has filed a wrongful death lawsuit against several defendants, including the university, the fraternity he was pledging for, and the manufacturer of the bed he fell from.The lawsuit filed last week in San Diego Superior Court alleges Dylan Hernandez was hazed by members of Phi Gamma Delta just prior to his death, and that fraternity members not only failed to obtain medical attention for him after he became extremely intoxicated, but also attempted to hide evidence of misconduct following his fatal fall.Hernandez fell from his bed on Nov. 7, 2019, and died in a hospital the following day.RELATED: Investigation completed into death of SDSU student who died after fall from bedThe lawsuit alleges he attended a "Big Brother, Little Brother" fraternity event that had pledges "screamed at and demeaned, beaten with paddles and hands, and forced to consume shots of vodka and rum to the point of intoxication."Following his hospitalization, the lawsuit alleges Phi Gamma Delta members instructed others to remove incriminating material from their cell phones and in group chats, members were told to "Keep your mouths shut!" and "Just remember, Silence is Golden!"Representatives with Phi Gamma Delta did not respond to a request for comment.RELATED: Autopsy report of SDSU student who died after fall from bed releasedIts national office permanently suspended its SDSU chapter in August and SDSU expelled the fraternity until 2030.In July, it was announced that no criminal charges would be pursued in connection with Hernandez's death, which was ruled accidental. A joint statement released by the university's police department and the San Diego County District Attorney's Office stated there was "no basis" for manslaughter or hazing charges.Investigators said there were no injuries on Hernandez's body "that appeared consistent with hazing, and no evidence of student group activities likely to cause serious bodily injury or death, which is statutorily required to prove hazing." Other than Hernandez's "devastating head injuries," the only other wound to his body was an abrasion on his thigh, officials said.RELATED: San Diego State suspends 14 fraternities after student is hospitalizedOne month after that statement was released, Rob Caudill, the fraternity's executive director, sent SDSU a letter announcing the chapter's closure, stating the SDSU chapter had been found guilty of violating fraternity bylaws, including hazing, drug use and violations related to alcohol misuse.SDSU representatives said the university could not comment as it had not yet seen the lawsuit, but pointed to steps the university has taken to combat hazing activities on campus in the wake of Hernandez's death. These include the formations of two task forces examining student activities and alcohol/substance abuse. Task force recommendations led to the implementation of a Good Samaritan Policy, in which student organizations are encouraged to report concerns about student health and safety, and a Hazing Prevention Task Force that held its first meeting this fall.Hernandez's family alleges SDSU was aware of prior hazing issues involving Phi Gamma Delta and failed to properly discipline the fraternity for such activities. The family alleges SDSU was aware of prior instances when Phi Gamma Delta pledges were hazed or hospitalized for excessive drinking.The family also alleges the school created an unsafe environment in the Tenochca Residence Hall where Hernandez suffered the fatal fall by furnishing its rooms with bunk beds that didn't meet minimum safety standards.In suing SDSU and the bunk bed manufacturer, Foliot Furniture Pacific, the family alleges the beds featured "safety rails" that were defective, and contributed to 550,000 deaths nationwide over a 16-year period and 10 injuries at SDSU between 2017 and 2019. 4015

SAN DIEGO (CNS) - The founder and former CEO of a San Diego startup pleaded guilty Wednesday to a federal wire fraud charge for stealing more than .5 million from his own company.Jeffrey Fildey, 56, of Las Vegas, created GoFormz Inc. -- which provides online mobile forms and reporting products -- and began illegally taking money from the company sometime around late 2015 and continued to do so through August 2017, according to the U.S. Attorney's Office.U.S. Attorney Robert S. Brewer said, Fildey "abused a position of trust to brazenly steal company assets, treating GoFormz Inc. as his own private slush fund."Prosecutors say Fildey obtained loans -- supposedly for the company -- then kept the funds for himself, paid for personal expenditures on company credit cards, received cash advances for himself on company credit cards and took money directly from the company's bank account.A U.S. Attorney's Office statement announcing the plea cited examples that included a 6,250 loan he obtained for the company, which he immediately wired from the firm's bank account to his personal bank account. The U.S. Attorney's Office said GoFormz made payments on the loan while he spent the money on personal expenses.The U.S. Attorney's Office said Fildey took three unauthorized loans on behalf of the company and transferred the funds to his bank account each time, withdrew more than 0,000 in cash from the company's bank account for his personal use and made more than ,600 in unauthorized purchases on the corporate credit card.The company lost ,544,147 as a result, according to the plea agreement.Sentencing is scheduled for Nov. 9. 1658

SAN DIEGO (CNS) - San Diego County health officials reported 1,378 new COVID-19 infections and 22 deaths today as hospitalizations continue to surge with nearly triple the number of people hospitalized compared to a month ago.Tuesday's data brings the cumulative number of cases to 83,421 while the death toll crossed another milestone as it reached 1,019.The San Diego County Health and Human Services Agency reported 723 coronavirus patients hospitalized as of Tuesday, with 197 of them in intensive care units. That compares to 692 reported Monday, with 180 in the ICU. That number was 671 on Sunday, 636 on Saturday, and 580 last Wednesday and Thursday.The number of people with COVID-19 in area hospitals has nearly tripled from one month ago -- 262 were hospitalized on Oct. 31. Of the 83,421 cases logged in the county since the start of the pandemic, 4,685 -- or 5.6% -- have required hospitalization and 1,030 patients -- 1.2% -- had to be admitted to an ICU.The total number of people hospitalized for any reason in the county is 4,307 -- which has been fairly consistent over the past several months -- but the percentage of COVID-19 patients in the region's hospitals rose from 6% a month ago to 16.8% on Tuesday.Tuesday also marked the 21st consecutive day more than 600 new cases have been reported and the ninth day of the last 12 more than 1,000 new cases were reported -- including two days over the Thanksgiving weekend with more than 1,800 new infections.San Diego County is on a trajectory to double its number of cases in 45 days.A total of 15,377 tests were reported Tuesday, with 9% returning positive, raising the 14-day average to 6.3%.A total of 17 community outbreaks were confirmed Tuesday. Over the previous seven days, 81 community outbreaks were confirmed. 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.San Diego County fell deeper into the most restrictive purple tier of the state's four-tiered reopening plan on Tuesday, with an unadjusted 30.5 newCOVID-19 cases per 100,000 people. Even with an adjusted rate of 15.3 per 100,000 due to significant testing increases by local health authorities, that number far exceeds the strictest tier's baseline of seven daily cases per 100,000.The testing positivity percentage is 2.3%, keeping it in the orange tier for that metric.Dr. Wilma Wooten, the county's public health officer, advised people who traveled or hosted family and friends over the Thanksgiving weekend to get tested.``By getting tested, people will know whether they have contracted COVID-19 and prevent spreading the virus to others,'' she said. ``People should also wear a face covering, maintain social distance, avoid crowds and monitor for symptoms.'' 2800

SAN DIEGO (CNS) - San Diego Mesa College announced Friday the opening of its on-campus support center for current and former foster youth.The Fostering Academic Success and Transitions Center opened Thursday, coinciding with Mesa College's first week of classes in the fall 2019 semester. The FAST Center offers services such as tutoring, computer access and a food pantry and will serve as a gathering space for youth who have gone through the foster care system."The number one goal we had in creating this program was to make it extremely difficult to NOT be successful," FAST Scholars Program Coordinator Sade Burrell said. "The center is a place for students to get the resources they need, whether that includes counseling, tutoring, food, child care, emergency housing and any other need unique to their situation."Mesa College is the first community college in San Diego County to open an on-campus support center for students in the foster system. Currently, only about one-in-10 foster youth graduate from college and one-third of former foster youth are homeless by age 25. College officials hope the FAST Center will help quell those numbers for students in San Diego."What this center does is say, we see our foster youth. We see their experiences. We see the unique contributions that they bring to the campus; that we understand the many challenges or systemic barriers that are often placed in their way," said Ashanti Hands, the college's vice president of student services. "The message we want our students to hear is: Bring your full self."The FAST Center will be open 8 a.m. to 6 p.m. Monday through Thursday and from 8 a.m. to 3 p.m. on Fridays. The FAST Center can be reached at 619-388- 5895. 1724

SAN DIEGO (CNS) - The San Diego County Board of Supervisors Wednesday heard a proposal to reduce light pollution in two rural communities.The proposed amendment to the county's Light Pollution Chapter ordinance would cover the Julian and Borrego Springs Community Planning Areas.Both would be considered "Zone C" to receive a Dark Sky Community designation, which is generally more restrictive, according to a presentation at Wednesday's board meeting.Along with unanimously approving the ordinance amendment on first reading, the board also found it to be exempt from the state's Environmental Quality Act, as it does not affect land use or density.It would also support Julian in becoming an International Dark Sky Community and update Borrego Springs' light pollution standards.The board will consider formal adoption at its Nov. 18 meeting. If approved, the amended ordinance would take effect in January.Zone C is generally more restrictive and limits total amount of light per acre and has more restrictive standards for signage or nighttime sports.Proposed changes would include new lighting standards (for color type, levels and shielding) and sign illumination. The county would give existing developments 10-year grace period to come into compliance.Dark skies are important to astronomers for better viewing in rural communities, along with businesses that benefit from related tourism. San Diego County adopted a light pollution policy in 1985.Public outreach sessions found that residents in Borrego Springs and Julian were supportive of new regulations, according to the presentation to the board.Ordinance enforcement would cost an estimated ,000 in fiscal year 2021-22.The cost for residential property owners to upgrade their lighting would range between and 0, while a retail store owner might pay between 0 and ,600, according to the county.Supervisor Dianne Jacob, whose district includes Julian, said the ordinance would be good news for expert and amateur astronomers."It's time to go look at the stars," she added.Jacob also requested that county staff work with San Diego Gas & Electric to resolve any issues the utility may have over an upgraded ordinance.Supervisor Jim Desmond said he would gladly support the ordinance, adding that dark skies are a big draw for Borrego Springs, which is located in the district he represents."I go out there frequently, and it's fantastic to see the Milky Way," Desmond said. 2464