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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)-- Beginning Thursday, wearing masks has become a state mandate. A new study out of the University of California, San Diego, suggests the best way to curb the spread of coronavirus is by wearing a mask.In a UCSD campus-released article titled "To wear a mask or not, is not the question; Research indicates it's the answer," Chemistry Nobel Laureate and UCSD Professor Mario Molina shows the data does not lie."Let's work with the scientists," Molina said. "Let's work together with society!"RELATED: San Diego County exceeds community outbreak trigger, forcing pause on future reopeningsHe and a team of scientists at CALTECH and Texas A&M looked at the world's three COVID-19 epicenters: Wuhan, Italy, and New York City. They studied each area's attempts to mitigate the spread of COVID-19, including shelter in place, social distancing, and wearing facial coverings.Their study showed, in Wuhan, where mask-wearing is part of the culture, the spread was relatively slow. But in Italy, even after the lockdown, positive cases continued to climb. Additionally, despite the stay-at-home order in New York City, numbers continued to rise.A pivotal point of the study was when they looked at the numbers in Italy and New York after their respective mask mandates went into effect on April 6, 2020, and April 17, 2020. It was only then that the spread of viral air particles slowed drastically.RELATED: California requiring face coverings for most indoor areas"It changes. It's no longer straight. It goes downwards," Professor Molina said, referring to the curve on the bar graph.The professor reminds people that this does not mean to ignore all the other health measures."We are not saying using masks is the only thing that matters, no," Professor Molina said. "What we have in the paper is, everything is added to social distancing and to quarantine."RELATED: Mayor releases outdoor dining proposal in Little ItalyProfessor Molina says California's new facemask mandate is similar to government regulations on air pollution but on a much personal scale. In this case, you are the car, and COVID-19 is pollution. He says he is hopeful that with the mandate, the numbers in California will decline."We tell people, 'Hey, it's a good idea to wear face masks. You protect your family, and you protect yourself!'" Molina said.Molina says a secondary research paper analyzing mask mandates in different states will be published in the coming weeks. 2472

SAN DIEGO, Calif. (KGTV) - The warmest ocean temperatures on record are making things interesting for San Diego’s fishermen.Local fisherman say they are seeing more game fish closer to the coast than even before.“2018 is a season that has been off the charts,” said Frank Ursitti, the owner of H & M Landing.Scientists recorded ocean temperatures at more than 80 degrees last week.Ursitti says his tours are lining in more dorado, yellowtail, yellowfin and bluefin this time of year than usual.  “Often time times anglers or recreational fisherman will have to venture 8 to 15 days at seas for certain kinds of fish,” said Ursitti, “but now some of anglers are venturing just 12 hours offshore for the fish of a lifetime.”Fisherman Magnum Scuro says they have all noticed the warmer waters, but he is curious for what may be it consequences next year.“There are some negative things that can happen with the warm water - it can kill the kelp,” said Scuro, “ (the) hot water is going to expose a lot of areas where there hasn’t been kelp so we can get to it, but there’s going to be be a lot of kelp that’s going to be gone.” 1151

SAN FRANCISCO (AP) — An appeals court has rejected a former Stanford University swimmer's bid for a new trial and upheld his sexual assault conviction.The three-judge panel of the 6th District Court of Appeal ruled unanimously Wednesday that Brock Turner received a fair trial.A San Jose jury in 2016 convicted Turner of sexually assaulting a young, intoxicated woman outside an on-campus fraternity party.Judge Aaron Persky rejected a prosecutor's demand for a lengthy prison term and instead sentenced him to six months in jail. Turner appealed the conviction, arguing he didn't receive a fair trial.Persky's sentence sparked nationwide outrage by those who felt it too lenient. It also led to debate over the criminal justice system's handling of sexual assault victims.Voters recalled Persky in June. 812

SAN DIEGO (KGTV): A vacant lot next to the College-Rolando area library has become a dumping ground for homeless people and their trash. Now neighbors are fed up and want the owners to do something about it."My house is not even this trashy," says Erin Webster, who visits the library every day. "I keep my house clean. I think we should keep this whole community clean."The lot, at 6650 Montezuma Road, is owned by 52 Blue Falcon LLC, an investment group. They've filed paperwork with the city to build a 4-story Holiday Inn Express on the property. They're still waiting for final city approval."Everybody's trying to get through this process as quickly as possible," says Jeannette Temple with the Atlantis Group, who is a consultant on the project.In the meantime, homeless people have broken through the fence blocking off the lot. There are piles of mattresses, food, tents, electronics and other garbage piled up on every side.Temple told 10News the owners hired a cleaning company to come this week and remove the trash. She also says they have contracted with a security company to come twice a day and kick out anyone who doesn't belong.She says they welcome the complaints from the community and the owners want to know when things aren't right."We appreciate their eyes and ears because we don't want anything bad to happen at the property either," says Temple.Temple says the owners hope to start construction on the hotel at the start of 2019 and it should take about 18 months to finish.City of San Diego representatives say there are ways people can report problem properties in their neighborhood. You can request an investigation through code enforcement at this website: https://www.sandiego.gov/ced/report/investigation.You can also search to see if an investigation is underway here: https://aca.accela.com/SANDIEGO/Cap/CapHome.aspx?module=CE&TabName=CE&TabList=Home.  1922