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SAN DIEGO (CNS) - A drunken driver who went the wrong way and crashed head-on into another car in 4S Ranch, killing the other driver, was convicted Wednesday of gross vehicular manslaughter while intoxicated and DUI causing injury.Jurors deadlocked on a second-degree murder count against Alexandria Bayne, but will return Thursday to resume deliberations in hopes of reaching a consensus. The 37-year-old defendant was charged with murder due to two previous DUI convictions from 2005 and 2008.The panel deliberated two days before returning the vehicular manslaughter and DUI verdicts, and acquitted Bayne of four child endangerment counts involving allegations that she drove drunk earlier in the day while her children were riding in her minivan.RELATED: Fatal 4S Ranch DUI suspect breaks down in tears when husband testifies in hearingOn Thursday, the jury will hear a read-back of closing arguments and receive clarifications on the legal definitions of certain terms such as "intentionally" and "deliberately," which were cited as a source of contention in jury notes submitted to San Diego County Superior Court Judge Robert F. O'Neill.Sarita Shakya, a 38-year-old Scripps Mercy Hospital nurse, was heading home from work the afternoon of Dec. 17, 2016, on Camino Del Norte when her car was struck head-on by the defendant's vehicle.Deputy District Attorney Cally Bright told jurors in her opening statement that Bayne had been drinking alcoholic beverages throughout the day, starting that morning. The defendant and her attorney conceded she'd been drinking but was not drunk when she was behind the wheel. Though she testified that she had eight drinks throughout that day, she told the jury she simply made a mistake when she turned into opposing traffic lanes on Camino Del Norte.RELATED: Tears at preliminary hearing in suspected DUI fatal crashBayne's attorney, Michelle Hunsaker, contended that Bayne made that mistake because she was distracted by family issues, as well as her cell phone.Prosecutors said her blood alcohol content was measured at between .32 and .33% -- the legal limit is .08% -- after the crash.Hunsaker disputed that testing result, saying Bayne's alcohol consumption "just doesn't line up" with the .33% BAC alleged by the prosecution. She also said Bayne had encountered several people throughout the day and did not appear intoxicated.RELATED: Woman killed by suspected drunk driver in 4S Ranch identified"We are not discounting the magnitude of the loss of Ms. Shakya and take full responsibility for that collision. But distraction does not equal murder," Hunsaker said.Shakya's husband, Peter Chen, testified that his wife typically returned home sometime after midnight each night following her shift at the hospital. When she didn't show up, he called her supervisor, who didn't know why Shakya might be late.Hours later, he received the bad news."I couldn't believe what had happened," Chen said, calling it "the worst day of my life." 2990

SAN DIEGO (CNS) - A head-on collision Friday in Poway injured three people, one of them seriously injured and airlifted to a hospital.The collision occurred about 2 p.m. in the 15800 block of Poway Road, according to Sgt. David Toner of the San Diego County Sheriff's Department.Upon arrival, deputies found both vehicles, Mazda coupe and a Nissan Sentra, with major front-end damage, Toner said.The investigation revealed the Mazda was eastbound on Poway Road and had drifted into the westbound lane when the collision occurred, according to the sergeant.The 25-year-old woman driving the Nissan and her 1-year-old son were taken to a hospital as a precaution, while the driver of the Mazda, a 28-year- old man, was airlifted to Palomar Medical Center for treatment of serious injuries, Toner said.MAP: Traffic conditions throughout San DiegoNeither alcohol nor drugs were suspected as factors in the collision, he said. 929

SAN DIEGO — Small business owners across San Diego County are about to put in for their share of a 5 billion pot of forgivable federal loans.That’s because a new round of Paycheck Protection Program loans is part of the new stimulus package, to help small businesses make it through the pandemic.“Obviously, we have major restrictions on us and visits are down probably more than ever right now,” said Cat Kom, owner of Studio Sweat in Rancho Bernardo.Even moving the exercise bikes outside was a struggle for the gym. Kom got stuck in the elevator for more than an hour before fire rescue crews got her out.But she finally sees some help on the way - in the new stimulus package.“As long as they do their best and it's moral and the funding goes to the small businesses that really need it, and loopholes aren’t exploited, then that's the best that we can hope for,” she said.The first round did not go smoothly. In fact, major corporations like Shake Shack got the maximum million, and paid it back after public outcry,.This time, however, there are protections against that.Eligibility is limited to companies with up to 300 employees, down from 500 in the first round. Loans are capped at million, down from million, and companies must show revenue down 25 percent in at least one quarter - compared to the same quarter a year earlier.“Congress doesn't want a P.R. nightmare and I think they want to try to help the people that need it but not dump taxpayers money into big business that's doing just fine,” said Kelly DuFord Williams, managing partner at Slate Law Group.Small businesses have been waiting for that help for months.Once the stimulus package becomes law, small businesses can apply for the loans through their banks. 1758

SACRAMENTO, California (AP) — Impoverished towns in the shadow of Mount Shasta. Rustic Gold Rush cities in the Sierra Nevada foothills. High-dollar resort communities on the shores of Lake Tahoe. Ritzy Los Angeles County suburbs.They all could be the next Paradise.A McClatchy analysis reveals more than 350,000 Californians live in towns and cities that exist almost entirely within "very high fire hazard severity zones" — Cal Fire's designation for places highly vulnerable to devastating wildfires. These designations have proven eerily predictive about some of the state's most destructive wildfires in recent years, including the Camp Fire, the worst in state history.RELATED: Governor Gavin Newsom lays out plan for wildfire preventionNearly all of Paradise is colored in bright red on Cal Fire's map — practically the entire town was at severe risk before the Camp Fire raged through last November, burning the majority of homes in its path and killing 85 people.Malibu, where the Woolsey Fire burned more than 400 homes last year, also falls within very high hazard zones. As does the small Lake County town of Cobb, much of which was destroyed by the Valley Fire in 2015."There's a lot of Paradises out there," said Max Moritz, a fire specialist at UC Santa Barbara.RELATED: Wet winters no longer reduce wildfire risk in California, report claimsAll told, more than 2.7 million Californians live in very high fire hazard severity zones, from trailers off quiet dirt roads in the forest to mansions in the state's largest cities, according to the analysis, which is based on 2010 block-level census data. The California Department of Forestry and Fire Protection says its maps show places where wildfires are likely to be extreme due to factors including vegetation and topography.The maps aren't perfect in their ability to forecast where a fire will be destructive. For instance, the Coffey Park neighborhood of Santa Rosa isn't in a very high hazard zone, but powerful winds pushed the Tubbs Fire into that part of the city, largely leveling the neighborhood in October 2017.Coffey Park was built "with zero consideration for fire," said Chris Dicus, a forestry and fire expert at Cal Poly San Luis Obispo. "Fire was in the mountains — there was no consideration that fire would cross (Highway) 101."RELATED: Do it now: Clear out brush and create defensible spaceCal Fire is making new fire hazard maps — ready in a year or so — that will incorporate regional wind patterns and other climate factors. In the meantime, experts say the current maps, created about a decade ago, still provide an important guide to predict where wildfires could do the most damage, in the same way floodplain maps highlight areas that could be hit hardest during severe storms.The at-risk communities identified by McClatchy also should serve as a starting point for prioritizing how California should spend money on retrofits and other fire-safety programs, Moritz said.California's state-of-the-art building codes help protect homes from wildfire in the most vulnerable areas, experts say. But the codes only apply to new construction. A bill introduced by Assemblyman Jim Wood would provide cash to help Californians retrofit older homes."This will go a long way toward these different municipalities (in showing) that they deserve funding," Moritz said.McClatchy identified more than 75 towns and cities with populations over 1,000 where, like Paradise, at least 90 percent of residents live within the Cal Fire "very high fire hazard severity zones." 3555

SAN DIEGO (CNS) - A day after District Attorney Summer Stephen criticized the San Diego Police Department for employing incomplete testing of DNA evidence in some unsolved rape cases, Chief David Nisleit Wednesday announced that his agency would thoroughly analyze all such materials from now on.On Tuesday, Stephen told Voice of San Diego -- which revealed the contested investigative policy last week in an in-depth investigative story -- that the SDPD should not have performed incomplete examinations of dozens of rape kits while working through a decades-long backlog of open sex-assault cases."I don't think that that's the right thing to do," the district attorney told VOSD.Wednesday afternoon, the police chief announced that he had reached the same decision."We recognize the community has high expectations for us," Nisleit said in a prepared statement. "We also hold ourselves to the highest of standards. In order to meet these expectations, we will be working with a private laboratory to ensure all 1,700 historical kits are tested."When a sexual assault is reported to law enforcement, nurses collect swabs from different parts of a victim's body in search of the perpetrator's genetic material, and file away the DNA samples for testing in the future.Six months ago, San Diego police began testing only a single swab from dozens of previously untested kits, as opposed to the full set of a half- dozen available in each case, VOSD reported. The procedure was reserved for situations in which the district attorney had declined to prosecute, or when a warrant already had been issued for a suspect's arrest.That practice is officially a thing of the past, according to Nisleit."Moving forward, the department will test every single kit using a six-swab method," he said.According to SDPD officials, about 40 rape kits had been tested in the abbreviated manner. Though the department defended the procedure as appropriate in the relatively rare selected cases, an SDPD crime-lab analyst who spoke on condition of anonymity told Voice of San Diego there was another motivation."The reason given was, `We just need to check the box,"' the department staffer said. "There was no scientific reason given, not that `This would be more effective.' There was no indication that this was anything other than a political policy decision."The department canceled the policy in August, a day after Voice of San Diego first asked about it, according to the nonprofit news agency.Stephen said the District Attorney's Office had not approved of -- or even known about -- the investigative shortcuts being employed by the SDPD on some of the old rape kits it was reviewing."We assume that the testing will be done by proper standards," she told VOSD. "We don't get into the technical (aspects), because that's not our area. We trust that forensic experts will make those decisions correctly ... . Mistakes happen, but the key is to not get stuck on ego, to correct and to move forward so we can serve this community."Last year, the District Attorney's Office formalized an agreement with the San Diego County Sheriff's Department and 11 other police departments in the county -- all but the SDPD -- to clear the region's backlog of rape kits by forwarding them to outside laboratories for testing.Declining to join the effort, the SDPD instead opted to create an internal group to tackle the task. The panel included SDPD staffers, the local county prosecutor in charge of sex crimes and a victims' rights advocate. 3523

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