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SAN DIEGO (CNS) - A 19-year-old accused in the fatal beating of a 56- year-old man near a pedestrian bridge behind Petco Park was ordered Friday to stand trial on a murder charge, though a torture count was dismissed by a judge.Dominick Wells is accused in the Nov. 18, 2018, beating of Edward Starland, who was left comatose following the attack allegedly perpetrated by Wells and four juveniles. The juveniles -- two girls and two boys -- face unspecified charges in an ongoing juvenile court case.Witnesses said Starland had been fighting with a group of young people the afternoon of Nov. 18 before he was thrown down and beaten. When witnesses started yelling at the attackers to stop, they fled east on Imperial Avenue, police said.RELATED: Man dies after attack near Petco Park; four teens arrestedStarland never regained consciousness and was placed on life support. He died Dec. 3 at Scripps Mercy hospital.A cell phone video recorded by a bystander was shown during Wells' preliminary hearing and captures Starland, Wells and the juveniles exchanging words, none of which can be heard in the video. At some point, both men grab objects to seemingly defend themselves. Wells picks up a broomstick, while Starland lifts a bicycle over his head.Starland later tosses the bike to the ground, and is then knocked down by Wells and the juveniles, who begin punching and kicking him as he's on the sidewalk.RELATED: No charges filed against teen charged in Petco Park beatingWells' attorney, Stewart Dadmun, argued that Starland was the aggressor. The attorney said Starland made lewd comments to a 14-year-old girl in Wells' group, then threatened Wells and the others with violence, including lifting the bicycle into the air with the intention of dropping it onto Wells' head.Dadmun argued that Wells only wanted Starland to leave them alone and that the victim had been harassing them for some time prior to the events shown in the video.Deputy District Attorney Mary Loeb argued that self-defense did not apply because Wells advanced upon Starland to knock him to the ground. She noted that after Starland tosses the bike to the ground, he appears to back up a few steps before being attacked.RELATED: Arrests made in attack near Petco Park that left man with serious injuriesA medical examiner testified that Starland's death was the result of a heart attack, which could have been caused by stress or trauma from the fight. He also suffered from cardiac disease, the examiner testified, which Dadmun argued made it unclear whether the heart attack could be definitely stated as a result of the altercation with Wells.Superior Court Judge Yvonne Campos said "both adults played a role in this."Though she found insufficient evidence to hold Wells on the torture count, Campos said she could not overlook the nature of what ensued after Starland was taken to the ground."Once the victim was down on the ground, the continuing rampage against him is not something I can set aside," the judge said.Wells remains held on million bail and is due to return to court May 23 for a Superior Court arraignment. 3120

SAN DIEGO (CNS) - A judge Monday denied a request by four San Diego County businesses seeking to resume indoor operations following the county's recent slide into the purple tier of the state's coronavirus reopening plan.San Diego Superior Court Judge Kenneth J. Medel heard arguments Friday on the lawsuit, which was filed earlier this month on behalf of Cowboy Star Restaurant and Butcher Shop, Home & Away Encinitas, Fit Athletic Club and Bear Republic, shortly before indoor operations were suspended for nonessential businesses in the county due to rising COVID-19 case numbers.The businesses sought a temporary restraining order halting the prohibition on indoor operations, contending that San Diego County's increased case numbers are not a result of exposures at restaurants, gyms and other types of businesses impacted by the closures.While Medel and the state conceded pandemic restrictions have created negative economic impacts for businesses, both stated the public health concerns outweighed those harms.In his ruling, Medel wrote, "In the court's mind, the impact on public health of dismantling a portion of the state's COVID-19 response designed to reduce community spread outweighs the economic harm to plaintiffs at least pending further examination of these issues in any upcoming hearing on preliminary injunction."A status conference was scheduled for Dec. 2 for discussion regarding a preliminary injunction hearing.Wilson Elser, the law firm representing the businesses, declined comment on the ruling, stating through a spokesperson that it does not comment on active lawsuits.The lawsuit cited figures indicating restaurants/bars, retail businesses, places of worship, schools and gyms make up a small percentage of infections and confirmed community outbreaks.During Friday afternoon's hearing, attorney Bruno Katz, representing the businesses, referenced an adjudication request submitted to the state by San Diego County Public Health Officer Dr. Wilma Wooten, which sought to have San Diego County remain in the red tier. The request was rejected."Penalizing the impacted sectors for case inc

SACRAMENTO, Calif. (KGTV) — California’s Senate has approved a measure to increase the scrutiny of hunting licenses used in gun sales, prompted by last year’s fatal shooting at a Poway synagogue. Senate Bill 914, introduced by Democratic Sen. Anthony Portantino, would require gun stores and the state Department of Justice to both check the validity of hunting licenses during a waiting period after gun buyers purchase a weapon and before they pick it up. The bill will now head to the state Assembly.SB 914 comes after a 10News investigation uncovered that the 19-year-old shooting suspect bought the gun used in the attack at a shop in San Diego using an invalid hunting license. 10NEWS INVESTIGATIONS ON POWAY SHOOTING:New bill aims to correct error that allowed Poway suspect to buy gunQuestions about how the synagogue shooting suspect got the gunProcess to get a hunting license in CaliforniaThe suspect, 19 at the time of the shooting, used that invalid hunting license to claim an exemption to a state law that raised the minimum purchase age to 21.California's age limit law, a bill Portantino authored in 2018, kept the minimum purchase age at 18 for military, law enforcement, and those with valid state-issued hunting licenses."The system should have been better, and that's what we're coming to grips with," Portantino said in an interview with 10News reporter Jon Horn. "How do we make it better, so these things have protections so that it doesn't happen again?"The Associated Press contributed to this report. 1535

SAN DIEGO — Medical workers from all over San Diego made their way into SDCCU Stadium Wednesday to pick up free Personal Protective Equipment for their small and medium sized practices.The workers got free hand sanitizer, N95 masks, surgical masks, gloves and gowns. "It's really hard to find in stores, online, it's all out, everywhere," said Juana Vasquez, medical assistant at La Mesa Family Medical Groups, who was picking up supplies.Volunteers from the San Diego County Medical Society, UCSD Medical School and the Mira Mesa High School football team handed drivers boxes of the gear in the stadium's parking lot. Medical organizations of 50 or fewer are eligible, and more than 500 of them registered for the event. Dr. Holly Yang, a hospice and palliative care specialist at Scripps and president of the San Diego County Medical Society, said larger hospital systems have been able to source the necessary PPE for its staff. For smaller operations, however, it has been a challenge."Everyone wants to take care of patients," Yang said. "We should not in this country have to be afraid for ourselves and our families. We should have the right equipment. It’s completely inexcusable that this far into the pandemic that that is not available and I’m so grateful that we are able to do this for our small practices."The items came available due to Gov. Newsom's billion PPE purchase earlier in the pandemic. The pickups are happening Wednesday and Thursday. Pre-registration is required. Email ppe@cmadocs.org for more information. 1548

SALEM, Ore. (AP) — Two federal judges have ordered the United States Postal Service to continue to implement "extraordinary measures" to make sure ballots are delivered on-time before the presidential election.A federal judge has ordered the U.S. Postal Service to take "extraordinary measures" to deliver ballots in time to be counted in Wisconsin and around Detroit, including using a priority mail service.Chief U.S. District Judge Stanley Bastian in Yakima, Washington, issued the order on Friday after being presented with data showing on-time delivery of ballots sent by voters were too slow in the battleground states of Michigan and Wisconsin.Washington state Attorney General Bob Ferguson's office says delivery of ballots in the USPS Detroit district, for example, has dipped as low as 57% over the past week. National on-time delivery has been at 93% or higher.This comes on the same day that U.S. District Judge Emmet Sullivan signed an order, which requires the USPS to use the Express Mail network to make sure ballots are "entered close to or on Election Day to their intended destination," CNN reported.In a statement on Friday, the USPS outlined its "extraordinary measures" local post offices would take to accelerate ballots' delivery.CNN reported that processing plant managers send ballots and all local ballots to the provincial election or post office by 10 a.m. Monday and Tuesday by using Express Mail.Reuters reported that local ballots must be processed and delivered to regional post offices the day they arrive or the next morning until Nov. 7. 1581