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SAN DIEGO (KGTV)- San Diego County barely avoided falling back into the purple tier of the state’s reopening system, staying in the red for now.The color-coded tier system has been difficult for many business owners to deal with as they wonder if they will face more restrictions in the coming weeks.“We are working with the state to share our concerns and thoughts about the metrics they are using to put our county in the different tiers,” said Greg Cox, San Diego County Supervisor. "The reality is we remain at risk of being moved to the more restrictive tier in the future if we don’t do those things that we know we need to do.”Dr. Wilma Wooten, the county’s public health officer, said she and other health officers across the state have been pushing for the state to improve its metrics system to go beyond case rate and positivity rate.She would like to see three things happen.“If counties are maintaining hospitalizations and hospital capacities to somehow get credit for that, and also get credit for contact tracing,” she said.Wooten said the county should also get credit for providing access to COVID-19 testing in vulnerable communities hit the hardest.“San Diego has done an excellent job to date of getting access to testing in those communities that are hit the hardest,” she said.On Tuesday, the County Board of Supervisors passed a motion in a 4 to 1 vote to send a letter to the state backing Wooten’s effort in revising the reopening criteria.Wooten is urging members of the public to continue wearing a facial covering, washing hands, avoiding large gatherings, and staying home when sick, especially as flu season is on the way.“We do not have a vaccine for COVID-19, but we have a vaccine for the flu,” she said. “Getting the flu vaccine is the most important step in preventing the flu.” 1822

SAN DIEGO (KTGV)— A homeless man and convicted rapist accused of sexually assaulting a woman at an East Village bar in November faced his accuser in San Diego Superior Court. Gary Cushinberry, who's accused of multiple counts of sexual assault and attempted rape, pleaded not guilty. The judge ordered all media to conceal the victim’s identity, and to refer to her as Jane Doe. Jane Doe took the stand and recalled what happened on the evening of November 5th. She said she was at Amplified Kitchen and Beer Garden in East Village, celebrating with some colleagues.After having a few drinks, she headed to her car. She admitted she was drunk at the time, and her memory was hazy. But she did remember the moment her bottom touch the ground.“He was touching underneath the blanket, and I just remember being shocked. Uh, next he further proceeded to put his hand in my pants,” Doe said. While he attacked her on the ground underneath a dirty blanket, he tried to drug her with what she thought was a meth pipe, Doe continued. Detective Carlos Munoz of the San Diego Police Department also spoke in open court. After the case was assigned to him, he monitored surveillance cameras in the area. The detective found footage of a homeless man fitting Gary Cushinberry’s description, pulling Jane Doe into a bush next to her car. The two were not in frame for the next 25 minutes, until video captured Jane Doe speeding away from the parking lot, back into Amplified, where she later reported the assault.“It’s like you imagine a fight or flight. And I didn’t really fight and I didn’t flight. I just froze,” Doe said. Cushinberry, who is already a convicted rapist in Indiana, returned to the frame, just two minutes later. “When he walks up toward the intersection, or the corner, he is adjusting his belt, he is adjusting his waist,” Detective Munoz said. The next day, Jane Doe provided information for a suspect sketch.Officers also took her to Palomar Hospital to run a rape kit. DNA Criminalist Adam Dutra of the San Diego Police Department Crime Lab tested the DNA swab taken from the front button and zipper of Jane Doe’s shorts.“There was strong support for the inclusion of Mr. Cushinberry as the 98% contributor,” Dutra said. Cushinberry’s past convictions include rape in 1995, sexual battery in 1997, and recently, felony robbery in San Diego.His next court appearance is on December 19th. 2407

SAN DIEGO COUNTY (KGTV)-- Scattered showers sprinkled all across San Diego County Saturday, bringing with it up to a quarter inch of rain. While rain totals were not significant, it was the reason for hundreds of car accidents.At 11:40 AM, 10News found a passenger van flipped onto its side. The driver said he was turning onto the Home on-ramp on WB 94 when he hydroplaned and flipped over. With some help from good Samaritans, he was able to climb up out of the passenger side door. He was not hurt. There were no passengers. One of many solo spin-outs happened on the 163 S to the 8 E on-ramp. The driver said at around 12:30 PM, he lost control of his truck at the top of the loop, then smashed into the concrete barrier. He said he felt lucky he did not roll down into a 50-foot embankment like another car did just a few hours prior in the same spot.RELATED: Check today's San Diego forecast10News crews also saw countless fender benders and flatbed tow trucks roaming the highways. Mother nature also wreaked havoc onto herself. At around 2:30 PM, a tree toppled onto Northbound 805 near Plaza South.Branches partially blocked the slow lane until clean up crews arrived.By afternoon, the rain clouds started to concentrate over North County. A three-car crash happened along Westbound 78 near the Nordahl Rd on-ramp in San Marcos. The small red vehicle ended up mangled, and the Prius somehow climbed up an embankment. Firefighters said all airbags on the Prius were deployed, and thankfully no-one was injured. 1526

SAN DIEGO (KGTV)-- Reports show some people are so desperate to get the new COVID-19 vaccine that they are offering boutique physicians thousands of dollars to jump the line — but doctors say that is not an option.Money can certainly get you perks: personalized care, treatment, even at-home COVID tests."Concierge clients definitely get privileges," Dr. Donna Ni said. "They really don't want to go to the doctor's office. They want to be seen at home. So a lot of the outpatient services are actually delivered at the patient's home."Dr. Ni owns San Diego Concierge Medicine, a boutique private practice offering medical and aesthetic services. With another surge in COVID-19 cases and the new vaccine roll-out, she says her clients are getting curious."They ask, 'How can I make sure I have plasma antibodies? How can I make sure I get Remdesivir? Do I qualify for Regeneron?'" Dr. Ni said.Some reports show the rich and famous in Los Angeles are getting antsy, asking their concierge doctors to administer the vaccine now. Some are even offering thousands of dollars in donations to jump the line. But Dr. Ni says that is not possible."It is only to the hospitals, to the front lines, and none of my members are going to be able to get that," Ni said. "Pfizer is highly controlled by the government right now, so we just tell the clients to wait a little."What they are doing now is preparing and connecting clients who fall in the second tier to hospitals with the vaccine."We want to make sure that our clients are one of the first in the second tiers," Ni said.While there are no jumping tiers or skipping the line, Dr. Ni says concierge clients do get perks, a doctor personally advocating on their behalf to get care quickly."We are not trying to get them to a different priority group," Ni said. "We just want to make sure that when that priority group hits, they are eligible for care."The only people who are eligible to receive the first wave of COVID-19 vaccines are hospital and emergency staff, as well as people at long-term care facilities. The timeline for Tier Two patients has not been announced. 2125

SAN DIEGO (KGTV)  - San Diego State University unveiled Thursday details about its plan for a stadium in Mission Valley that could serve SDSU and a possible NFL team.The stadium is currently proposed as a home for the Aztecs, with 35,000 seats. It could be expanded into a 55,000 seat stadium for the NFL, according to SDSU athletic director John David Wicker.Details about the stadium include an aluminum-panel exterior designed to resemble boats. The panels would change color throughout the day and be illuminated with LED lighting at night.Other features include more than 82 suites, 50 loge boxes, two end-zone party decks, six exterior balconies, and five different club sections.The site would also offer 90,000 square feet of retail space.The stadium is being designed by global architecture and design firm Populous, which also designed Yankee Stadium, the London Olympics, and the Super Bowl.SoccerCity supporters, who want to bring a Major League Soccer team to Mission Valley, responded with a statement from SoccerCity project manager Nick Stone. 1077