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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 17-year-old boy was pistol whipped and shot in the leg by a man who also snatched the child's cellphone Saturday morning in the Grantville community of San Diego.The teenager was talking on his cellphone in the 6100 block of Decena Drive when he was approached by the suspect at 4 a.m., who demanded his cellphone, said Officer Tony Martinez of the San Diego Police Department.The victim refused and was pistol whipped and then shot in the leg. The suspect then fled the scene with the child's cellphone, Martinez said. The boy suffered a laceration to the head and a shattered femur. Paramedics rushed him to an area hospital.The suspect was about 6-foot, 4-inches tall with a heavy build. He was last seen wearing a black hoodie and green pants.Anyone with any information regarding the assault and shooting was urged to call Crime Stoppers at 888-580-8477. 887

SAN DIEGO (CNS) - A 17-year-old from San Diego driving a vehicle police suspected to be stolen was shot by a detective during a traffic stop, Hemet police said Saturday.Detectives with the department's Crime Suppression Unit conducted the traffic stop at about 9:45 p.m. Wednesday in the 300 block of North San Jacinto Street, Lt. Jeff Davis said."Detectives transitioned to a high risk stop after a records check revealed the vehicle was reported stolen from the San Diego area. An officer involved shooting occurred during the stop," Davis said.The San Diego teen was hospitalized with a non-life-threatening gunshot wound and later released to his guardian after receiving treatment, according to the news release.It was unclear what led to the shooting, and a call to Davis by a reporter Saturday morning was not returned.No officers were injured in the encounter, and an investigation was ongoing. 910

SAN DIEGO — Marvel's "Avengers: Infinity War" has just hit theaters, igniting a new wave of excitement over the studio's next installment set for theaters next year.But fans hoping to catch a glimpse of what's in store at San Diego Comic-Con International are out of luck. Speaking with Collider, Marvel Studios president Kevin Feige announced there will be no Hall H presence at the convention in 2018."We’re not going to Hall H this year. It will be an off year… which is what we did after Avengers 1 and what we’ve done every few years," Feige said. "There will be a tenth-anniversary presence at Comic-Con but [no Hall H panel.]"Marvel has traditionally booked a Hall H slot on Saturday night of Comic-Con to make major announcements, tease upcoming movies, and deliver special experiences to fans. The panel routinely leads to fans waiting days to get inside the panel.This is the first time Marvel will sit out of Hall H since 2015.Marvel Studios will release the next Avengers film ("Avengers 4," for now) in May 2019, expected to pick up after the events of "Infinity War."Between now and then, the studios will release "Ant-Man and the Wasp" (July 6, 2018) and "Captain Marvel" (March 9, 2019). A "Spider-Man" sequel is also set for 2019. But Feige says no new announcements are expected until after "Avengers 4."Comic-Con International returns to San Diego July 19 through July 22. 1429

SALT LAKE CITY, Utah — A Utah family that ordered free coronavirus masks through a state program say they were sent politically-charged face coverings featuring a handgun and a controversial slogan.Christine Passey-Spencer of Rose Park says she ordered the masks through a sate program, "A Mask for Every Utahn." Since April, the campaign has used federal COVID-19 money to purchase more than 2 million masks from local and international manufacturers to limit the spread of the virus."I was just shocked," Passey-Spencer said.The two masks feature an American flag with a handgun printed across the front. The face coverings also feature the slogan "Don't Tread on Me," written below a coiled rattlesnake."I think the thing that bothered me most is that I knew my tax dollars paid for this, and this is very politically-charged speech," Passey-Spencer said.The Gadsden Flag — the inspiration for the snake and "Don't Tread on Me" slogan — was first used in the Revolutionary War. But in recent years, the image has been co-opted by the Tea Party, anti-gun control activists and white supremacists. In 2016, it was deemed to have "racially-tinged" messaging in some contexts by the federal government. More recently, the image has been used by people believing COVID-19 health restrictions take away their constitutional rights."We hope this is an isolated incident; that we just missed these couple of masks," said Ben Hart, who oversees Utah's mask program for the Governor's Office of Economic Development.Hart admits about 100 of the "Don't Tread on Me" masks were included in a shipment last month. Hart says the staff deemed them "inappropriate" and attempted to set all of them aside."We will not be using taxpayer dollars to pay for these masks. We will be working with the manufacturer and ensuring we do not pay for them," Hart said.The governor's office replaced the masks for Passey-Spencer on Tuesday.This story was originally published by Hailey Higgins on KSTU in Salt Lake City, Utah. 2008