mercurynews--2020-12-29--CVS, Walgreens to vaccinate staff, residents at long-term care facilities in California

Pharmacists and technicians at CVS and Walgreens soon will be administering Pfizer ’ s COVID-19 vaccine to California residents and staff in long-term care facilities under a coronavirus pharmacy partnership .
Gov .
Gavin Newsom announced the state was joining the pharmacy effort Monday .
In the announcement , the governor ’ s office said CVS and Walgreens would start with nursing homes , which will take an estimated three to four weeks , followed by vaccines for staff and residents in assisted living , residential care and other long-term care facilities .
The federal program comes at no cost @ @ @ @ @ @ @ according to Newsom ’ s office .
“ Vaccinating those most vulnerable among us is critical to fighting this virus , ” Newsom said in a statement .
“ By leveraging CVS and Walgreens resources , we can effectively deploy vaccines to residents and staff at our long-term care facilities , which are at higher risk of Covid transmission – and do it at no cost to the state or local government.
” CVS and Walgreens ’ pharmacy staff will be administering the vaccine directly at care facilities .
Skilled nursing facilities will @ @ @ @ @ @ @ CVS and Walgreens .
• California teachers grouped in ‘ next phase ’ of potential recipients for COVID-19 vaccine • Here ’ s who will be next in line to receive California ’ s coronavirus vaccines The state said roughly 499 nursing homes will be provided the COVID-19 vaccine by CVS and 357 by Walgreens .
The vaccines will be administered by pharmacists , pharmacy technicians and nurses .
Pharmacy technicians , the state said , are able to participate under a waiver by the Board of Pharmacy .
“ This partnership is @ @ @ @ @ @ @ at the local level to prioritize our most vulnerable Californians where we are seeing the most outbreaks , hospitalizations , and deaths , ” said Dr. Erica Pan , Interim State Public Health Officer .
“ The partnership also allows us to continue to vaccinate other high priority individuals such as our front-line health care workers who are critical to our ongoing response to a surge of cases .
”

Pharmacists and technicians at CVS and Walgreens soon will be administering Pfizer’s COVID-19 vaccine to California residents and staff in long-term care facilities under a coronavirus pharmacy partnership.
Gov. Gavin Newsom announced the state was joining the pharmacy effort Monday. In the announcement, the governor’s office said CVS and Walgreens would start with nursing homes, which will take an estimated three to four weeks, followed by vaccines for staff and residents in assisted living, residential care and other long-term care facilities.
The federal program comes at no cost to the state or local governments, according to Newsom’s office.
“Vaccinating those most vulnerable among us is critical to fighting this virus,” Newsom said in a statement. “By leveraging CVS and Walgreens resources, we can effectively deploy vaccines to residents and staff at our long-term care facilities, which are at higher risk of Covid transmission – and do it at no cost to the state or local government.”
CVS and Walgreens’ pharmacy staff will be administering the vaccine directly at care facilities. Skilled nursing facilities will get the vaccine from staff delivered from CVS and Walgreens.
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Long Covid cases in US adults are on the decline, but many continue to struggle with symptoms Business | COVID Q&A: Can I use an expired test? Time to get boosted? How to cope with California’s sneaky summer surge The state said roughly 499 nursing homes will be provided the COVID-19 vaccine by CVS and 357 by Walgreens. The vaccines will be administered by pharmacists, pharmacy technicians and nurses. Pharmacy technicians, the state said, are able to participate under a waiver by the Board of Pharmacy.
“This partnership is an opportunity to augment other vaccination efforts at the local level to prioritize our most vulnerable Californians where we are seeing the most outbreaks, hospitalizations, and deaths,” said Dr. Erica Pan, Interim State Public Health Officer. “The partnership also allows us to continue to vaccinate other high priority individuals such as our front-line health care workers who are critical to our ongoing response to a surge of cases.”


mercurynews--2020-12-30--Officers linked to Breonna Taylor killing may be fired

LOUISVILLE , Ky. — Louisville police have taken steps that could result in the firing of two officers connected to Breonna Taylor ’ s death — the one who sought the no-knock search warrant that led detectives to her apartment and another found to have opened fire .
Detective Joshua Jaynes received a pretermination letter , media outlets reported Tuesday .
It came after a Professional Standards Unit investigation found he had violated department procedures for preparation of a search warrant and truthfulness , his attorney said .
Detective Myles Cosgrove also received a pretermination letter , media outlets later @ @ @ @ @ @ @ Beck .
Kentucky ’ s attorney general has said it was Cosgrove who appeared to have fired the fatal shot at Taylor , according to ballistics tests .
The shooting death of the 26-year-old Black woman in her home sparked months of protests in Louisville alongside national protests over racial injustice and police misconduct .
Jaynes has a hearing with interim Chief Yvette Gentry and her staff on Thursday .
“ Detective Jaynes and I will show up for the pretermination hearing to try to convince acting Chief Gentry that this action is @ @ @ @ @ @ @ the Courier Journal .
“ Jaynes did nothing wrong.
” Jaynes was not present during the shooting at Taylor ’ s apartment in Louisville .
About 12 hours earlier , he secured a warrant with a “ no-knock ” clause from a judge .
In Jaynes ’ pretermination letter , Gentry said , the officer committed “ extreme violations of our policies , which endangered others.
” “ Your actions have brought discredit upon yourself and the department , ” she wrote .
“ Your conduct has severely damaged the image our department @ @ @ @ @ @ @ were serving a narcotics warrant on March 13 when they shot Taylor , but no drugs or cash were found in her home .
Taylor was an emergency medical worker who had settled in for the night when police busted through her door .
Former officer Brett Hankison was charged by a grand jury with wanton endangerment , a low-level felony , for firing into an adjacent apartment where people were present .
The two officers who shot Taylor , according to ballistics evidence , were not charged by the grand jury .
@ @ @ @ @ @ @ Taylor ’ s boyfriend during the raid and returned fire .
Taylor ’ s boyfriend said he thought an intruder was breaking into her apartment .

Associated Press
LOUISVILLE, Ky. — Louisville police have taken steps that could result in the firing of two officers connected to Breonna Taylor’s death — the one who sought the no-knock search warrant that led detectives to her apartment and another found to have opened fire.
Detective Joshua Jaynes received a pretermination letter, media outlets reported Tuesday. It came after a Professional Standards Unit investigation found he had violated department procedures for preparation of a search warrant and truthfulness, his attorney said.
Detective Myles Cosgrove also received a pretermination letter, media outlets later reported, citing his attorney, Jarrod Beck. Kentucky’s attorney general has said it was Cosgrove who appeared to have fired the fatal shot at Taylor, according to ballistics tests.
The shooting death of the 26-year-old Black woman in her home sparked months of protests in Louisville alongside national protests over racial injustice and police misconduct.
Jaynes has a hearing with interim Chief Yvette Gentry and her staff on Thursday.
“Detective Jaynes and I will show up for the pretermination hearing to try to convince acting Chief Gentry that this action is unwarranted,” attorney Thomas Clay told the Courier Journal. “Jaynes did nothing wrong.”
Jaynes was not present during the shooting at Taylor’s apartment in Louisville. About 12 hours earlier, he secured a warrant with a “no-knock” clause from a judge.
In Jaynes’ pretermination letter, Gentry said, the officer committed “extreme violations of our policies, which endangered others.”
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Officers were serving a narcotics warrant on March 13 when they shot Taylor, but no drugs or cash were found in her home. Taylor was an emergency medical worker who had settled in for the night when police busted through her door.
Former officer Brett Hankison was charged by a grand jury with wanton endangerment, a low-level felony, for firing into an adjacent apartment where people were present. The two officers who shot Taylor, according to ballistics evidence, were not charged by the grand jury. One of those officers was shot by Taylor’s boyfriend during the raid and returned fire. Taylor’s boyfriend said he thought an intruder was breaking into her apartment.


mercurynews--2020-12-30--Coronavirus: How week between Christmas and New Year’s could create ‘exposure upon exposure’

As a deluge of COVID-19 patients pushes Southern California hospitals to their breaking points , state health officials are nervously eyeing the early days of 2021 .
That ’ s because even as the surge of infections that followed Thanksgiving appears to be leveling off in the Bay Area and much of Northern California , another wave could take shape during this normally quiet week between Christmas and New Year ’ s .
It ’ s the worry of “ exposure upon exposure , ” state Health and Human Services Secretary Dr. Mark Ghaly said Tuesday : Infections could “ @ @ @ @ @ @ @ the virus during holiday celebrations last week wind up spreading it during New Year ’ s Eve parties this week .
Health officials who have pleaded with people not to travel or gather with one another for Thanksgiving and Christmas are now repeating those requests as people ring in 2021 .
Most of those who fall ill with COVID-19 will begin experiencing symptoms about five days after being exposed , experts say , and can be contagious for 24 to 48 hours before they develop symptoms .
And many who are infected and @ @ @ @ @ @ @ .
With more than 21,000 Californians hospitalized because of COVID-19 as of Tuesday , another surge could be devastating , especially in the hard-hit southern part of the state , Ghaly said .
He warned that if things do not improve , some hospitals there face the possibility they may need to move into ‘ crisis ’ mode where care could be rationed based on a patient ’ s chance of surviving .
“ We could see the worst of it in early January , ” Ghaly said .
“ Many of the @ @ @ @ @ @ @ to in Southern California are bracing for exactly that : a significant surge ( and ) a significant need to not only deal with what we ’ ve seen up until now , but an even more extreme condition in the middle and second part of January.
” Elsewhere in California , another holiday surge would mean wiping out progress in slowing the spread of the virus in recent days .
The state as a whole saw alarming increases in new coronavirus cases through most of December .
But starting a few days @ @ @ @ @ @ @ off .
After peaking at a seven-day average of just over 45,388 cases per day on Dec. 20 , by Monday that figure stood at 38,093 .
The Bay Area has seen other encouraging signs the region has “ turned a corner , ” University of California San Francisco epidemiologist George Rutherford said , likely as a result of tough new stay-home orders that aimed to slow spread of the virus .
Rutherford cited the rate of tests that are positive for coronavirus and the effective reproduction figure — a measure of how @ @ @ @ @ @ @ virus to — both of which are in decline in the Bay Area .
“ You ’ d hate to give it all back ” with another surge , Rutherford said .
Any new infections from Christmas are not expected to start showing up for a few more days , San Francisco Public Health Director Dr. Grant Colfax noted at a press conference Tuesday .
“ Let ’ s remember the power is in our hands to continue to turn this surge around , ” Colfax said .
But despite a similar leveling-off @ @ @ @ @ @ @ , state officials are not as optimistic about trends there .
Shelter-in-place orders officially were extended Tuesday for the southern part of the state , including Los Angeles and much of the Central Valley .
Many facilities in Los Angeles have had to turn away ambulances because they are overwhelmed with patients .
The Los Angeles Times reported Tuesday that some patients were being treated in conference rooms and gift shops and that hospital officials fear oxygen supplies could run low .
“ We certainly know that Southern California hospitals are in crisis @ @ @ @ @ @ @ at-times jarring presentation on what happens amid “ crisis care ” circumstances in hospitals , Ghaly described how doctors could be forced to ration care such as oxygen and ventilators if the crush of patients doesn ’ t ease .
Kim McCoy Wade , director of the state Department on Aging , sought to allay some concerns by emphasizing that factors such as a patient ’ s race , age or disability status would not be used in making such dire decisions , saying they would instead be based on each person ’ @ @ @ @ @ @ @ near term.
” That kind of rationing of care — precisely what health officials have feared throughout the pandemic — has not yet become necessary , Ghaly said .
The state is also working with hospitals to share resources and provide support to ease the burden on overwhelmed facilities .
Still , Ghaly compared hospitals ’ capacity to a rubber band .
It can stretch when needed , he said , but “ that stretch has a limit before it breaks .
”

As a deluge of COVID-19 patients pushes Southern California hospitals to their breaking points, state health officials are nervously eyeing the early days of 2021.
That’s because even as the surge of infections that followed Thanksgiving appears to be leveling off in the Bay Area and much of Northern California, another wave could take shape during this normally quiet week between Christmas and New Year’s.
It’s the worry of “exposure upon exposure,” state Health and Human Services Secretary Dr. Mark Ghaly said Tuesday: Infections could “become amplified” if people who caught the virus during holiday celebrations last week wind up spreading it during New Year’s Eve parties this week.
Health officials who have pleaded with people not to travel or gather with one another for Thanksgiving and Christmas are now repeating those requests as people ring in 2021. Most of those who fall ill with COVID-19 will begin experiencing symptoms about five days after being exposed, experts say, and can be contagious for 24 to 48 hours before they develop symptoms. And many who are infected and transmit the virus may never feel sick.
With more than 21,000 Californians hospitalized because of COVID-19 as of Tuesday, another surge could be devastating, especially in the hard-hit southern part of the state, Ghaly said. He warned that if things do not improve, some hospitals there face the possibility they may need to move into ‘crisis’ mode where care could be rationed based on a patient’s chance of surviving.
“We could see the worst of it in early January,” Ghaly said. “Many of the hospital leaders that I’ve talked to in Southern California are bracing for exactly that: a significant surge (and) a significant need to not only deal with what we’ve seen up until now, but an even more extreme condition in the middle and second part of January.”
Elsewhere in California, another holiday surge would mean wiping out progress in slowing the spread of the virus in recent days.
The state as a whole saw alarming increases in new coronavirus cases through most of December. But starting a few days before Christmas, it began to level off. After peaking at a seven-day average of just over 45,388 cases per day on Dec. 20, by Monday that figure stood at 38,093.
The Bay Area has seen other encouraging signs the region has “turned a corner,” University of California San Francisco epidemiologist George Rutherford said, likely as a result of tough new stay-home orders that aimed to slow spread of the virus. Rutherford cited the rate of tests that are positive for coronavirus and the effective reproduction figure — a measure of how many others each infected person passes the virus to — both of which are in decline in the Bay Area.
“You’d hate to give it all back” with another surge, Rutherford said.
Any new infections from Christmas are not expected to start showing up for a few more days, San Francisco Public Health Director Dr. Grant Colfax noted at a press conference Tuesday.
“Let’s remember the power is in our hands to continue to turn this surge around,” Colfax said.
But despite a similar leveling-off of reported new cases in Southern California, state officials are not as optimistic about trends there. Shelter-in-place orders officially were extended Tuesday for the southern part of the state, including Los Angeles and much of the Central Valley.
Many facilities in Los Angeles have had to turn away ambulances because they are overwhelmed with patients. The Los Angeles Times reported Tuesday that some patients were being treated in conference rooms and gift shops and that hospital officials fear oxygen supplies could run low.
“We certainly know that Southern California hospitals are in crisis,” Ghaly said.
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Long Covid cases in US adults are on the decline, but many continue to struggle with symptoms Health | COVID Q&A: Can I use an expired test? Time to get boosted? How to cope with California’s sneaky summer surge In an at-times jarring presentation on what happens amid “crisis care” circumstances in hospitals, Ghaly described how doctors could be forced to ration care such as oxygen and ventilators if the crush of patients doesn’t ease. Kim McCoy Wade, director of the state Department on Aging, sought to allay some concerns by emphasizing that factors such as a patient’s race, age or disability status would not be used in making such dire decisions, saying they would instead be based on each person’s “likelihood of surviving in the near term.”
That kind of rationing of care — precisely what health officials have feared throughout the pandemic — has not yet become necessary, Ghaly said. The state is also working with hospitals to share resources and provide support to ease the burden on overwhelmed facilities.
Still, Ghaly compared hospitals’ capacity to a rubber band. It can stretch when needed, he said, but “that stretch has a limit before it breaks.”
Staff writer Evan Webeck contributed reporting.


mercurynews--2020-12-30--‘You deserve to rot in a prison cell’: Citing new state law, Contra Costa judge frees woman convicte

‘You deserve to rot in a prison cell’: Citing new state law, Contra Costa judge frees woman convicted of murder in fatal 2013 robbery

MARTINEZ — Citing a 2019 law that changes the way murders can be prosecuted in California , a Contra Costa Superior Court judge reversed the murder conviction against a woman who was implicated in a 2013 robbery outside the casino in San Pablo .
The ruling by Judge Anita Santos is expected to free 32-year-old Brittany Bernard , who was convicted as an accomplice in the killing of 43-year-old Rodel Sarmiento .
Bernard ’ s boyfriend , Kevin Thongsay Vilayngeun , 40 , followed Sarmiento from the San Pablo Lytton Casino and fatally shot him during a robbery attempt .
@ @ @ @ @ @ @ the casino , using a feigned romantic interest in him .
But Bernard was in a different car , a short distance away from the murder scene , when Sarmiento was fatally shot .
That ’ s what made her eligible for legal relief under SB 1437 , a state law designed to prevent accomplices from being charged with murder in homicide cases when they weren ’ t the actual killer , and when they ’ re deemed to not be a major participant in the killing .
Under the previous law , @ @ @ @ @ @ @ simply for participating in a felony , if another participant killed someone .
Proponents of the law said that the old legal system punished people who ’ d shown no murderous intent for factors out of their control .
Bernard ’ s attorney , Paul Feuerwerker , argued at a hearing back in September that Vilayngeun had acted on his own when he shot and killed Sarmiento , and that Bernard was far enough away that it was impossible for her to prevent the murder .
He said that until Vilayngeun “ deviated @ @ @ @ @ @ @ a “ run of the mill robbery.
” Prosecutors contended that Bernard ’ s involvement in the robbery plot was enough to make her a major participant , arguing that the killing wouldn ’ t have happened if not for her role .
According to a transcript of the Dec. 14 hearing , Santos said that she sided with Bernard ’ s position “ not because that ’ s what the court wanted to do , but that ’ s how the court saw it , after great consideration and legal understanding , @ @ @ @ @ @ @ the law.
” She said the crime was “ vicious , callous , and cruel , ” with a vulnerable victim in the sense that he was alone and drawn to the location where he was ultimately killed .
Before Santos formally granted the petition , she heard from two members of Sarmiento ’ s family .
His daughter said she blames Bernard for the murder and that “ without my father , my life has been obstacle-filled to say the least.
” “ I had to accept at a young age that @ @ @ @ @ @ @ in this cruel world , ” she said .
“ The only way to succeed is to advertise yourself as a charity case or work harder than a person with a complete family.
” She added that her father ’ s murder was “ premeditated , planned , and carried out by the same woman who might walk out free.
” “ I understand I am young , but I know that justice — ‘ Injustice anywhere is a threat everywhere , ’ Martin Luther King said .
If everyone has a right @ @ @ @ @ @ @ a right to mine .
Which is to see my father again , just for a second , just to remember his voice , because after a while the memories get lost in the outermost parts of my mind , ” she said .
“ Sadly this dream of mine is no longer possible .
If so , please allow me to believe in our justice system again .
Give me that at least.
” At the hearing ’ s end , Bernard — appearing remotely by video — apologized for her role @ @ @ @ @ @ @ m sorry for all the pain that I caused , ” Bernard said , later adding , “ The time that I served in here has not gone to waste .
I ’ m not the same person I was before .
And if I do get out , I ’ ll make sure that I won ’ t ever do anything like this again .
I just want to say I ’ m so sorry.
” The prosecutor , deputy district attorney Chad Mahalich , said in court he would have appealed @ @ @ @ @ @ @ his office prevented him from doing so .
That has been a common theme in other homicide cases prosecuted by Mahalich ; last year , he publicly criticized a decision by his boss , District Attorney Diana Becton , to not challenge a state law that allowed a then-15-year-old murder defendant to be prosecuted as a juvenile , not an adult .
When Mahalich refused to preside over a plea hearing where the teen was sentenced in that case , Becton issued a reprimand letter on Mahalich ’ s personnel file .
At @ @ @ @ @ @ @ a “ sloppy bill ” that “ failed victims of murder and their families.
” Then he turned to address Bernard , telling her he hoped she would do “ something worthwhile ” with her freedom , but he doubted it would happen .
“ You don ’ t deserve to be free , ” Mahalich said , according to the transcript .
He later added , “ You knew exactly what ( Vilayngeun ) was going to do , and you targeted Rodel Sarmiento and took him from a place of safety @ @ @ @ @ @ @ .
If you think you didn ’ t do that , you are living in a dream world…You deserve to rot in a prison cell .
”

MARTINEZ — Citing a 2019 law that changes the way murders can be prosecuted in California, a Contra Costa Superior Court judge reversed the murder conviction against a woman who was implicated in a 2013 robbery outside the casino in San Pablo.
The ruling by Judge Anita Santos is expected to free 32-year-old Brittany Bernard, who was convicted as an accomplice in the killing of 43-year-old Rodel Sarmiento. Bernard’s boyfriend, Kevin Thongsay Vilayngeun, 40, followed Sarmiento from the San Pablo Lytton Casino and fatally shot him during a robbery attempt. Bernard was accused of luring Sarmiento from the casino, using a feigned romantic interest in him.
But Bernard was in a different car, a short distance away from the murder scene, when Sarmiento was fatally shot. That’s what made her eligible for legal relief under SB 1437, a state law designed to prevent accomplices from being charged with murder in homicide cases when they weren’t the actual killer, and when they’re deemed to not be a major participant in the killing.
Under the previous law, a person could be charged with murder simply for participating in a felony, if another participant killed someone. Proponents of the law said that the old legal system punished people who’d shown no murderous intent for factors out of their control.
Bernard’s attorney, Paul Feuerwerker, argued at a hearing back in September that Vilayngeun had acted on his own when he shot and killed Sarmiento, and that Bernard was far enough away that it was impossible for her to prevent the murder. He said that until Vilayngeun “deviated from the plan,” it was a “run of the mill robbery.”
Prosecutors contended that Bernard’s involvement in the robbery plot was enough to make her a major participant, arguing that the killing wouldn’t have happened if not for her role.
According to a transcript of the Dec. 14 hearing, Santos said that she sided with Bernard’s position “not because that’s what the court wanted to do, but that’s how the court saw it, after great consideration and legal understanding, I was required to do so under the law.” She said the crime was “vicious, callous, and cruel,” with a vulnerable victim in the sense that he was alone and drawn to the location where he was ultimately killed.
Before Santos formally granted the petition, she heard from two members of Sarmiento’s family. His daughter said she blames Bernard for the murder and that “without my father, my life has been obstacle-filled to say the least.”
“I had to accept at a young age that no one is looking out for me in this cruel world,” she said. “The only way to succeed is to advertise yourself as a charity case or work harder than a person with a complete family.”
She added that her father’s murder was “premeditated, planned, and carried out by the same woman who might walk out free.”
“I understand I am young, but I know that justice — ‘Injustice anywhere is a threat everywhere,’ Martin Luther King said. If everyone has a right to their own dreams, I have a right to mine. Which is to see my father again, just for a second, just to remember his voice, because after a while the memories get lost in the outermost parts of my mind,” she said. “Sadly this dream of mine is no longer possible. If so, please allow me to believe in our justice system again. Give me that at least.”
At the hearing’s end, Bernard — appearing remotely by video — apologized for her role in the killing.
“I’m sorry for all the pain that I caused,” Bernard said, later adding, “The time that I served in here has not gone to waste. I’m not the same person I was before. And if I do get out, I’ll make sure that I won’t ever do anything like this again. I just want to say I’m so sorry.”
The prosecutor, deputy district attorney Chad Mahalich, said in court he would have appealed Santos’ ruling but that higher-ups in his office prevented him from doing so. That has been a common theme in other homicide cases prosecuted by Mahalich; last year, he publicly criticized a decision by his boss, District Attorney Diana Becton, to not challenge a state law that allowed a then-15-year-old murder defendant to be prosecuted as a juvenile, not an adult. When Mahalich refused to preside over a plea hearing where the teen was sentenced in that case, Becton issued a reprimand letter on Mahalich’s personnel file.
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“You don’t deserve to be free,” Mahalich said, according to the transcript. He later added, “You knew exactly what (Vilayngeun) was going to do, and you targeted Rodel Sarmiento and took him from a place of safety and set him up to be murdered. If you think you didn’t do that, you are living in a dream world…You deserve to rot in a prison cell.”


mercurynews--2020-12-30--Feds won’t charge officers in Tamir Rice killing

By Michael Balsamo and Eric Tucker | Associated Press WASHINGTON — The Justice Department announced Tuesday that it would not bring federal criminal charges against two Cleveland police officers in the 2014 killing of 12-year-old Tamir Rice , saying video of the shooting was of too poor a quality for prosecutors to conclusively establish what had happened .
In closing the case , the department brought to an end a long-running investigation into a high-profile shooting that helped galvanize the Black Lives Matter movement and that became part of the national dialogue about police use of force against minorities , @ @ @ @ @ @ @ in a lengthy statement , does not condone the officers ’ actions but rather says the cumulative evidence was not enough to support a federal criminal civil rights prosecution .
Tamir was playing with a pellet gun outside a recreation center in Cleveland on Nov. 22 , 2014 , when he was shot and killed by Officer Timothy Loehmann , who is white , seconds after Loehmann and his partner , Officer Frank Garmback , arrived at the scene .
The officers were called to the recreation center after a man drinking beer @ @ @ @ @ @ @ 911 to report that a “ guy ” was pointing a gun at people .
The caller told a 911 dispatcher that it was probably a juvenile and the gun might be “ fake , ” though that information was never relayed to the officers .
To bring federal civil rights charges in cases like these , the Justice Department must prove that an officer ’ s actions willfully broke the law rather than being the result of a mistake , negligence or bad judgment .
It has been a consistently tough burden @ @ @ @ @ @ @ Democratic and Republican administrations , with the Justice Department declining criminal charges against police officers in other high-profile cases in recent years , including in the deaths of Eric Garner in New York City and Michael Brown in Ferguson , Missouri .
In a statement , Subodh Chandra , an attorney for the boy ’ s family , said the Justice Department ’ s “ process was tainted ” and the family has demanded prosecutors provide additional information about recommendations made during the probe .
“ It ’ s beyond comprehension that the @ @ @ @ @ @ @ officer who claims he shouted commands when the patrol car ’ s window was closed and it was a winter day is lying , ” Chandra said .
“ The Rice family has been cheated of a fair process yet again.
” In this case , the Justice Department said poor-quality surveillance video recorded in the area where the shooting took place prevented prosecutors from being able to conclusively determine whether Rice was or was not reaching for his toy gun just prior to being shot .
The two officers who were investigated @ @ @ @ @ @ @ Rice was reaching for his toy weapon prior to being shot and was given multiple commands to show his hands .
But the video reviewed by federal prosecutors makes the sequence of events less clear .
The grainy time-lapse video , which has no audio , “ does not show detail or perspective ” and the camera ’ s view is obstructed by a police patrol car , prosecutors said .
In addition , they said , though the positioning of the boy ’ s arms suggests they were in the vicinity of @ @ @ @ @ @ @ not visible in the video and it can not be determined from the video what he was doing.
” The Justice Department says seven use-of-force experts — three retained by the family , four by local authorities — reviewed the recording , but the poor quality of the video on which they relied and their “ conflicting opinions added little to the case.
” The experts used by the family said the shooting was unreasonable while the four others said that it was reasonable .
The New York Times reported in October that @ @ @ @ @ @ @ investigation , but Tuesday ’ s announcement makes it official .
Inconsistent witness statements also complicated any prosecution , and neither person said they saw exactly what Rice was doing just before the shooting , according to the Justice Department .
In a statement at the scene to three other law enforcement officers , Loehmann “ repeatedly and consistently stated ” that Tamir was reaching for a gun before he shot him , prosecutors said .
Both Loehmann and Garmback also said in statements after the shooting that Loehmann had given Tamir “ @ @ @ @ @ @ @ shooting ” and both officers saw him reaching for the weapon .
Prosecutors said Loehmann and Garmback were the only two witnesses in the “ near vicinity of the shooting.
” A state grand jury had declined to indict Loehmann , though he was later fired after it was discovered he was previously deemed “ unfit for duty.
” The Justice Department also investigated whether the officers obstructed justice in statements they made to other investigators soon after the shooting .
Prosecutors concluded that though the statements included some different language , they @ @ @ @ @ @ @ was not enough evidence to prove the statements were untrue , there was also not enough evidence to prove that the officers sought to misled investigators or to obstruct a probe into their actions .
Associated Press writer Mark Gillispie in Cleveland contributed to this report .

By Michael Balsamo and Eric Tucker | Associated Press
WASHINGTON — The Justice Department announced Tuesday that it would not bring federal criminal charges against two Cleveland police officers in the 2014 killing of 12-year-old Tamir Rice, saying video of the shooting was of too poor a quality for prosecutors to conclusively establish what had happened.
In closing the case, the department brought to an end a long-running investigation into a high-profile shooting that helped galvanize the Black Lives Matter movement and that became part of the national dialogue about police use of force against minorities, including children. The decision, revealed in a lengthy statement, does not condone the officers’ actions but rather says the cumulative evidence was not enough to support a federal criminal civil rights prosecution.
[vemba-video id=”us/2017/04/25/tamir-rice-police-interview-orig-llr.cnn”]
Video: Cops speak out about Tamir Rice’s death (2017)
Tamir was playing with a pellet gun outside a recreation center in Cleveland on Nov. 22, 2014, when he was shot and killed by Officer Timothy Loehmann, who is white, seconds after Loehmann and his partner, Officer Frank Garmback, arrived at the scene. The officers were called to the recreation center after a man drinking beer and waiting for a bus had called 911 to report that a “guy” was pointing a gun at people. The caller told a 911 dispatcher that it was probably a juvenile and the gun might be “fake,” though that information was never relayed to the officers.
To bring federal civil rights charges in cases like these, the Justice Department must prove that an officer’s actions willfully broke the law rather than being the result of a mistake, negligence or bad judgment. It has been a consistently tough burden for federal prosecutors to meet across both Democratic and Republican administrations, with the Justice Department declining criminal charges against police officers in other high-profile cases in recent years, including in the deaths of Eric Garner in New York City and Michael Brown in Ferguson, Missouri.
In a statement, Subodh Chandra, an attorney for the boy’s family, said the Justice Department’s “process was tainted” and the family has demanded prosecutors provide additional information about recommendations made during the probe.
“It’s beyond comprehension that the Department couldn’t recognize that an officer who claims he shouted commands when the patrol car’s window was closed and it was a winter day is lying,” Chandra said. “The Rice family has been cheated of a fair process yet again.”
In this case, the Justice Department said poor-quality surveillance video recorded in the area where the shooting took place prevented prosecutors from being able to conclusively determine whether Rice was or was not reaching for his toy gun just prior to being shot. The two officers who were investigated told authorities soon after the shooting that Rice was reaching for his toy weapon prior to being shot and was given multiple commands to show his hands.
But the video reviewed by federal prosecutors makes the sequence of events less clear. The grainy time-lapse video, which has no audio, “does not show detail or perspective” and the camera’s view is obstructed by a police patrol car, prosecutors said. In addition, they said, though the positioning of the boy’s arms suggests they were in the vicinity of his waist, “his hands are not visible in the video and it cannot be determined from the video what he was doing.”
The Justice Department says seven use-of-force experts — three retained by the family, four by local authorities — reviewed the recording, but the poor quality of the video on which they relied and their “conflicting opinions added little to the case.” The experts used by the family said the shooting was unreasonable while the four others said that it was reasonable.
The New York Times reported in October that the department had effectively shut down the investigation, but Tuesday’s announcement makes it official.
Inconsistent witness statements also complicated any prosecution, and neither person said they saw exactly what Rice was doing just before the shooting, according to the Justice Department.
In a statement at the scene to three other law enforcement officers, Loehmann “repeatedly and consistently stated” that Tamir was reaching for a gun before he shot him, prosecutors said.
Both Loehmann and Garmback also said in statements after the shooting that Loehmann had given Tamir “multiple commands to show his hands before shooting” and both officers saw him reaching for the weapon. Prosecutors said Loehmann and Garmback were the only two witnesses in the “near vicinity of the shooting.”
A state grand jury had declined to indict Loehmann, though he was later fired after it was discovered he was previously deemed “unfit for duty.”
The Justice Department also investigated whether the officers obstructed justice in statements they made to other investigators soon after the shooting. Prosecutors concluded that though the statements included some different language, they were generally consistent. And since there was not enough evidence to prove the statements were untrue, there was also not enough evidence to prove that the officers sought to misled investigators or to obstruct a probe into their actions.
Associated Press writer Mark Gillispie in Cleveland contributed to this report.


mercurynews--2020-12-30--Rose Bowl move adds spice to California-Texas tug-of-war

The California-Texas rivalry has taken two surprising twists : The Rose Bowl will be played near Dallas while the gap between the two state ’ s jobless rates reached a 14-year low .
Pasadena ’ s annual college football classic is taking a pandemic-era detour amid California business limitations so the teams can face off in front of fans .
This follows a string of Texas “ victories ” such as key California corporations relocating their headquarters to the Lone Star State not to mention 297,000 more Californians leaving for Texas than arriving during the past decade .
Efforts to @ @ @ @ @ @ @ 2020 ’ s biggest business debates .
Critics of Gov .
Gavin Newsom ’ s lockdowns and the state ’ s long-perceived anti-business bias frequently cite low-regulation Texas as a prime example of how governments should handle their economies .
Take California ’ s refusal to relax rules so families of the two Rose Bowl teams could watch in person .
The college football gods opted to move the New Year ’ s Day game to a stadium in Arlington , Texas , where up to 16,000 people will be allowed to attend @ @ @ @ @ @ @ s signature Rose Parade has long been canceled due to similar restrictions on crowds .
While Alabama and Notre Dame prepare to face off for a shot at the national championship , there are larger implications for the two states ’ economies as the virus continues to rage in both .
In November , California ’ s unemployment rate fell to 8.2 % from 9 % while Texas ’ joblessness rose to 8.1 % from 6.9 % .
California in the fall was slowly reopening its economy , a trend that was upended @ @ @ @ @ @ @ has struggled with the pandemic , too , along with weak energy markets that are key to one of the state ’ s major industries .
To be fair , unemployment isn ’ t the tell-all economic benchmark .
But this narrow jobless gap is a true rarity .
As someone who covers the grand economic skirmishes between the two states , I think history is worth reviewing .
My trusty spreadsheet tells me the last time California ’ s unemployment was the same as Texas , or better , was July 2006 @ @ @ @ @ @ @ nine-month period when the superheated mortgage bubble propelled California ’ s economy past Texas , at least as far as joblessness was concerned .
The only other recent time California outperformed like this — according to a government unemployment database that dates to 1976 — was a half-decade-long span from August 1985 to September 1990 .
Back then , the world ’ s oil markets collapsed , leaving energy businesses and the Texas economy in shambles .
Amid this interstate business battle , it ’ s fair to say that moving one event @ @ @ @ @ @ @ , pardon the pun .
Though I know there are folks who ’ ll argue the relocation symbolizes the economic costs of California ’ s over-zealous attempts to battle the pandemic .
However , the wealth vs. health math is gut-wrenching to think about , no less tricky to calculate .
For example , a study by Chapman University economists suggests California ’ s stringent controls saved 6,600 lives but cost 500,000 jobs .
Texas ’ less-restrictive actions cost 1,100 lives but saved 150,000 jobs , the study says .
I ’ ll @ @ @ @ @ @ @ had 26,500 coronavirus deaths this year vs. 24,200 in California , a state with 40 % more residents .
Monetarily speaking , a curious twist to this rivalry is that these two giant economies were the backbone of the national recovery from the Great Recession of 2009-10 .
Coming into 2020 , California — the nation ’ s biggest job market — had just finished a decade where it added 3.4 million jobs .
That ’ s a 2.2 % annual growth rate .
Texas ’ No .
2 job market added 2.7 @ @ @ @ @ @ @ a 2.4 % annual growth rate .
The rest of the nation grew at only a 1.5 % pace .
That translates to two states with almost 20 % of all U.S. jobs creating 27 % of nationwide hires last decade — a share that ’ s up from 24 % during the previous 20 years .
And it ’ s a good bet that these two economies will again be key in the national economic revival from COVID-19 , no matter which one wins the bragging rights .

The California-Texas rivalry has taken two surprising twists: The Rose Bowl will be played near Dallas while the gap between the two state’s jobless rates reached a 14-year low.
Pasadena’s annual college football classic is taking a pandemic-era detour amid California business limitations so the teams can face off in front of fans. This follows a string of Texas “victories” such as key California corporations relocating their headquarters to the Lone Star State not to mention 297,000 more Californians leaving for Texas than arriving during the past decade.
Efforts to quell the coronavirus have been one of 2020’s biggest business debates. Critics of Gov. Gavin Newsom’s lockdowns and the state’s long-perceived anti-business bias frequently cite low-regulation Texas as a prime example of how governments should handle their economies.
Take California’s refusal to relax rules so families of the two Rose Bowl teams could watch in person. The college football gods opted to move the New Year’s Day game to a stadium in Arlington, Texas, where up to 16,000 people will be allowed to attend. By the way, Pasadena’s signature Rose Parade has long been canceled due to similar restrictions on crowds.
While Alabama and Notre Dame prepare to face off for a shot at the national championship, there are larger implications for the two states’ economies as the virus continues to rage in both. In November, California’s unemployment rate fell to 8.2% from 9% while Texas’ joblessness rose to 8.1% from 6.9%.
California in the fall was slowly reopening its economy, a trend that was upended in December as cases surged. Texas has struggled with the pandemic, too, along with weak energy markets that are key to one of the state’s major industries.
To be fair, unemployment isn’t the tell-all economic benchmark. But this narrow jobless gap is a true rarity. As someone who covers the grand economic skirmishes between the two states, I think history is worth reviewing.
My trusty spreadsheet tells me the last time California’s unemployment was the same as Texas, or better, was July 2006. It was the end of a nine-month period when the superheated mortgage bubble propelled California’s economy past Texas, at least as far as joblessness was concerned.
The only other recent time California outperformed like this — according to a government unemployment database that dates to 1976 — was a half-decade-long span from August 1985 to September 1990. Back then, the world’s oil markets collapsed, leaving energy businesses and the Texas economy in shambles.
Amid this interstate business battle, it’s fair to say that moving one event for one year is no economic gamechanger, pardon the pun. Though I know there are folks who’ll argue the relocation symbolizes the economic costs of California’s over-zealous attempts to battle the pandemic.
However, the wealth vs. health math is gut-wrenching to think about, no less tricky to calculate.
For example, a study by Chapman University economists suggests California’s stringent controls saved 6,600 lives but cost 500,000 jobs. Texas’ less-restrictive actions cost 1,100 lives but saved 150,000 jobs, the study says.
I’ll simply note that through Monday, Texas had 26,500 coronavirus deaths this year vs. 24,200 in California, a state with 40% more residents.
Monetarily speaking, a curious twist to this rivalry is that these two giant economies were the backbone of the national recovery from the Great Recession of 2009-10.
Coming into 2020, California — the nation’s biggest job market — had just finished a decade where it added 3.4 million jobs. That’s a 2.2% annual growth rate. Texas’ No. 2 job market added 2.7 million workers in the 2010s — or a 2.4% annual growth rate. The rest of the nation grew at only a 1.5% pace.
That translates to two states with almost 20% of all U.S. jobs creating 27% of nationwide hires last decade — a share that’s up from 24% during the previous 20 years.


mercurynews--2020-12-30--McConnell moves to combine Trump demands into bill

Senate Majority Leader Mitch McConnell introduced legislation Tuesday to combine two additional demands from President Donald Trump to an expansion of direct stimulus payments as part of the Covid-19 relief package , raising Democratic concern the pathway for expanded stimulus payments would soon be short-circuited .
The Kentucky Republican , shortly before adjourning the Senate on Tuesday afternoon , introduced a bill that would combine increased direct payments with a repeal of the online liability protections known as Section 230 and the establishment of a commission to study voter fraud .
The latter two issues have been significant drivers of @ @ @ @ @ @ @ of his general election loss — the latter of which with zero evidence presented to this point .
While the move doesn ’ t guarantee McConnell will bring the bill up for a vote , it provides a substantive option should time — and the political winds — press the chamber in that direction .
It ’ s also one that would be all but certain to fail to garner the votes for passage .
Senate Democratic leader Chuck Schumer of New York called the bill a “ cynical gambit ” and said @ @ @ @ @ @ @ attempt ” to ensure the $ 2,000 direct payments were not signed into law .
But McConnell ’ s move was crucial for several reasons in the final chaotic days of the 116th Congress .
With two politically endangered GOP senators just days away from runoff elections — Kelly Loeffler and David Perdue of Georgia — announcing their support for Trump ’ s push for $ 2,000 checks , McConnell has found himself in a position he spends the vast majority of his time as Republican leader trying to avoid : Navigating a @ @ @ @ @ @ @ Rubio of Florida and Josh Hawley of Missouri are also behind the push to expand the payments , with Hawley playing a central role in pushing the issue to the forefront .
The group is hardly a majority , however , aides say .
A significant number of Senate Republicans have problems with the House-passed measure to increase the direct payments .
Sen. Patrick Toomey , a Pennsylvania Republican , called the direct payments , given their size and scope , “ not sound economic policy.
” Sen. John Cornyn , a Texas @ @ @ @ @ @ @ , said he was opposed to the standalone direct payments increase and said given the amount Congress has appropriated in Covid relief up to this point , more focus should be placed on those efforts .
“ This is just opportunistic on the part of the House , ” Cornyn said of House Democrats .
“ They ’ ve got an issue and unfortunately it seems to be drowning out all the other good stuff we ’ ve done.
” By tying all of Trump ’ s demands together , particularly with policies @ @ @ @ @ @ @ McConnell gives himself an option that , should he bring it to the floor , would give Republicans something to vote for with little risk it could become law .
“ If we start adding poison pills to the $ 2,000 payment bill , that is just another way of telling the American people that this body doesn ’ t support $ 2,000 payments , ” Sen. Chris Murphy , a Connecticut Democrat , said of the additional provisions .
McConnell , with this alternative bill , is tying all of Trump ’ @ @ @ @ @ @ @ legislation .
While aides say it ’ s unclear if the bill will actually come up — there remains a possibility the 116th Congress comes to an end with no action at all — should it do so , it would serve as a way to address the President ’ s issues and give the two Georgia Republican senators in tight runoffs something to vote for .
Even without a vote , the existence of the bill itself would appear to address Trump ’ s demands from a Sunday statement that the Senate @ @ @ @ @ @ @ that increases checks to $ 2,000 , repeals Section 230 , and starts an investigation into voter fraud.
” By introducing the bill and moving to place it on the Senate calendar , McConnell has , technically , started that process .
McConnell himself appeared to allude to the very specific language in his earlier Senate floor remarks , noting that the chamber would “ begin a process ” to address the President ’ s demands .
Trump , however , has continued to beat the drum on the increased payments on Twitter @ @ @ @ @ @ @ “ Unless Republicans have a death wish , and it is also the right thing to do , they must approve the $ 2000 payments ASAP , ” Trump tweeted .
“ $ 600 IS NOT ENOUGH !
Also , get rid of Section 230 – Don ’ t let Big Tech steal our Country , and don ’ t let the Democrats steal the Presidential Election .
Get tough !
” But , as is often a hallmark of Trump ’ s dealings with Congress , it has remained unclear whether he @ @ @ @ @ @ @ as a standalone measure or combined with the other elements .
That ambiguity has , in a way , opened the door for McConnell ’ s legislative offer .
Before any action on stimulus payments , McConnell has made clear the priority for the chamber is to stay on track to process the override of Trump ’ s veto of the National Defense Authorization Act , which failed to include the changes Trump wanted to Section 230 .
McConnell initially attempted to set that vote for Wednesday , but Sen. Bernie Sanders objected @ @ @ @ @ @ @ process out unless the Senate held an up-or-down vote on the House-passed stimulus check measure .
“ The working class of this country today faces more economic desperation than at any time since the Great Depression of the 1930s , ” said Sanders , a Vermont independent who has been central in the push to increase the size of the direct payments .
Sanders , however , can ’ t stop the NDAA override vote — only draw it out .
And several GOP aides noted that a longer process on the NDAA @ @ @ @ @ @ @ the check entirely and want no action taken at all on the direct payments issue before the end of the 116th Congress on Sunday .
Earlier Tuesday , McConnell pledged on the Senate floor only that he would “ begin the process ” of addressing the issues raised by Trump .
He never committed to any votes , on the stimulus checks or anything else .
This provides him a pathway should he decide to take it , but nothing is locked in at this point , aides say .
This story has @ @ @ @ @ @ @

By Phil Mattingly | CNN
Senate Majority Leader Mitch McConnell introduced legislation Tuesday to combine two additional demands from President Donald Trump to an expansion of direct stimulus payments as part of the Covid-19 relief package, raising Democratic concern the pathway for expanded stimulus payments would soon be short-circuited.
The Kentucky Republican, shortly before adjourning the Senate on Tuesday afternoon, introduced a bill that would combine increased direct payments with a repeal of the online liability protections known as Section 230 and the establishment of a commission to study voter fraud. The latter two issues have been significant drivers of Trump’s ire in the wake of his general election loss — the latter of which with zero evidence presented to this point.
While the move doesn’t guarantee McConnell will bring the bill up for a vote, it provides a substantive option should time — and the political winds — press the chamber in that direction. It’s also one that would be all but certain to fail to garner the votes for passage.
Senate Democratic leader Chuck Schumer of New York called the bill a “cynical gambit” and said it would serve as “a blatant attempt” to ensure the $2,000 direct payments were not signed into law.
But McConnell’s move was crucial for several reasons in the final chaotic days of the 116th Congress.
With two politically endangered GOP senators just days away from runoff elections — Kelly Loeffler and David Perdue of Georgia — announcing their support for Trump’s push for $2,000 checks, McConnell has found himself in a position he spends the vast majority of his time as Republican leader trying to avoid: Navigating a divided conference. Republican Sens. Marco Rubio of Florida and Josh Hawley of Missouri are also behind the push to expand the payments, with Hawley playing a central role in pushing the issue to the forefront.
The group is hardly a majority, however, aides say. A significant number of Senate Republicans have problems with the House-passed measure to increase the direct payments.
Sen. Patrick Toomey, a Pennsylvania Republican, called the direct payments, given their size and scope, “not sound economic policy.”
Sen. John Cornyn, a Texas Republican and ally of McConnell’s, said he was opposed to the standalone direct payments increase and said given the amount Congress has appropriated in Covid relief up to this point, more focus should be placed on those efforts.
“This is just opportunistic on the part of the House,” Cornyn said of House Democrats. “They’ve got an issue and unfortunately it seems to be drowning out all the other good stuff we’ve done.”
By tying all of Trump’s demands together, particularly with policies Democrats are almost sure to oppose, McConnell gives himself an option that, should he bring it to the floor, would give Republicans something to vote for with little risk it could become law.
“If we start adding poison pills to the $2,000 payment bill, that is just another way of telling the American people that this body doesn’t support $2,000 payments,” Sen. Chris Murphy, a Connecticut Democrat, said of the additional provisions.
McConnell, with this alternative bill, is tying all of Trump’s demands into a single piece of legislation. While aides say it’s unclear if the bill will actually come up — there remains a possibility the 116th Congress comes to an end with no action at all — should it do so, it would serve as a way to address the President’s issues and give the two Georgia Republican senators in tight runoffs something to vote for.
Even without a vote, the existence of the bill itself would appear to address Trump’s demands from a Sunday statement that the Senate “start the process for a vote that increases checks to $2,000, repeals Section 230, and starts an investigation into voter fraud.”
By introducing the bill and moving to place it on the Senate calendar, McConnell has, technically, started that process. McConnell himself appeared to allude to the very specific language in his earlier Senate floor remarks, noting that the chamber would “begin a process” to address the President’s demands.
Trump, however, has continued to beat the drum on the increased payments on Twitter — and to attack Republican leaders.
“Unless Republicans have a death wish, and it is also the right thing to do, they must approve the $2000 payments ASAP,” Trump tweeted. “$600 IS NOT ENOUGH! Also, get rid of Section 230 – Don’t let Big Tech steal our Country, and don’t let the Democrats steal the Presidential Election. Get tough!”
But, as is often a hallmark of Trump’s dealings with Congress, it has remained unclear whether he wants the vote on expanded direct payments as a standalone measure or combined with the other elements. That ambiguity has, in a way, opened the door for McConnell’s legislative offer.
Before any action on stimulus payments, McConnell has made clear the priority for the chamber is to stay on track to process the override of Trump’s veto of the National Defense Authorization Act, which failed to include the changes Trump wanted to Section 230. McConnell initially attempted to set that vote for Wednesday, but Sen. Bernie Sanders objected and made clear he would draw the process out unless the Senate held an up-or-down vote on the House-passed stimulus check measure.
“The working class of this country today faces more economic desperation than at any time since the Great Depression of the 1930s,” said Sanders, a Vermont independent who has been central in the push to increase the size of the direct payments.
Sanders, however, can’t stop the NDAA override vote — only draw it out. And several GOP aides noted that a longer process on the NDAA could aid Republicans who are opposed to the check entirely and want no action taken at all on the direct payments issue before the end of the 116th Congress on Sunday.
Earlier Tuesday, McConnell pledged on the Senate floor only that he would “begin the process” of addressing the issues raised by Trump. He never committed to any votes, on the stimulus checks or anything else. This provides him a pathway should he decide to take it, but nothing is locked in at this point, aides say.
This story has been updated with additional developments Tuesday.


mercurynews--2020-12-30--San Jose State quarterback Nick Starkel announces he’ll be back next season

Nick Starkel plans to return to San Jose State in 2021 , the quarterback announced Tuesday on Twitter .
Starkel tweeted a video with the caption , “ College Football might be tired of me , but I ’ m not tired of College Football !
” At the end of the video , the words “ run it back ” appear on the screen , along with San Jose State ’ s logo .
In his first season with the Spartans , Starkel , a second-team all-Mountain West selection , has completed 65.1 percent of his passes for 1,906 @ @ @ @ @ @ @ lead the undefeated and 19th-ranked Spartans ( 7-0 ) against Ball State in the Arizona Bowl on Thursday in Tucson .
In his last game , against Boise State for the Mountain West championship game on Dec. 19 , Starkel set a conference title game record with 453 passing yards .
“ This team has been resilient the entire time , ” Starkel said after the Boise State game .
“ No matter what happens — no matter if it ’ s , ‘ Hey , we can ’ t practice at home @ @ @ @ @ @ @ ‘ Hey .
we ’ re going to have to leave and go play a home game in Hawaii and then go to Vegas , ’ our team just says , ‘ All right .
Let ’ s go.
’ ” Starkel has been on the go throughout his collegiate career .
He stood out at Texas A & M as a redshirt freshman in 2017 before losing his job as a sophomore .
He transferred for the 2019 season to Arkansas , where his playing time fluctuated after he threw interceptions in @ @ @ @ @ @ @ .
But that outcome didn ’ t keep San Jose State , which had never beaten an SEC team , from opening its doors when Starkel decided to move again .
A text message from Josh Love , San Jose State ’ s quarterback last season , guided Starkel to Silicon Valley — just 50 miles south of San Francisco ’ s Presidio , where military kid Starkel lived with his family from 2002 to 2004 .
“ I trusted that I was going to be in good hands , ” Starkel said @ @ @ @ @ @ @ comfortable making that move.
” Love and Starkel met during the Summer of 2019 at Steve Clarkson ’ s Quarterback Retreat in Los Angeles , where they worked as camp counselors alongside the likes of Tua Tagovailoa , Trevor Lawrence and Jalen Hurts .
• San Jose State football : The view from behind enemy lines at Arizona Bowl • Bud Geracie on San Jose State football : The greatest season we never saw coming Starkel had only one season of eligibility left when he moved on from Arkansas .
But because of @ @ @ @ @ @ @ The NCAA granted all fall student-athletes , including football players , an extra year of eligibility , opening the door for Starkel ’ s return next fall .
Other San Jose State veterans , such as receivers Bailey Gaither and Tre Walker , will have the opportunity to come back for next season as well .
It ’ s possible that Starkel could change his mind , especially if his NFL draft stock goes up .
But , for now .
he seems perfectly satisfied with returning for one more year as the @ @ @ @ @ @ @ season Thursday .

Nick Starkel plans to return to San Jose State in 2021, the quarterback announced Tuesday on Twitter.
Starkel tweeted a video with the caption, “College Football might be tired of me, but I’m not tired of College Football!”
At the end of the video, the words “run it back” appear on the screen, along with San Jose State’s logo.
In his first season with the Spartans, Starkel, a second-team all-Mountain West selection, has completed 65.1 percent of his passes for 1,906 yards and 16 touchdowns.
He will lead the undefeated and 19th-ranked Spartans (7-0) against Ball State in the Arizona Bowl on Thursday in Tucson.
In his last game, against Boise State for the Mountain West championship game on Dec. 19, Starkel set a conference title game record with 453 passing yards.
“This team has been resilient the entire time,” Starkel said after the Boise State game. “No matter what happens — no matter if it’s, ‘Hey, we can’t practice at home, practice at Scotts Valley’ or ‘Hey. we’re going to have to leave and go play a home game in Hawaii and then go to Vegas,’ our team just says, ‘All right. Let’s go.’”
Starkel has been on the go throughout his collegiate career.
He stood out at Texas A&M as a redshirt freshman in 2017 before losing his job as a sophomore. He transferred for the 2019 season to Arkansas, where his playing time fluctuated after he threw interceptions in an early-season loss to San Jose State.
But that outcome didn’t keep San Jose State, which had never beaten an SEC team, from opening its doors when Starkel decided to move again.
A text message from Josh Love, San Jose State’s quarterback last season, guided Starkel to Silicon Valley — just 50 miles south of San Francisco’s Presidio, where military kid Starkel lived with his family from 2002 to 2004.
“I trusted that I was going to be in good hands,” Starkel said. “I felt very, very comfortable making that move.”
Love and Starkel met during the Summer of 2019 at Steve Clarkson’s Quarterback Retreat in Los Angeles, where they worked as camp counselors alongside the likes of Tua Tagovailoa, Trevor Lawrence and Jalen Hurts.
Starkel had only one season of eligibility left when he moved on from Arkansas. But because of COVID-19, he now has two.
The NCAA granted all fall student-athletes, including football players, an extra year of eligibility, opening the door for Starkel’s return next fall. Other San Jose State veterans, such as receivers Bailey Gaither and Tre Walker, will have the opportunity to come back for next season as well.
It’s possible that Starkel could change his mind, especially if his NFL draft stock goes up.
But, for now. he seems perfectly satisfied with returning for one more year as the Spartans try to finish off a perfect season Thursday.


mercurynews--2020-12-29--Mnuchin: Stimulus checks to begin arriving soon

WASHINGTON – U.S. Treasury Secretary Steven Mnuchin said on Tuesday that $ 600 stimulus checks could begin arriving in people @ @ @ @ @ soon as this evening .
Mnuchin tweeted that payments may begin to arrive by direct @ @ @ @ @ evening , and will continue arriving into next week .
The government will begin mailing @ @ @ @ @ for people without government-registered bank accounts .

By Pete Schroeder | Reuters
WASHINGTON – U.S. Treasury Secretary Steven Mnuchin said on Tuesday that $600 stimulus checks could begin arriving in people’s bank accounts as soon as this evening.
Mnuchin tweeted that payments may begin to arrive by direct deposit as early as Tuesday evening, and will continue arriving into next week. The government will begin mailing out paper checks on Wednesday for people without government-registered bank accounts.


mercurynews--2020-12-29--Reversing prior court order, federal judge jails Oakland man accused of being a large-scale Tenderlo

Reversing prior court order, federal judge jails Oakland man accused of being a large-scale Tenderloin fentanyl trafficker

SAN JOSE — In a decision that reverses an order issued by a magistrate judge last week , a federal judge sided with prosecutors and agreed to keep a 22-year-old Oakland man locked up while he awaits the resolution on charges that he was distributing large amounts of meth and fentanyl to Tenderloin-area drug dealers .
Gutsabo Ramos , 22 , is charged with distribution of controlled substances , a federal offenses that carries a maximum of 20 years in prison .
During a search of his Oakland home , authorities say they found nearly a pound of both fentanyl @ @ @ @ @ @ @ AR-15-style rifle that didn ’ t have a serial number .
At a court hearing Tuesday afternoon , U.S. District Judge Edward Davila ruled that Ramos was both a danger to the community and a flight risk , and ordered him to continue to be incarcerated at Santa Rita Jail .
Late last week , U.S. Magistrate Judge Laurel Beeler allowed Ramos to be released to house arrest after his girlfriend agreed to act as a surety on his bond .
Prosecutors appealed Beeler ’ s order to Davila .
Davila said it @ @ @ @ @ @ @ him , but cited two main factors that he said gave him overriding concerns about releasing Ramos : the “ ghost gun ” found at his home , and his more than dozens arrests , as well as documented failures to appear in other criminal cases , over a two-year period .
“ I ’ ve looked at this case and his state charges suggest pattern of illegal activity and suggests to the court he will not follow court orders , ” Davila said .
He added , though that he agreed with @ @ @ @ @ @ @ best place ” for Ramos and that he hopes Ramos will make a positive change in his young life .
Prosecutors argued that Ramos — who is undocumented — would simply flee the moment he was released .
Ramos ’ attorney , Alanna Coopersmith , argued that his girlfriend would ensure he followed court orders and pointed out that despite his numerous arrests , he has only one felony conviction .
She said Ramos has multiple birthdates on identification forms and that his true age is 17 , not 22 , which would @ @ @ @ @ @ @ Santa Rita or to be prosecuted federally as an adult .
“ He ’ s a young man who only has a 6th grade education , ” Coopersmith said in court Tuesday .
“ He came to this country not to sell fentanyl…He came to this country to further himself , to work , to get an education.
” Davila , though , said that the presence of the gun was “ chilling ” and that while he may not have intended to become a drug dealer , “ he finds himself in @ @ @ @ @ @ @ dont think he ’ s the supplier , I don ’ t think he ’ s Mr. Big if you want to put it that way…but the evidence suggests that whoever the supplier is reposes an amount of trust and confidence in this young man , ” Davila said .
According to court records , Ramos had previously violated a court order to stay-away from the Tenderloin , and allegedly elbowed a San Francisco policeman who was attempting to arrest him in a prior incident .
When authorities searched his home earlier this @ @ @ @ @ @ @ the drugs were later found and barricaded himself in the bedroom , prosecutors said .
“ He isn ’ t a typical Tenderloin street level drug dealer…we ’ re talking about drugs in the pounds and kilos , ” assistant U.S. Attorney Yoosun Koh said in court Tuesday .
She added that fentanyl is responsible for the majority of overdose deaths in the Bay Area , which have spiked for the past two years .

SAN JOSE — In a decision that reverses an order issued by a magistrate judge last week, a federal judge sided with prosecutors and agreed to keep a 22-year-old Oakland man locked up while he awaits the resolution on charges that he was distributing large amounts of meth and fentanyl to Tenderloin-area drug dealers.
Gutsabo Ramos, 22, is charged with distribution of controlled substances, a federal offenses that carries a maximum of 20 years in prison. During a search of his Oakland home, authorities say they found nearly a pound of both fentanyl and meth, as well as an AR-15-style rifle that didn’t have a serial number.
At a court hearing Tuesday afternoon, U.S. District Judge Edward Davila ruled that Ramos was both a danger to the community and a flight risk, and ordered him to continue to be incarcerated at Santa Rita Jail. Late last week, U.S. Magistrate Judge Laurel Beeler allowed Ramos to be released to house arrest after his girlfriend agreed to act as a surety on his bond. Prosecutors appealed Beeler’s order to Davila.
Davila said it was a “close call” for him, but cited two main factors that he said gave him overriding concerns about releasing Ramos: the “ghost gun” found at his home, and his more than dozens arrests, as well as documented failures to appear in other criminal cases, over a two-year period.
“I’ve looked at this case and his state charges suggest pattern of illegal activity and suggests to the court he will not follow court orders,” Davila said. He added, though that he agreed with Beeler that jail is “not the best place” for Ramos and that he hopes Ramos will make a positive change in his young life.
Prosecutors argued that Ramos — who is undocumented — would simply flee the moment he was released. Ramos’ attorney, Alanna Coopersmith, argued that his girlfriend would ensure he followed court orders and pointed out that despite his numerous arrests, he has only one felony conviction. She said Ramos has multiple birthdates on identification forms and that his true age is 17, not 22, which would make him ineligible to be incarcerated at Santa Rita or to be prosecuted federally as an adult.
“He’s a young man who only has a 6th grade education,” Coopersmith said in court Tuesday. “He came to this country not to sell fentanyl…He came to this country to further himself, to work, to get an education.”
Davila, though, said that the presence of the gun was “chilling” and that while he may not have intended to become a drug dealer, “he finds himself in court on these charges.”
“I dont think he’s the supplier, I don’t think he’s Mr. Big if you want to put it that way…but the evidence suggests that whoever the supplier is reposes an amount of trust and confidence in this young man,” Davila said.
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Massachusetts pot boss apologizes as state’s weed sales hit all-time high Crime and Public Safety | Redwood City drug deal ends in double shooting According to court records, Ramos had previously violated a court order to stay-away from the Tenderloin, and allegedly elbowed a San Francisco policeman who was attempting to arrest him in a prior incident. When authorities searched his home earlier this month, Ramos took a bag where the drugs were later found and barricaded himself in the bedroom, prosecutors said.
“He isn’t a typical Tenderloin street level drug dealer…we’re talking about drugs in the pounds and kilos,” assistant U.S. Attorney Yoosun Koh said in court Tuesday. She added that fentanyl is responsible for the majority of overdose deaths in the Bay Area, which have spiked for the past two years.


mercurynews--2020-12-29--Biden criticizes slow pace of COVID vaccinations

WILMINGTON , Del .
— President-elect Joe Biden criticized the Trump administration Tuesday for the pace of distributing COVID-19 vaccines and predicted that “ things will get worse before they get better ” when it comes to the pandemic .
“ We need to be honest — the next few weeks and months are going to be very tough , very tough for our nation .
Maybe the toughest during this entire pandemic , ” Biden said during remarks in Wilmington , Delaware on Tuesday .
His comments come as the coronavirus pandemic has killed more than 336,000 Americans , @ @ @ @ @ @ @ could precipitate yet another spike in virus cases even as the virus has already been surging in states nationwide .
Biden encouraged Americans to “ steel our spines ” for challenges to come and predicted that “ things are going to get worse before they get better.
” He also went after the Trump administration over its vaccination efforts , warning that the project , dubbed Operation Warp Speed , is moving at a slower pace than needed .
“ As I long feared and warned the effort to distribute and administer the @ @ @ @ @ @ @ , ” he said .
Earlier this month , Trump administration officials said they planned to have 20 million doses of the vaccine distributed by the end of the year .
But according to data provided by the Centers for Disease Control , just over 11.4 million doses have been distributed and only 2.1 million people have received their first dose .
At the current pace , Biden said , “ it ’ s gon na take years , not months , to vaccinate the American people.
” President Donald Trump deflected Biden @ @ @ @ @ @ @ up to the States to distribute the vaccines once brought to the designated areas by the Federal Government , ” he tweeted Tuesday .
“ We have not only developed the vaccines , including putting up money to move the process along quickly , but gotten them to the states.
” Biden , who takes office Jan. 20 , said he has directed his team to prepare a “ much more aggressive effort , with more federal involvement and leadership , to get things back on track.
” The president-elect said he would @ @ @ @ @ @ @ us going in the right direction.
” He set a goal of administering 100 million shots of the vaccine within his first 100 days in office , but said to accomplish that , the pace of vaccinations would have to increase five to six times to 1 million shots a day .
Even with that pace , however , Biden acknowledged it “ will still take months to have the majority of Americans vaccinated.
” Biden acknowledged one of his challenges will be public skepticism over the safety of a vaccine , and @ @ @ @ @ @ @ concerns .
Biden received his first dose of the vaccine on live television last week , and Vice President-elect Kamala Harris received hers , also on television , on Tuesday .
The president-elect has made combating the coronavirus pandemic a central focus of his transition work .
He has pledged that one of his first acts as president will be to release a comprehensive coronavirus aid bill to Congress that will include funding for expanded vaccinations and testing , among other things .
He also has a COVID-19 task force working on ways @ @ @ @ @ @ @ the pandemic and help turn the tide of infections .
On Tuesday , Biden announced nine new members of his COVID-19 response team , including aides focused on vaccinations , testing and supply chain management .
Still , Biden warned that it would take months after he ’ s in office for Americans to see positive change in the course of the virus .
“ Turning this around is going to take time .
We might not see improvement until we ’ re well into March , as it will take time for @ @ @ @ @ @ @ progress , ” he said .

By Alexandra Jaffe | Associated Press
WILMINGTON, Del. — President-elect Joe Biden criticized the Trump administration Tuesday for the pace of distributing COVID-19 vaccines and predicted that “things will get worse before they get better” when it comes to the pandemic.
“We need to be honest — the next few weeks and months are going to be very tough, very tough for our nation. Maybe the toughest during this entire pandemic,” Biden said during remarks in Wilmington, Delaware on Tuesday.
His comments come as the coronavirus pandemic has killed more than 336,000 Americans, with experts warning holiday travel and gatherings could precipitate yet another spike in virus cases even as the virus has already been surging in states nationwide.
[vemba-video id=”tv/2020/12/29/the-lead-joe-johns.cnn”]
Video: President-Elect Biden: Trump admin’s vaccine effort is falling ‘way behind’
Biden encouraged Americans to “steel our spines” for challenges to come and predicted that “things are going to get worse before they get better.”
He also went after the Trump administration over its vaccination efforts, warning that the project, dubbed Operation Warp Speed, is moving at a slower pace than needed.
“As I long feared and warned the effort to distribute and administer the vaccine is not progressing as it should,” he said.
Earlier this month, Trump administration officials said they planned to have 20 million doses of the vaccine distributed by the end of the year. But according to data provided by the Centers for Disease Control, just over 11.4 million doses have been distributed and only 2.1 million people have received their first dose.
At the current pace, Biden said, “it’s gonna take years, not months, to vaccinate the American people.”
President Donald Trump deflected Biden’s critique. “It is up to the States to distribute the vaccines once brought to the designated areas by the Federal Government,” he tweeted Tuesday. “We have not only developed the vaccines, including putting up money to move the process along quickly, but gotten them to the states.”
Biden, who takes office Jan. 20, said he has directed his team to prepare a “much more aggressive effort, with more federal involvement and leadership, to get things back on track.”
The president-elect said he would “move heaven and earth to get us going in the right direction.”
He set a goal of administering 100 million shots of the vaccine within his first 100 days in office, but said to accomplish that, the pace of vaccinations would have to increase five to six times to 1 million shots a day. Even with that pace, however, Biden acknowledged it “will still take months to have the majority of Americans vaccinated.”
Biden acknowledged one of his challenges will be public skepticism over the safety of a vaccine, and has already been working to alleviate public concerns. Biden received his first dose of the vaccine on live television last week, and Vice President-elect Kamala Harris received hers, also on television, on Tuesday.
The president-elect has made combating the coronavirus pandemic a central focus of his transition work. He has pledged that one of his first acts as president will be to release a comprehensive coronavirus aid bill to Congress that will include funding for expanded vaccinations and testing, among other things.
He also has a COVID-19 task force working on ways to better streamline the government response to the pandemic and help turn the tide of infections. On Tuesday, Biden announced nine new members of his COVID-19 response team, including aides focused on vaccinations, testing and supply chain management.
Still, Biden warned that it would take months after he’s in office for Americans to see positive change in the course of the virus.
“Turning this around is going to take time. We might not see improvement until we’re well into March, as it will take time for our COVID response plan to produce visible progress,” he said.


mercurynews--2020-12-30--Murder suspect killed, officer injured in California police shooting

Police shot and killed a man suspected of murder during an exchange of gunfire in Highland on Tuesday afternoon , authorities said .
One San Bernardino police officer was wounded in the shooting , and is expected to survive , said San Bernardino Police Chief Eric McBride .
The shooting took place about 3:30 p.m. in a residential area of Highland at the intersection of Baseline and Elm streets .
A team of officers and detectives were in the area with a warrant to arrest a man police identified as a suspect in the killing of a person in San @ @ @ @ @ @ @ .
When officers came into contact with the man , he opened fire on officers , prompting them to return fire , McBride said .
Police gunfire struck the man , who was hospitalized and later died .
A cell phone video showed the moments following the shooting as officers and plainclothes detectives attempted to revive the man who lay on his back on a patch of grass in front of a home .
In the video , a crowd can be seen gathering around the officers , some crying and yelling out @ @ @ @ @ @ @ Just as paramedics arrive , several individuals attempted to walk toward police and the fallen man , prompting several officers with batons to confront them .
“ They are killing people , ” screamed one individual in the video , advising the residents to stand back .
The San Bernardino County Sheriff ’ s Department , which patrols the city of Highland , will conduct the criminal investigation of the shooting , while San Bernardino police will conduct an administrative review .

Police shot and killed a man suspected of murder during an exchange of gunfire in Highland on Tuesday afternoon, authorities said.
One San Bernardino police officer was wounded in the shooting, and is expected to survive, said San Bernardino Police Chief Eric McBride.
The shooting took place about 3:30 p.m. in a residential area of Highland at the intersection of Baseline and Elm streets.
A team of officers and detectives were in the area with a warrant to arrest a man police identified as a suspect in the killing of a person in San Bernardino earlier this year, McBride said.
When officers came into contact with the man, he opened fire on officers, prompting them to return fire, McBride said. Police gunfire struck the man, who was hospitalized and later died.
A cell phone video showed the moments following the shooting as officers and plainclothes detectives attempted to revive the man who lay on his back on a patch of grass in front of a home.
In the video, a crowd can be seen gathering around the officers, some crying and yelling out that they knew the wounded man. Just as paramedics arrive, several individuals attempted to walk toward police and the fallen man, prompting several officers with batons to confront them.
“They are killing people,” screamed one individual in the video, advising the residents to stand back.
The San Bernardino County Sheriff’s Department, which patrols the city of Highland, will conduct the criminal investigation of the shooting, while San Bernardino police will conduct an administrative review.


mercurynews--2020-12-30--California sues five seafood companies for selling fish containing lead, cadmium without warnings

SACRAMENTO — California Attorney General Xavier Becerra sued five seafood companies on Tuesday , alleging they have sold fish that @ @ @ @ @ the state without legally required warnings .
The state ’ s lawsuit alleges the companies @ @ @ @ @ prohibits exposing consumers to chemicals that could cause cancer or reproductive problems without clear warnings @ @ @ @ @ California Department of Justice found unacceptable levels of lead or cadmium in fresh and frozen @ @ @ @ @ , octopus , oysters , periwinkle and sea squirt .
The defendants named in the @ @ @ @ @ and wholesalers of seafood including Clearwater Seafoods , Rhee Bros. , Seaquest Seafood Corporation , @ @ @ @ @ Fish Company .
Email messages left with the companies seeking comment were not immediately returned @ @ @ @ @ the companies broke California ’ s unfair competition law and its prohibition on fraudulent business @ @

SACRAMENTO — California Attorney General Xavier Becerra sued five seafood companies on Tuesday, alleging they have sold fish that contains lead and cadmium in the state without legally required warnings.
The state’s lawsuit alleges the companies violated Proposition 65, which prohibits exposing consumers to chemicals that could cause cancer or reproductive problems without clear warnings.
The suit says the California Department of Justice found unacceptable levels of lead or cadmium in fresh and frozen clams, cuttlefish, eel, octopus, oysters, periwinkle and sea squirt.
The defendants named in the suit are importers, distributors and wholesalers of seafood including Clearwater Seafoods, Rhee Bros., Seaquest Seafood Corporation, Jayone Foods and Pacific American Fish Company.
Email messages left with the companies seeking comment were not immediately returned.
The suit also claims the companies broke California’s unfair competition law and its prohibition on fraudulent business practices.