The Coast News INLAND EDITION
VISTA, SAN MARCOS, ESCONDIDO
VOL. 5, N0. 11
Escondido police win court fight By Steve Horn
ESCONDIDO — In an April 25 ruling, the U.S. Court of Appeals for the 9th Circuit concluded that the Escondido Police Department did not commit an unconstitutional violation during a May 2013 altercation in which a resident was tackled to the ground. The U.S. Supreme Court had remanded the Emmons v Escondido case to the appeals court in the aftermath of its January ruling. Marty Emmons, the original plaintiff in the federal case which began in U.S. District Court for the Southern District of California in 2014, alleges that the police acted outside the bounds of the Fourth Amendment constitutional protection against “unreasonable searches and seizures” by rushing to use force on him at the time. The city of Escondido has argued that the “qualified immunity” doctrine developed over years of federal court rulings prevents such a legal complaint from bearing fruit. Qualified immunity gives broad deference to law enforcement during use of force incidents. Emanating from a 2011 9th Circuit case, Ashcroft v. al-Kidd, which created a test of what a “reasonable official would have understood that what he is doing violates that right.” TURN TO POLICE ON 14
.com MAY 17, 2019
Earnest faces 100-plus hate crime charges
FIRED UP
Pleads not guilty in federal court City News Service
al costs currently associated with transporting remains to Lakepointe Cremation & Burial in Lake Elsinore. Allen said the flue’s exterior will resemble a typical brick chimney, unlike the smokestack eyesore at Angel Paws Pet Cremation on Pacific Street near state Route 78. In 2009, Linda Allen took control of the full-service mortuary which was founded in 1964 by her father Bob Allen and his brother, Frank Allen. “We are doing this as a service to our community,” Allen told The Coast News. “We look forward to the public meetings so we can clear
REGION — A man accused of opening fire inside a Poway synagogue, killing a woman and injuring three other people, pleaded not guilty May 14 to more than 100 federal hate crime charges alleging he acted out of hatred toward the Jewish and Muslim communities. John T. Earnest, 19, is accused not only of the synagogue shooting but also of an earlier arson fire at an Escondido mosque. He is being charged by both federal and state prosecutors and faces a possible death sentence in both cases. Neither office has made a decision regarding whether they will pursue the death penalty. Earnest, of Rancho Penasquitos, is accused of carrying out the shooting at Chabad of Poway on April 27 — the last day of Passover — killing Lori Gilbert Kaye, 60, who was shot twice in the synagogue's foyer and died at a hospital. The congregation's rabbi, Yisroel Goldstein, 57, lost an index finger in the shooting. Two other people — Almog Peretz, 34, and his 8-year-old niece, Noya Dahan — were also injured. Earnest is also accused of setting a March 24 fire at an Escondido mosque — a crime to which Earnest allegedly
TURN TO CREMATORIUM ON 7
TURN TO HATE CRIMES ON 10
CREMATIONS are increasingly popular in the United States, and one study projects California will have a 72% percent cremation rate by 2022. Courtesy photo
Opposition forms to proposed crematorium By Jordan P. Ingram
SAN MARCOS — A group of residents is fanning the flames of opposition over a proposed crematorium at Allen Brothers Mortuary in San Marcos with concerns of potential health risks and increased air pollution. The dissent originated after Allen Brothers applied for a conditional-use permit with the city for the “installation and operation of a crematory within an existing 1,500 square-foot garage” located behind the chapel on Twin Oaks Road. Linda Allen, president and funeral director at Allen Brothers, said access to a local crematorium could save ALLEN BROTHERS Mortuary is seeking a permit to install a cregrieving families time and matorium at its full-service funeral home on Twin Oaks Valley hundreds of dollars in funer- Road in San Marcos. Photo by Jordan P. Ingram
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