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No Charges for 2 Officers in Ohio Man Shooting

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The two University of Cincinnati police officers who arrived on scene just after a fellow officer shot and killed an unarmed driver will not face charges, a prosecutor announced Friday.

Officers David Lindenschmidt and Phillip Kidd responded when UC police officer Ray Tensing fatally shot Samuel DuBose after a traffic stop on July 19. Tensing was indicted on a murder charge on Wednesday and pleaded not guilty.

But a grand jury did not return charges against Lindenschmidt and Kidd, Hamilton County prosecutor Joseph T. Deters said Friday. 


Gov. Declares State of Emergency in California Due to Wildfires

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Gov. Jerry Brown declared a state of emergency Friday in response to severe wildfires burning across the state, exacerbated by severe drought conditions and extreme weather.

According to a statement released by Brown's press office late Friday afternoon, Brown made the declaration to help mobilize additional firefighters and disaster response resources.

"California’s severe drought and extreme weather have turned much of the state into a tinderbox,” said Brown. “Our courageous firefighters are on the front lines and we’ll do everything we can to help them.”

A series of wildfires that started in June in Butte, El Dorado, Humboldt, Napa, Nevada, Sacramento, San Bernardino, San Diego, Shasta, Solano and Yolo counties, among others, burning thousands of acres of land. The fires have destroyed homes, closed major highways and local roads, prompted evacuations and continue to threaten hundreds of structures.

Brown declared a state of emergency in January based on California's historic drought, which has been going on for four years now. Drought conditions have caused millions of trees to die, increasing the spread of fire throughout the state, Brown said.

Brown's proclamation also says that both the fire and the drought has caused California's air quality to deteriorate, impacting public heath.

Federal grants have been requested and approved for the Wragg fire currently burning in Napa, Solano and Yolo counties and for the North Fire burning in San Bernardino County.

Driver Hits Pedestrian, Returns and Takes Off: PD

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A hit-and-run driver who for a moment seemed to have second thoughts left a pedestrian injured in a Grant Hill intersection Friday evening, according to San Diego police.

A white van or minivan hit the pedestrian at Market Street and 30th Avenue as the person walked in the crosswalk at about 6:55 p.m.

Police say the driver pulled a U-turn, went back to the pedestrian, took another U-turn and drove off.

The victim suffered non-life threatening injuries in the crash.

About two hours later, police announced they had taken a suspect into custody.

San Ysidro Wants to Use Bond Funds to Settle Lawsuit

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The San Ysidro School District plans to repurpose bond money budgeted for the reconstruction of Beyer Elementary to settle a $12 million lawsuit against the district – a maneuver that may run afoul of the state constitution.

The $250 million in bond money was approved by voters in 1997 to build new schools and modernize outdated ones.

The San Ysidro School District says bond money budgeted for school construction can be used to settle a lawsuit because it will eventually lead to facility upgrades in the form of new solar panels.

“As long as it’s used for structural material and as long as its purposes are facility purposes, it fits within the bond,” said consultant and former interim Superintendent Ed Velasquez.

Parents and homeowners who live next to the empty lot where Beyer Elementary was slated for reconstruction weren’t sold on the idea.

“That’s just ridiculous,” said Lorena Dambois. “You just can’t use money that’s supposed to be used for the children to pay for a lawsuit. That’s not right.”

In 1997, San Ysidro voters passed Prop C, a $250 million school bond, with what proponents touted as an 86 percent voter-approval rating.

At the time, it was the largest bond measure ever passed in California history. It was approved by less than 900 voters after a low-key campaign to the community’s 7,180 registered voters.

The bond language promised San Ysidro residents the money would be used to upgrade existing schools and build new ones, like the $23.9 million Vista Del Mar School opened in 2012.

Velasquez said he’s not sure the small San Ysidro community needs another elementary school in the area.

“We already have two elementary schools that are just within about a block of each other,” he said Thursday.

The district now wants to use the remaining Prop C funds to re-open a contract with Eco-Business Alliance, a solar energy company that won a $12 million judgment against San Ysidro last year.

A spokeswoman for the district said that settlement agreement includes some direct payment for the cost of the solar panels, but said she did not know the exact amount of that payment.

Beyer Elementary was torn down in the 2012-2013 school year to make way for a new school slated for construction with those bond funds. The site remains an empty lot.

“I’ve been waiting for them to rebuild the school,” said parent Dambois. “It said 'Beyer Elementary' you know, 'Coming Soon.' I saw that that sign isn’t there anymore but I had no idea they weren’t planning on building it anymore.”

Velasquez said the district is still in discussions about what to do with the site, but at the same time admits definitive plans to build it went away with the recent agreement with the solar panel company.

“That’s gone,” he said of the “Coming Soon” sign. “Because of the lawsuit and the judgment and the lien and the contract and that issue, yeah.”

The state says bond monies must be used for the purposes set forth in a ballot measure that granted the sale and “not for any other purpose, including teacher and administrator salaries and other school operating expenses.”

In February, the district approved issuing new Prop C bonds saying it would use the money to pay off some of its outstanding bond debt at a lower interest rate.

Velasquez said settling the lawsuit falls within the parameters of Prop C, and it helped the district get that lower interest rate on the bond loan.

“I think that the school district should form an independent oversight committee with members of their community,” said Theresa Andrews, the interim President and CEO of the San Diego County Taxpayer’s Association, an organization that acts as a watchdog on school bond use.

She told NBC 7 she’s not surprised that parents are upset.

“I think because parents are seeing things that are supposed to be done and they’re not being done. So what’s happening with the money?” she said.

The small school district nestled on the U.S. Mexico border has been teetering on the brink of bankruptcy since the 2012-2013 school year. Earlier this year, the state lifted the district’s negative financial rating and assigned it a qualified certification.
 

6 Local Water Districts Fall Short on Conservation

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Six San Diego County water districts fell short of the water conservation goals for June -- some by a wide margin -- while 14 others met or exceeded their objectives.

The State Water Resources Control Board released data Thursday to show how each district across California measured up to mandatory conservation targets that took effect in June. Together, the state’s water use dropped 27 percent that month, compared to June 2013. The result exceeded Gov. Jerry Brown’s statewide goal of 25 percent conservation.

However, some local districts have much more conserving to do. The Fallbrook Public Utility District, which had a conservation goal of 36 percent, only dropped its water use by 8.6 percent, compared to 2013 numbers.

The Rainbow Municipal Water District reduced its use by 20.7 percent, though its target was 36 percent, and the San Dieguito Water District fell short of its goal of 28 percent, instead conserving 18.1 percent of its water.

Other misses were smaller. The Carlsbad Municipal Water District was short by 3 percent, the Rincon Del Diablo Municipal Water District by 2 percent, and the Valley Center Municipal Water District by 2 percent.

Click here to see how your district did.

Local districts not listed by the water control board include Del Mar, South Bay Irrigation, National City and Yuima Municipal Water District.

Across the state, cities and communities must cut their water use by 8 to 36 percent, depending on their water use before Brown declared a drought emergency in 2014.

Seventeen districts in the state fell short of their targets the first month.

The city of San Diego more than exceeded its 16 percent goal, reaching 24.3 percent savings.
 

Firefighter Dies While Battling California Wildfire: Officials

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A South Dakota firefighter died while helping battle a wildfire in California, officials said Friday.

David Ruhl, a firefighter with the U.S. Forest Service, died Thursday while on assignment at the Frog Fire burning in the Modoc National Forest, just outside Alturas in Northern California.

Search and rescue was conducted late Thursday until the firefighter was found Friday morning, according to the U.S. Forest Service.

"This loss of life is tragic and heartbreaking," U.S. Forest Service Supervisor Amanda McAdams said in a statement. "Please keep the family and all of our Forest Service employees in your thoughts and prayers during this difficult time."

Ruhl served as an engine captain on the Mystic Ranger District of the Black Hills National Forest in Rapid City, South Dakota.

On June 14, Ruhl was temporarily assigned to the Big Valley Ranger District of the Modoc National Forest as an assistant fire management officer.

The Frog Fire erupted in the Modoc National Forest Thursday afternoon and had grown to more than 800 acres by late Friday, according to the U.S. Forest Service.

News of Ruhl's death comes on the same day California Gov. Jerry Brown declared a state of emergency in response to the severe wildfires burning across the state.

“Anne and I were saddened to learn of the tragic death of U.S. Forest Service Firefighter Dave Ruhl, who left his home state to help protect one of California’s majestic forests," California Gov. Jerry Brown said in a statement. "Firefighter Ruhl will be remembered for his service and bravery and we extend our deepest condolences to his family, friends and colleagues with the U.S. Forest Service.”

Ruhl is survived by his wife, Erin, and their two children. He worked for the U.S. Forest Service for 14 years and previously served in the U.S. Coast Guard, according to Brown's statement.

The U.S. Forest Service is investigating Ruhl's death.


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Drug Tunnel Unearthed in Tijuana Near Border

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Mexican authorities unearthed an unfinished drug tunnel about two blocks from the U.S.-Mexico border – the third such tunnel discovered in the area this year.

Officials say they received an anonymous tip that someone had started a tunnel inside an import-export business in Tijuana's Colonia Nueva neighborhood. The area is just across the border from Otay Mesa, to the east of the Tijuana airport.

The Mexican Army was seen standing outside the building Thursday night, and they continued to guard it Friday, waiting to obtain a search warrant so they could enter.

No arrests have been made at this point.

Officials would not say how long the tunnel was, but they did confirm it had not crossed into the U.S.

When asked if he feels nervous about the drug activity going on across the border, U.S. resident Adrian Garcia said, "The only thing they are trying to do is bring their stuff inside the United States, and that's it, but I don't think they are like killers or whatever, so I don't feel insecure.”

Authorities won’t let anyone into the tunnel until Monday at the earliest.

In April, two smuggling tunnels were busted in Tijuana.

Nine people were arrested when the first was found on April 7 near the Tijuana airport.

A more sophisticated system that crossed the border was discovered on April 28.

Meth Pills Were in In-n-Out Drink, Man Claims in Lawsuit

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In-n-Out Burger has been sued by a man who alleges he found meth in the bottom of his drink, according to a lawsuit filed in Los Angeles. 

The incident allegedly occurred on the night of March 9, 2014, when Fred Maldonado, of Carlsbad, ordered a burger and drink from a Southern California In-n-Out. An executive for the restaurant chain has called the claim "baseless."

Maldonado then returned to his nearby motel, where he drank half the beverage and went to sleep. When he awoke the next morning, he emptied the rest of the drink and allegedly found two pills and a napkin at the bottom of the cup, according to the lawsuit filed in the Los Angeles Superior Court.

When Maldonado returned the cup and its contents to the In-n-Out location, located at 8767 Firestone Blvd. in Downey, the manager apologized and offered him a gift certificate for a free burger, according to the lawsuit.

Though Maldonado was unaware of what the blue gelatin capsules were at the time, later testing found that they contained methamphetamine, according to toxicology findings from last August submitted by Maldonado's lawyer, G. Patrick Connors III. The napkin and the cup both tested positive for methamphetamine in a test conducted by Utica Toxicology Service.

"The beverage served by defendants to plaintiff was not clean, wholesome, and free from harmful or injurious foreign substances but instead, unknown to plaintiff, contained hazardous and unhealthful foreign substances, namely two capsules of methampetamine and a napkin that was unfit for human consumption," the lawsuit stated.

A picture of the capsules and napkin allegedly found in the drink were provided by Connors.

Maldonado did not ingest the pills, but did suffer nausea and serious injuries to his health, as well as mental distress, as a result of consuming the drink, according to his lawyer.

In-n-Out has denied the allegations.

“At In-N-Out Burger, we have always served the freshest, highest quality burgers, fries, and drinks and customer safety is one of our highest priorities. We will vigorously defend these baseless claims. Due to the fact that this matter involves ongoing litigation, we will unfortunately not be able to comment any further,” In-n-Out Executive Vice-President Arnie Wensinger said.

Maldonado has sued for unspecified damages.



Photo Credit: Courtesy of G. Patrick Connors III

Construction Crew Hits Water Main, Businesses Lose Service

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A block of downtown businesses were without water after a private contractor struck a water service line Friday morning.

The incident happened along 6th Avenue and J Street where a new hotel is under construction.

San Diego City Public Utilities crews responded and shut down water main so the two-inch pipe could be repaired.

It may take about 4 hours to repair.

Stargazers Can Spot "Blue Moon" Friday Night

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Tonight, look skyward for a “once in a blue moon” experience.

Stargazers can catch the “Blue Moon,” which last appeared in August 2012. The moon won’t actually have a blue hue; in astronomical terms a blue moon denotes the second full moon in a month with two full moons.

Blue moons are rare – they only happen once every two to three years -- so the saying “once in a blue moon” rings true.

A moon that actually appears blue is an even rarer sight. It can look blue when the atmosphere is filled with dust or smoke particles, like what happens after a dust storm, forest fire or volcanic eruption.

NASA explains more on the history of the "Blue Moon" in a video released this month.

In San Diego, the moon peaked early Friday -- at about 3:43 a.m --- and will appear again at 8:06 p.m.



Photo Credit: UIG via Getty Images
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Local Man Accused of Posing as Modeling Agent for Sex

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A local man has been accused of posing as a modeling agent to lure women to take nude photographs and then threatening to share the photos online if they didn’t perform sex acts, San Diego County prosecutors said Friday.

Maverick Mendez Rosales, 24, pleaded not guilty to extortion, two counts of oral copulation by duress, one count of rape by duress and sexual battery. He was ordered to be held on $300,000 bail.

Prosecutors said they’ve filed felony charges against Rosales, who is accused of running a fictitious modeling agency for years.

He allegedly had two young women pose for photos – and then later threatened to release the photos on the Internet or to the women’s families if they didn’t perform sex acts or pay him money, prosecutors said.

Prosecutors said Rosales solicited the women using sites such as Craigslist and Facebook. One of the women was extorted for her nude photos for two years, said Deputy District Attorney Martin Doyle.

Doyle said the investigation is ongoing.

"We have reason to believe there are additional victims," he said.

If convicted of charges, Rosales could face 13 years in prison.

Anyone who believes they could have been a victim of Rosales are asked to call District Attorney Investigator Nancy Dodd at 619-615-6864.



Photo Credit: NBC 7

Dog Hit by Car in Tijuana Receives Care in SD

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A dog that witnesses said was run over by a police vehicle in Tijuana was rescued and taken to San Diego on Friday for treatment.

The 2-year-old Bichon pup named Kiwi is undergoing medical treatment and should make a full recovery, thanks to the local rescue group Bichon Furkids.

Witnesses said Kiwi was left to die on the side of a road in Tijuana for three days. A woman who works as an independent dog rescuer stopped to tend to Kiwi and rushed him to a veterinarian in Mexico.

But since Kiwi needs ongoing treatment, therapy and blood transfusions because he’s anemic, Bichon Furkids intervened.

Headed by San Diego resident Marti Colwell, the group crossed the border to bring Kiwi to San Diego.

“We worked together – rescue groups do this all the time – but we crossed the border in order to provide the kind of love and care and medical care that he needs so that he can make a full recovery,” she said.

Colwell expects Kiwi to be good as new in three to four months.

“He’s about 2 years old, so he has a long life ahead of him,” she said.



Photo Credit: NBC 7

Advocates Want More Done to Curb Hot Car Deaths

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Child deaths in hot cars are down this year, but that isn’t stopping parents and advocates from looking for long-term solutions to an all-too-familiar tragic situation.

On the eve of National Heatstroke Prevention and Awareness Day, concerned parents from across the nation submitted an open letter to the National Highway and Traffic Safety Administration, asking to end their delay on finding technical solutions that could save lives. 

"This will never bring our children back, but we are committed to helping keep other families complete so they do not have to live with the grief and guilt our families deal with on a daily basis," the letter read.

Eleven children have died after being left in hot cars for too long this year, down from 21 deaths that happened before August 1 of last year, according to NoHeatStroke.org. There were a total of 31 hot car deaths in 2014.

While deaths are down year over year, officials warn that families are not in the clear, with a few warm months still to come.

“We’re going into a very hot month and we don’t know what’s going to happen in August, or September or October,” Kate Carr, president of SAFEKIDS Worldwide said in an interview with NBC Owned Television Stations. “This is important all the time. You have to remain vigilant about this every single month.”

There have been close calls with hot cars recently. The latest to make headlines happened Thursday in a New Jersey parking lot, where a young girl was saved by police after bystanders noticed she had been left in the car while her mother shopped inside.

While some high-tech efforts to prevent the deaths have been introduced, such as a car seat that sounds an alarm when the car is shut off to remind parents of their child sitting in the back seat, activists say they want more from the government officials.

“Look at technology; we’ve heard thousands of ideas, we have an eight inch pile of different patents and at this point we need to get the government on board as well,” said Janette Fennell, founder of KidsandCars.org.

In 2012, the Moving Ahead for Progress in the 21st Century Act was passed. But some little has been done in the three years since the creation of the law, which promised car safety research.

"During that period of time, we lost our beautiful little boy, Ben. I can't help but imagine that he would still be alive today if the Department of Transportation had sprung into action when they first learned about this risk over a decade ago," one parent, Lindsey Rogers-Seitz, said in the letter.

Officials recommend keeping a shoe, purse, or other important item in the back seat of the car, or keeping a stuffed animal in the front seat as ways to remember children in the vehicle. They add it’s important to remember this can happen to everyone, and take the necessary precautions.

“As hard as we educate and they educate, they say 'It’s not going to happen to me,'” Fennell said. “Ninety percent of the time it happens to the best parents. It’s not bad people.”  



Photo Credit: Getty Images/iStockphoto

Man Arrested After Waving Fake Gun in Gaslamp: PD

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A man waving a gun in the middle of the Gaslamp Quarter prompted police to shut down several city blocks during the lunch hour Friday, before they realized the gun was a fake.

The man was spotted near 5th Avenue and F Street in the heart of the Gaslamp Quarter just before 1 p.m.

The man walking down 5th Avenue pointed a gun at witness John Carmichael. A U.S. Navy employee, Carmichael told NBC 7 he could tell immediately that it was fake.

"To me, he was kind of joking so it didn't bother me too much," said Carmichael. "He pointed it at me, I put my hands up and he just walked away. It was pretty odd." 

The man with the gun then walked into the Tipsy Crow bar, giving everyone inside a scare.

Kitchen worker David Nelson was told by his boss to take cover.

"I took a knife and went into the office and locked it because he already said there was a cop situation," said Nelson. "So I had no idea what was going on. I was freaked out for sure."

Several patrol cars blocked foot and vehicle traffic in about a one-block radius.

Approximately 30 minutes later, the man was in custody. Officers confirmed the man was carrying a replica gun that had been spray painted to look real.

The bar was searched and nothing was found, police said.

No one was injured.



Photo Credit: NBC 7

Doctor Admits to Sexually Assaulting Patients

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A San Diego-area doctor has admitted he sexually assaulted female patients and took photos of their naked bodies while they were treated at the only free health care clinic in the East County.

Jeffrey Joel Abrams, 68, pleaded guilty Thursday to eight counts of sexual penetration of an unconscious person, three counts of sexual battery and one count of possession of child pornography, involving pictures of an 8-year-old girl, according to Deputy District Attorney Kerry Conway.

At his September sentencing, Abrams could face probation to more than 25 years in prison.

Eight victims were seen by Abrams at the Volunteers in Medicine (VIM) free clinic in El Cajon between June 1, 2010, and June 2014.

When Abrams was arrested in November, investigators claimed to have found more than a thousand photos of women’s vaginas, breasts and buttocks on his work phone.

There was also a video of a patient touching herself in the exam room with Abrams, a search warrant alleged.

Attorney Jessica Pride, who represents victims in the case, sent NBC 7 this statement: 

"My clients are happy that their voices were heard and that they were able to make a difference. They are thankful that justice was served."

Abrams’ medical license has been temporarily suspended by the State Medical Board, and he has been ordered to surrender his passport.

A lawsuit was filed by five women who were patients to the clinic VIM in El Cajon.

One of the plaintiffs in the case said that she initially went to the clinic to get a referral to a psychologist and a therapy group. Another woman requested a fertility specialist to help her conceive. A third woman said she went to VIM for a rash on her hand.

All say they were instructed by Abrams to remove their clothes so they could receive a vaginal exam. In some cases, the women were given rectal exams.


Islanders Flock to 'Special' Beach After Debris Find

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The rocky shoreline where the first possible debris from Flight MH370 was found has captured the imagination of local residents, some of whom wandered in search of more pieces Saturday, NBC News reported.

Bottles and plastic waste are a common feature of the stony Plage de Colosse, which lies on the east coast of this island paradise, facing the currents of the Indian Ocean.

"It's incredible," said Jean-Renee Lativel, a realtor who turned beachcomber for the day in the hope of finding something from the missing Malaysia Airlines Boeing 777. "This is could be such an important and special place now, especially for all those families. It could be the denouement of this long drama."

The airplane part arrived in France on Saturday, but investigators in France are not expected to begin examining the debris until Wednesday. However, there are already many here that are convinced that their coastline has finally unlocked the mystery of the missing Malaysia Airlines plane — and the whereabouts of the 239 people on board.



Photo Credit: Alastair Jamieson / NBC News

NAACP 'Journey for Justice' March

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Fifty years later, the scene from Selma's Bloody Sunday march still leaves a dark stain on United States history. Four months from its anniversary commemoration, the NAACP says the march for voting rights is not yet finished.

As Congress prepares to go back into session, thousands are expected to put their feet to the pavement this summer to join the NAACP in "America's Journey for Justice" to demand federal protection of civil rights for all Americans.

The march will kick off Saturday at the foot of the Edmund Pettus Bridge, the setting for Selma's Bloody Sunday, and will culminate in a rally at the nation's Capitol where they plan to shout: "Our lives, our votes, our jobs, our schools matter."



Photo Credit: Getty Images

Conservation Group Fears Cecil the Lion's 'Brother' Killed

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The brother of a famed lion that was killed by an American dentist in early July was feared dead after a conservation group said it had been fatally shot.

"It is with huge disgust and sadness that we have just been informed that Jericho, Cecil's brother has been killed" at 4 p.m. (10 a.m. ET), the Zimbabwe Conservation Task Force said in a statement on Facebook.

But there was a conflicting report from another local wildlife organization that said that Jericho did not appear to be killed. Brent Stapelkamp, with the SATIB Conservation Trust's Hwange Lion Research, said that the creature's GPS was sending a signal and the lion appeared to be alive, according to Reuters.

Oxford University's Wildlife Conservation Unit, which studied Cecil, said it was trying to get information about Jericho.

"We are seeking to clarify conflicting reports," an Oxford spokeswoman told NBC News via email.

NBC News has not independently confirmed the killing or that the lions were brothers. The Associated Press previously said that Cecil "befriended" Jericho, and the two lions cared for two prides together.

The announcement follows an international outcry stemming from an American hunter's killing of Cecil, a lion that was allegedly lured out of a national park.

Zimbabwean authorities say the hunt was illegal and are seeking the extradition of Minnesota dentist Walter James Palmer.



Photo Credit: Rex Features via AP Images
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Motorcyclist Hit, Killed by Swerving Driver

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A motorcyclist was struck and killed by a swerving driver in the North County overnight, California Highway Patrol (CHP) officials said.

The deadly crash happened just after midnight on West Lilac Road and Via Giannelli.

For unknown reasons, the driver of a white car swerved off the road, plowed into a tree and hit a motorcyclist.

The motorcyclist died at the scene, CHP officials said. The driver of the car was taken to Palomar Hospital with unspecified injuries.

The crash is under investigation. Officials have not yet determined whether alcohol contributed to the collision.

The name of the motorcyclist was not immediately released.
 



Photo Credit: NBC 7 San Diego

Blue Moon Lights Up San Diego Sky

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Across California, people looked up and spotted a "once in a blue moon."

Photo Credit: Annie Durkin
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