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Surfer Captures Close Encounter With Whale

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A surfer at Silver Strand State Beach on Coronado Island caught more than a wave on Tuesday morning when he captured a close encounter of a gray whale.

Daron Case was out with other surfers when a whale that he believes was a 20-foot-long juvenile started swimming right through the line of surfers.

He had his GoPro camera with him, so he snapped clear and close footage of the whale both under water and breaching.

“Me and a buddy, Dave Orozco (who was the surfing alongside the whale in the video) were close enough to have the whale swim within a few feet,” Case said in a Facebook message to NBC 7.

A spokesman for Scripps Institute of Oceanography said the whale appears to be a gray whale. Experts at Birch Aquarium also believe the whale may not be in the best of health.

Experts said the whale appears overly thin and the number of barnacles on its body indicates it is traveling very slow, though they don't know the cause of its poor health.

Gray whales are not uncommon off the coast of San Diego County. Heading out to the Coronado Canyon, there’s a deep ridge line about 9 miles offshore that gray whales follow while migrating.

Hallie Johnson, spokeswoman for Birch Aquarium, said it's "uncommon but not unheard of" to spot gray whales at this time of year.

"We typically don't start to see gray whales on their southbound migration until later in the fall," she said in an email.



Photo Credit: Daron Case

Human Smuggler Sentenced in Border Crossing Deaths

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An admitted human smuggler who caused the death of two undocumented immigrants will spend seven years in federal prison.

Nicholas Zakov told a federal judge that he "takes full responsibility" for the deaths of Tarcisio Casas-Blanco and Jose Aurelio Quiroz-Casas, who suffocated in the trunk of Zakov's car while he tried to smuggle them across the U.S./Mexico border at San Ysidro in August, 2014.

"It destroys me every night," a tearful Zakov said at Tuesday's sentencing. "I am truly devastated. It kills me inside."

But one of the victim's widows refused to accept that apology.

"He could have opened the trunk," Graciela Casas told Judge Anthony Battaglia through tears in court.

Talking directly to Zakov, Casas said, "You had a choice (to let the victims out of the trunk) and you didn't."

Federal prosecutor Patrick J. Bumatay agreed, telling the Judge that Zakov "made the decision not to let (the victims) out" of the trunk, even though the temperature was 104 degrees in the trunk of Zakov's Dodge Challenger.

The widow told NBC 7 she has three daughters, ages 2, 5, and 7 years old. She said her oldest daughter blames herself for her father’s death, and is so emotional scarred by what happened that she “wants to kill” Zakov.

Judge Battaglia said this case should be treated as a second-degree homicide type crime, because of the “extreme risk” and “severe circumstance” in which Zakov placed the victims.

Prosecutor Patrick Bumatay agreed, telling the Judge that Zakov “kept going even when the victims made noise” in the trunk, a clear sign they were suffocating and trying to get out. “He [Zakov], made the decision not to let them out,” Bumatay told the judge.

Zakov’s attorney stressed that his client had a minor role in the smuggling conspiracy, did not arrange for the victims to be smuggled, and only followed directions from the criminal organization that arranged the smuggling. He said he was “partying” in Tijuana when he was approached by someone who offered him a chance to earn money by taking immigrants across the border, and “reuniting families.” Zakov said he rejected the offer several times, but then decided to do it.

“I was deceived and lied to,” Zakov said.

“He had no involvement in planning [the crime], and knew little or nothing about the organizations [that arranged it]," Zakov’s attorney said.

Defense attorney Gerard Wassons aid Zakov is “truly devastated by the events and truly remorseful” and that he was inexperienced and unstable when he agreed to accept payment from the smuggling organization to transport the two victims. Zakov’s attorney said his client has cooperated fully with a government investigation into the smuggling ring, and suggested that a prison term of 57 to 71 months would be appropriate punishment.

Judge Battaglia also sentenced Zakov to five years of supervised release when he finishes his prison sentence. He called it a “tragic case” but said Zakov deserved the 7 year sentence because “he chose to proceed” with the smuggling, despite signs that the victims were suffering. “We don’t leave our decision-making process at the door,” Battaglia told Zakov.

According to a 2014 complaint, Zakov was taken into custody after trying to cross into the U.S. at the San Ysidro Port of Entry.At that point, the complaint said, he confessed everything to border officers.

He had been instructed to drive to Denny’s in Chula Vista with the two men in the trunk. There, he would receive further instructions. He said he coordinated the smuggling operation with three different men in Mexico and was promised a payment of $3,500.



Photo Credit: NBC 7

Students Hurt After Bus Narrowly Avoids Crash

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Ten children were taken to the hospital after a school bus made a hard stop on a Lakeside highway Tuesday afternoon, according to the California Highway Patrol.

The Rios Canyon Elementary School bus driver, carrying 48 students, had to swerve and stop suddenly when a car tried to turn right onto the 14800 block of Olde Highway 80, about two miles east of Lake Jennings Parkway.

The fast-acting bus driver stopped in time, but the sudden braking sent kids forward in their seats.

"My neck right here hit the seat really hard," said 9-year-old Celeste Lucero.

She was one of ten students taken to Rady Children's and Grossmont hospitals, all for minor neck and head injuries.

Celeste's mother, Kristina, said she was most frustrated with a communication gap after the incident.

"I was very angry that I wasn't call right away," she said. "I was upset and confused. Parents weren't notified."

The National Highway Traffic Safety Administration stands behind its studies that indicate children are just as safe without seat belts on large school buses.

After this mishap, parents are not so sure.

"She hit her neck on the chair in front of her that could have caused some kind of damage, and a seat belt would have prevented that," said Kristina Lucero.

The CHP says the car's driver is at fault, and because the person left the scene, the incident could be considered a hit-and-run, although there was no collision.

Parents soon started arriving at the scene to take their children the rest of the way home.



Photo Credit: Dave Summers

Mother Convicted of Baby's Hot Car Death Sentenced

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An El Cajon mother found guilty of felony child endangerment and drug charges after she left her child to die in a hot car was sentenced to 10 years in prison. 

Jessica Quezada, 24, was convicted in the death of their 4-month-son Giovanni Soto, who died on July 27, 2013, when he was left in a hot car overnight. Israel Soto, 32, was cleared in the case. 

Quezada is already in jail serving a 27 month drug sentence related to a drug trafficking ring and had two prior felony convictions. The sentence will be served concurrently. 

Family members found Giovanni inside the vehicle at an El Cajon apartment complex. Investigators say he was left behind when Quezada and Soto returned from a shopping trip.

Officials discovered the baby had been in the car for 15 hours and had a body temperature of 107 degrees when he died.

After hearing witness and official testimony since July 1, the jury convicted Quezada of child endangerment, possession of methamphetamine and possession of drug paraphernalia.

According to the prosecution, Giovanni’s death could have been avoided had the parents been less negligent. The deputy district attorney alleged that Quezada was smoking marijuana near the vehicle a couple hours before the unresponsive infant was found.

The defense argued that Quezada was overwhelmed and made a tragic mistake. The couple’s three other children have been well-fed and cared for, according to the defense attorney.



Photo Credit: NBC 7

Flesh-Eating Bacteria Forces Docs to Amputate Teen's Leg

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A San Diego-area high school freshman is recovering from a series of surgeries after an infection of flesh-eating bacteria forced doctors to amputate his leg.

Fourteen-year-old Giancarlo Gil, a member of a traveling baseball team from Chula Vista and the freshman football team at Chula Vista High School, is recovering at Rady Children’s Hospital, according to a family friend.

“He’s a fighter and I really want to think he’ll go through the normal emotions of something devastating happening … we know he’ll pull through,” said Jesse Ortega, a spokesman for the family.

Last Saturday, Giancarlo was complaining of pain in his calf after playing baseball. Ortega said it quickly escalated from there, and Giancarlo was taken to urgent care and then the emergency room.

Doctors said a flesh-eating bacteria was causing him to vomit and his calf area started to swell up and bruise, Ortega said. Doctors originally amputated Giancarlo's leg to the knee. By Monday, his leg had to be amputated all the way up to his groin.

The family is hoping that is the last of the surgeries and that Giancarlo can start recovering now, according to Ortega.

Sweetwater Union High School District is looking at how to handle this situation and has reached out to the County Health Department for guidance.

"We are in contact with the student’s family and we have reached out to the County Public Health Department for guidance on next steps we can take at Chula Vista High School. Our thoughts are with the family and we are hoping for the best in this very difficult situation," said Manny Rubio, a spokesman for the Sweetwater Union High School District.

It is unclear how the teen contracted the bacteria.

Anyone looking to help can donate to the family by clicking here or give blood in his name at The San Diego Blood Bank off Market Street.



Photo Credit: NBC7 San Diego

Flavored Tobacco Lures Kids, CDC Says

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Kids who smoke, vape or chew tobacco are flocking to the flavored varieties, a new government report shows.

According to the Centers for Disease Control and Prevention, nearly a quarter of high school students and 7 percent of middle-schoolers have used some kind of tobacco product, and nearly 70 percent of middle and high school students who say they've used tobacco are going for the flavor. 

"Flavored tobacco products are enticing a new generation of America's youth into nicotine addiction, condemning many of them to tobacco-related disease and early death," said CDC director Dr. Tom Frieden.

The Food and Drug Administration has outlawed the use of candy and other flavorings, except menthol, in cigarettes, but hasn't extended this ban to other tobacco products - including e-cigarettes. 



Photo Credit: Getty Images

All 15 GOP Candidates Pay Hefty Fee for S.C.

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 All 15 top running Republican presidential candidates have paid the hefty filing fee to qualify for South Carolina's primary. 

The Palmetto State's deadline is the first in the nation and requires the most expensive filing fee in the country: $40,000.

All the major candidates, including low-polling, lesser known candidates such as former Virginia Governor James Gilmore and former New York governor George Pataki have submitted the forms and paid. Pataki was the last one to file, having to overnight a package to the South Carolina Republican Party, which received the package midday on Wednesday.



Photo Credit: AP

$301M Powerball Jackpot Drawing Wednesday

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The odds of being dealt a natural royal flush are 1 in 649,740, a more likely probability than winning Wednesday’s $301 million Powerball jackpot — a 1 in 175,223,510 shot.

Your chances increase significantly to 1 in 5,153,632 if you are willing to settle for the $1 million prize.

Wednesday’s pot is the third biggest so far in 2015. In February, three tickets in North Carolina, Puerto Rico and Texas matched all six numbers to win the $564.1 million jackpot, the fifth largest prize in U.S. history, and the third-largest Powerball.

The biggest Powerball jackpot ever was $590.5 million in May, 2013. That's still shy of the record $656 million Mega Millions jackpot drawn in March, 2012.

There are only two drawings left before a change in Powerball rules will make it much harder to win big. After Sunday, the chances of winning the jackpot go down, but the size of smaller cash prizes goes up.

Powerball is increasing the number of white balls to 69 and dropping the number of red balls to 26. The odds of hitting the jackpot increase from 1 in 175 million to 1 in 292 million.

The $301 million Powerball jackpot represents the nominal dollar value a winner is projected to receive pretax, if you are the sole winner and agree to take your winnings in 30 payments over 29 years. Should the winner elect to take it all in a lump sum up front, the winnings decrease to $191.4 million, pretax.

The latest jackpot has been accumulating since Aug. 1 when a retiree from Southern California really brought home the bacon. Los Angeles resident Willie Nelson purchased the winning $110 million jackpot ticket at a local Choice Market grocery store while picking up some cured meat at the request of his wife.

"I love Choice Market because they have the thick slab bacon with the rind on it," Nelson told Powerball officials. "I bought the bacon and then went back to my car and remembered I had an old Lottery ticket to check, so I got it and went back in."

It was not a winner.

"So then, I went back to my car again, but something inside of me told me to buy another ticket so I went back in a third time and bought five Quick Picks for the Powerball draw that night," Nelson said of his winning tickets.

Moral of the story-- like the lottery slogan goes-- 'Hey, you never know.'



Photo Credit: Getty Images

Crews, Actors Stage Mock Plane Crash Response

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What would happen if an airplane crashed on one of San Diego’s beaches?

Emergency crews across San Diego County, including lifeguards and firefighters, staged a mock exercise on that very scenario at Ocean Beach on Wednesday morning that included 300 actors in addition to the first responders.

In the exercise, they rescued nearly 100 mock passengers with injuries from landing in the water.

Crews had rescue boats, jet skis and helicopters to take passengers to treatment quickly. They also set up a triage area at Hospitality Point where ambulances took passengers for treatment.

Meanwhile, San Diego Fire-Rescue helicopters brought some passengers to Scripps Mercy Hospital.

“It just goes to show the resources are. This is what we do,” said Fire-Rescue battalion chief David Pilkerton said. “We train for the real deal and we appreciate all the support from the public.”

A section of Quivira Court was cordoned off until 1 in the afternoon.

After the training exercise, Pilkerton said emergency crews will debrief what worked and what they can improve on should a real crisis happen.



Photo Credit: NBC 7

Guests Billed For Not Showing up to Wedding

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Jessica Baker got a bill for $79.50 after she and her husband had to skip out on a friend's wedding, NBC affiliate KARE reported.

The night of the wedding, Baker got a call from her mom.

"She called at the last minute and had something come up and said I can't make it," Baker told KARE.

Since the wedding invitation said no children and Baker was now without a sitter, the couple had to forego the event. 

A week later, Baker was shocked to receive a bill for the dinner they were supposed to have.

"You've got to be kidding me," she told KARE. "It listed, we would have had two herb crusted walleye and there was also a service and tax charge."

The bill reads: "This cost reflects the amount paid by the bride and groom for meals that were RSVP'd for, reimbursement and explanation for no show, card, call or text would be appreciated."

Baker said she has no plans on paying the bill. 



Photo Credit: KARE
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Trump Hotels Report National Data Breach

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If you have recently stayed at the Trump hotel, your personal data may be compromised.

The Trump Hotel Collection posted a notice to its website notifying guests that hackers may have accessed their databases, warning that anyone who has visited one of their locations between May 19, 2014 and June 2, 2015, may have been affected.

“Although an independent forensic investigation has not conclusively determined that any particular customer’s payment card information was taken from the Properties’ payment card system or misused, we are providing this notice out of an abundance of caution,” the hotel said in the notice.

The list of affected hotels includes cities across the U.S., including: Chicago, New York, Honolulu, Las Vegas, Toronto and Miami.

The hotel chain is offering customers a year of free identity fraud protection to anyone who has been affected.



Photo Credit: Getty Images

Map Nearby Fire Risks With New Tool

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 A new Wildfire Hazard Map released Wednesday will help residents of San Diego County prepare for peak fire season months. 

Here's how it works: when residents visit the website, they can type in an address and the map will pull up risk zones for the area and nearby areas as well as showing users related links, the name of the closest fire station and a guide for fire preparedness.

Fire Chief Tony Mecham said so far, humidity and rain have helped prevent major fires across the county, and the much anticipated El Nino should help as well. 

"It's their home, we want to save their home, so we're just asking the community to take some ownership of the fire problem," he said. 

According to the map, more than a third of the county is designated as 'high' or 'very high' risk zones, as defined by state officials.  

“Wildfire is a year-round threat in our region, but fall can be especially brutal,” said Supervisor Dianne Jacob, who represents East County, in a statement. “The online map is an eye-opening reminder of the risks we face, but it also provides critical information on fire protection and preparedness.”

The map was built with existing wildfire conditions data collected by California fire officials. 



Photo Credit: Courtesy of San Diego County

WATCH: SWAT Officer Dances the 'Nae Nae'

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Who knew SWAT officers had such good dance moves? An officer with the Oceanside Police Department (OPD) was recently caught on video dancing the “Nae Nae” in a clip gone viral.

The video of OPD SWAT Officer Corey Kaldenbach’s fancy footwork was recorded last week during the “Kid’s Day” event in Oceanside sponsored by the Boys & Girls Club.

In the cute clip, Kaldenbach busts a move to the popular song, “Watch Me (Whip/Nae Nae)” by Silento, enthusiastically dancing alongside a little boy with equally impressive moves.

The pair bounce to the music and hit every hand motion that goes with the current pop culture dance craze.

The video was posted to the OPD’s Facebook page Tuesday and has been shared by many on social media.

OPD Lt. Leonard Cosby said officers partake in Kid’s Day each year. During the event, kids get to speak with officers and check out some of the tools used by officials to keep our communities safe, including the OPD’s Mobile Command Vehicle and Bearcat.
 



Photo Credit: Oceanside Police Department
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Caitlyn Jenner Won't Face Criminal Charges in Fatal Crash

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Caitlyn Jenner will not be charged criminally in a chain-reaction crash on Pacific Coast Highway that killed a woman in February, prosecutors said Wednesday.

While driving on PCH and towing a dune buggy on Feb. 7, Jenner rear ended a woman's vehicle causing that car to veer into opposing lanes of traffic where the victim's car was hit by a second vehicle, killing the woman, authorities said.

Prosecutors said Jenner was traveling below the posted speed limit and put on the brakes right before the crash and the only possible violation was a traffic infraction.

Prosecutors said they could not prove beyond a reasonable doubt that Jenner's "conduct was unreasonable," according to the Los Angeles County District Attorney's charge evaluation worksheet.

"We believed from the start that a thorough and objective investigation would clear Caitlyn of any criminal wrongdoing," Jenner’s attorney, Blair Berk, told NBC News' Andrew Blankstein. "We are heartened the District Attorney has agreed that even a misdemeanor charge would be inappropriate. A traffic accident, however devastating and heartbreaking when a life is lost, is not necessarily a criminal matter."

The ex-Olympian faces civil litigation in the crash.

Hollywood talent manager Jessica Marie Steindorff, who counts model Alessandra Ambrosio as a client, filed a civil lawsuit in Los Angeles Superior Court. The suit seeks unspecified damages and does not reveal any new information about the fatal crash.

Steindorff was driving a 2010 Toyota Prius that was allegedly rear-ended by Jenner in the crash that left Kim Howe of Calabasas dead.

According to sheriff's deputies, Steindorff's Prius was stopped on PCH when she was rear-ended by a white Lexus. Jenner's black SUV with a trailer in tow then rear-ended the white Lexus, sending it into oncoming traffic, where it collided with a black hummer.

Howe died at the scene. Relatives of Howe have filed a separate suit against Jenner.

Jenner won the gold medal in the 1976 Olympic decathlon and is known to a younger generation for a role in the reality TV series "Keeping Up With the Kardashians." After a Vanity Fair story about Jenner and her gender transition appeared online, she became the most searched item on Google and her Twitter profile following skyrocketed to more than 1 million in about four hours.



Photo Credit: KNBC-TV

Woman Helps Soothe Baby on Plane

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A Facebook post about a stressed out mother with a crying baby on an airplane who found calm in the kindness of a stranger sitting next to her has gone viral.

Rebekka Garvison was boarding a plane from Chicago to Atlanta with her baby daughter Rylee on Sept. 24 when Rylee started crying inconsolably. The flight was full, and the other passengers were quiet but annoyed, according to Garvison. This included the couple who were sitting next to her.

"I could tell by their body language sitting right next to me that they weren't thrilled about sitting next to Rylee," Garvison wrote in a Facebook post later. 

Garvison then switched to a seat that had an empty seat next to it. Further down the row was a woman named Nyfesha Miller, who heard the crying baby and asked if she could try to calm her. Garvison passed Rylee to Miller, hopeful for a solution to stop the crying.

"As soon as she (Miller) had her, Rylee was looking out the window and stopped crying," Garvison wrote. "When we got in the air she fell right asleep and slept in her lap the whole flight until we got to our gate. She kept saying it wasn't a problem at all and it was actually a comforting feeling for her."

Miller even carried Rylee off the plane to allow Garvison to gather up all her other luggage.

The act of kindness has since gone viral via Garvison's Facebook post. Since she posted it last week, the post has been shared nearly 100,000 times.

"Nyfesha Miller, you will never understand how happy this act of kindness has made my family," Garvison wrote. "You could've just rolled your eyes and been irritated like everyone else, but you took her and held her the entire flight and let me get some rest and peace of mind. It brought tears to my eyes while I sat there and watched you and Rylee sleeping next to me." 

Something amazing happened to me today and I will never be able to express how grateful I am for it. If anyone has ever...

Posted by Rebekka Garvison on Thursday, September 24, 2015



Photo Credit: Facebook/Rebekka Garvison

Staff Member Finds Gun at Santana High School

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San Diego deputies launched an investigation Wednesday morning after a school staffer discovered a handgun lying on the ground at Santana High School in Santee, officials confirmed.

The San Diego County Sheriff’s Department said a staff member was walking through the faculty parking lot on campus around 6:15 a.m. when she noticed broken glass on the ground. As she went to clear the glass, she discovered a handgun on the ground.

The staff member reported her findings to the school’s resource deputy, and he took possession of the gun, the sheriff’s department said.

When the firearm was discovered, there were no children present at the high school, officials said.

The sheriff’s department is investigating, trying to determine who the gun belongs to and why it was on school grounds. Officials said they have not received any threats against the school.

At this point, investigators are calling this an “isolated incident.”

Anyone with information on this case should contact Sgt. J. Passalacqua of the Santee Patrol Station at (619) 956-4033. Tipsters can also anonymously call the Crime Stoppers Students Speaking Out Hotline at (888) 580-8477.

Santana High School is located at 9915 N. Magnolia Ave., about 20 miles from downtown San Diego.

In March 2001, Santana High School student Charles Andrew Williams, 15, killed two fellow students and wounded 13 others in a mass shooting at the high school in San Diego’s East County.
 



Photo Credit: NBC 7 San Diego

'No Movement, No Breath': Wife Recounts Killing Husband

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A Carlsbad woman who admitted to killing her husband continued testifying in her retrial Wednesday, recounting the exact moment when she shot her husband to death in their home as their children watched cartoons in another room.

“I turned around and saw him coming toward me. He said, ‘I’m going to kill you.’ I told him to stop. I heard a loud noise and felt [the gun] jerk. He froze, stopped and fell forward,” Julie Harper testified, recalling how she killed her husband, Jason Harper, on Aug. 27, 2012, after an intense argument.

“I ran into the bathroom because I thought he would come after me. [He was] completely still – no movement. I began shaking him and felt no movement,” she continued.

Julie said she called his name, but got no response. She said their children then came to the door to ask what was happening.

“I went to the door and cracked it. They asked what was going on and I told them, ‘Daddy fell off a chair,’” she recalled. “I went back again and there was no movement, no breath. I grabbed a blanket and covered him up, and put a few other things around the body. I didn't want the children to see him.”

“I was in complete shock. I didn’t know what to do – how to tell them that their dad was dead,” she added. "All I could think about was them."

Julie testified that she and Jason had gotten into an argument about a computer on the day she killed him. It allegedly escalated into him throwing things around their bedroom before she told him she had filed for divorce. Julie said Jason then began yelling about how they would have to pay for attorneys.

“I was so scared,” Julie said. “We took vows for better or worse, and he hadn’t been there for me. He was exploding.”

She claimed Jason shook and grabbed before she grabbed her gun and pulled the trigger. She said he also yanked her pants off, and she thought he was going to rape her.

On the stand, Julie claimed she had become afraid of Jason – so much so that she had packed a getaway bag, put cash aside for an escape and had taken her Derringer gun out of a safe and put it under her pillow in case she needed to protect herself from him.

After an acquittal on first-degree murder charges in her first trial last October, Julie now faces second-degree murder charges in her retrial, which continued Wednesday in north San Diego.

On Tuesday, a visibly nervous Julie took the stand for the first time in the retrial, recounting just how allegedly toxic and abusive her marriage had become in the years leading up to Jason’s murder.

Julie testified that she and Jason – who worked as a high school teacher – had major differences from the start of their relationship, but they still decided to get married.

Once they were married, Julie claimed Jason would often lose his temper over small things, frequently screaming at her, criticizing her and calling her names. She said he called her lazy and fat, among other things, and would curse at her in front of their kids.

Julie testified the verbal abuse eventually turned physical. She claimed her husband forced himself on her during times of rage and raped her about 30 times before she killed him.

She said she began to keep a journal recording the times he’d get angry or the times he allegedly attacked or raped her.

Julie also talked about her medical conditions, including how she suffers from several forms of arthritis such as Rheumatoid arthritis (RA). She said the medications she has taken over the years have caused side effects, including weight gain.

Julie testified that Jason thought she was faking her medical problems and expressed little concern
about her well-being.

The North County mother’s retrial began two weeks ago and since then, many witnesses have taken the stand, including Jason’s mother and brother, as well as neighbors who lived near the Harpers.

Much of that testimony has been emotional, including Jason’s younger brother, Brian Harper, who broke down in court recounting the day he learned Jason had been shot to death.

Last week, the couple’s two young children also took the stand, at times fighting back tears.

The couple’s son recounted how he and his sister were watching television in another room when they suddenly heard a “thud” on the day their father was killed.

The couple’s daughter recalled similar details on the stand, saying that when they went to check on their parents in the other room, her mother told them their father was dead.

Though Julie admits she killed her husband in self-defense because she was afraid he would kill or rape her, the prosecution says Julie added to the couple’s tumultuous family life by frivolously spending money when the couple was experiencing financial problems.

Julie testified that after she killed Jason, she dropped their kids off at her sister's house and went to a coffee shop. After that, she said she went to her father's office and told him Jason was dead. He suggested calling the police and said she would need a lawyer, Julie said in court.

She said she then buried the gun she used in the murder somewhere near her father's office.

Julie testified that she never reported that Jason had raped her to police because she was “embarrassed” and didn’t want her family to find out. She claimed she was afraid Jason would lose his job if she reported the rapes, which meant their family’s livelihood would be impacted.

The prosecution argued that writings in Julie’s journal included complaints from her about a lack of foreplay in her sex life with Jason.

Her testimony is expected to last all day.



Photo Credit: NBC 7 San Diego

1 Dead in NY From Legionnaires

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One person in New York has died from Legionnaires' disease amid a new cluster that emerged in a Bronx neighborhood this month, health officials said Wednesday as they announced the total number of cases connected to the current outbreak increased to 13.

The death was announced two days after health officials said they were investigating the new cluster in Morris Park, which the officials said is not related to the outbreak that sickened more than 120 people, killing 12 of them, in the borough over the summer.

Initially, the city said it was investigating a cluster of seven patients. Two days later, the patient total had nearly doubled. Officials say patients in the current cluster live or work in Morris Park and range in age from 45 to 75; 11 individuals remain hospitalized and all have underlying health conditions.

Thirty-five cooling towers in the area were tested for Legionella bacteria, and 15 of them came back positive. They are located at the Chase bank at 2725 East Tremont; Calvary Hospital at 1740 Eastchester Rd.; Lehman High School at 2964 East Tremont; Bronx State Psychiatric at 1500 Waters Pl.; Einstein College at 1199 Sacket Ave., 1845 Eastchester Rd., 1865 Eastchester Road, 1925-35 Eastchester Road and 1301 Morris Park Ave.

All locations were ordered to begin cleaning and disinfecting immediately, officials said.

Speaking in the Bronx Wednesday, Mayor de Blasio stressed the current outbreak is different from the one that erupted in the south Bronx over the summer, becoming the largest outbreak in New York City history. 

This is "different than what we experienced a couple of weeks back. This is a much more limited situation," the mayor said. "We're going to be very vigilant, be very careful." 

"The danger is not getting medical attention. That is the singular danger,” de Blasio added.

A spokesperson for Eintstein College of Medicine said Montefiore and Einstein have been compliant with all required health department cooling tower testing standards. 

"Despite these efforts, the most recent water test conducted by the DOH showed detection of Legionella," the spokesperson said. "In coordination with the DOH, we are treating the towers to eliminate harmful bacteria in these water sources, sanitizing the area regardless of the results, and will continue to take every precaution to protect students and staff."

Lehman High School has turned off the air conditioning as it disinfects the towers to remove the "trace amounts" of Legionella, according to a Department of Education spokesman. The water in the cooling tower is self-contained and separate from the water used by the school. Classes remain in session.

A town hall will be held in the neighborhood Thursday to address residents' concerns.

Health Commissioner Mary Bassett said Monday the city was working to determine the source of the outbreak and taking immediate steps to protect the people who live and work in the area. Bassett urged anyone with flu-like symptoms, including fever, cough and headache, to seek care immediately.

She said all patients developed the disease prior to Sept. 21, when the first case in the cluster was reported.

The deadly outbreak over the summer, which was the largest outbreak in New York City history, was linked to a cooling tower at the Opera House Hotel. In that outbreak, which affected the south Bronx, at least 128 people got sick; a dozen of them died. Those who died had underlying health conditions.

Concerns about prevention and safety prompted the city to develop and pass new legislation to regulate cooling towers, one of the locations where Legionella, the bacteria that causes the potentially severe pneumonia-like disease in people who are exposed to it, is likely to grow.

Under the new legislation, cooling towers across the city must be tested regularly for Legionella bacteria; any found to be contaminated must be disinfected immediately. The regulations specify penalties for violations, and the legislation makes New York City the first major city in the United States to regulate cooling towers.

Prior to the recent outbreak, no city records were kept as to which buildings had cooling towers.

The cooling towers in Morris Park had recently been cleaned in line with the new regulations, city officials said.

Legionnaires' disease usually sets in two to 10 days after exposure to the bacteria and has symptoms similar to pneumonia, including shortness of breath, high fever, chills and chest pains. People with Legionnaires' also experience appetite loss, confusion, fatigue and muscle aches.

It cannot be spread person-to-person and those at highest risk for contracting the illness include the elderly, cigarette smokers, people with chronic lung or immune system disease and those receiving immunosuppressive drugs. Most cases can be treated successfully with antibiotics.



Photo Credit: Centers for Disease Control and Prevention Public Health Image Library

Kemp to Miss Last Week of Season

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After reaching a personal milestone Tuesday night, it looks like Padres outfielder Matt Kemp will finish the year with exactly 100 runs batted in.

That's because Kemp is expected to miss the last week of the regular season after an M-R-I Wednesday revealed he has a strained and partially torn tendon in his right hand.

The injury flared up during the 4-3 loss to the Brewers Tuesday.

You could see Kemp flinching at 1st base after collecting his 100th RBI as he tried pulling off his batting gloves.

Interim Manager Pat Murphy decided to lift Kemp for a pinch-hitter as a precaution in the 5th inning Tuesday, even though Kemp wanted to stay in the contest.

Kemp had previously said that his hand was bothering him in recent games.



Photo Credit: Getty Images

Fed. Cop Had Sex on Duty in Gov't Cars: House Committee

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A U.S. House committee alleged Wednesday that a former high-ranking federal police official had sex in government cars while on official duty -- one of a series of incidents of misconduct the committee said it identified at the federal National Institute of Standards and Technology in Maryland.

The letter from the U.S. House Science Committee also detailed missing police equipment, security lapses and alleged time-and-attendance fraud. The letter was obtained by the News4 I-Team.

The agency was already under scrutiny after the police official, NIST police lieutenant Christopher Bartley, pleaded guilty in August to a federal charge of attempting to make methamphetamine inside a secured building on the grounds. That incident was discovered in July, when there was an explosion in a NIST building.
The U.S. House committee letter Wednesday said, “Officer Bartley allegedly had sexual relations with other NIST employees on agency property, in vehicles owned by the government, while on official duty.”
The letter was written to management of NIST, a federal research facility that is part of the U.S. Department of Commerce. 
The House committee's letter also indicated that time and attendance fraud occurs "regularly" at NIST Police Services. The committee said its review found Bartley’s timesheets indicated he worked 84 hours of overtime during a two-week span. 
The committee’s letter also said thousands of dollars of police equipment has gone missing, and it asked for access to and background information from the facility.

Immediate requests for comment from Bartley’s attorney were not returned. NIST confirmed it had received the committee's letter and would provide the information requested.
NIST employs about 3,000 scientists, engineers and others on a 578-acre campus about 15 miles north of Washington, D.C. Its grounds are closed to the public.
News reports in July about the explosion in NIST Building 236 caught the attention of the House committee. Bartley reported to work July 18; that evening, he went into a room where he could make meth under a chemical fume hood, according to his plea agreement.
The explosion he caused about 7:30 p.m. blew four shatterproof windows out of their frames, sending them 22 to 33 feet from the building.
Bartley suffered burns on his arms and singed eyebrows and hair, according to the U.S. Attorney.
The blast sent the temperature to 180 degrees, and a silent heat alarm activated. Responding firefighters saw Bartley leaving the room, according to the U.S. Attorney. He took items from the scene and dumped them in trash near the building and at another NIST building.
Investigators searched the room and the trash and found equipment and household items for making meth. In Bartley's car they found a recipe and more equipment.
In August Bartley’s attorney, Steven Van Grack, said Bartley was conducting an "unauthorized training experiment" at the time of the incident that "clearly failed." Bartley was trying to show how easy it is to make meth, Van Grack said.
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