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Chicago Activists Target Suburban Flow of Guns

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In the nine years since Pamela Montgomery-Bosley’s 18-year-old son, Terrell, was shot to death outside a Chicago church as he unloaded drums with a bandmate, she has been afraid that her other sons will be killed too.

She worries about them playing basketball outside, walking around, even sitting on the porch and if she could afford to, she would leave Chicago, she said.

“We should have a safe community like everybody else,” she said.

Already outspoken about the bloodshed that is ravaging Chicago’s South and West sides, Montgomery-Bosley joined an unconventional lawsuit filed over the summer to try to staunch the flow of guns into the city. Rather than sue the gun shops that Chicago officials say supply a disproportionate number of the weapons recovered at crime scenes in the city, the lawsuit uses a state civil rights law to target the suburban villages where three of the four gun shops are located. Brought by the Coalition for Safe Chicago Communities and others, it accuses the villages of discriminating against the city’s African-American residents by being lax in the regulation of gun dealers.

“We want our kids to be able to come outside and play and go to school and feel safe like everybody else, like other communities,” Montgomery-Bosley said. “We’re fighting for our civil rights.”

The verdict last week in another lawsuit, a rare ruling against the gun industry, has encouraged Montgomery-Bosley and other activists. A jury found that a gun shop in Milwaukee was negligent when it sold a pistol to a straw buyer — a man who stood in for the 18-year-old too young to legally buy a firearm — and it awarded two police officers badly wounded by the gun more than $5 million in damages. It was an egregious case in which a videotape showed the actual purchaser pointing to the gun he wanted and prompting his older friend as he filled out a form.

Both sides of the gun debate are watching to see whether the verdict spurs more challenges to the industry. The gun shop, Badger Guns, is expected to appeal.

"When dealers know that they could be liable for not taking common-sense steps to making sure that guns don't get into the wrong hands, that will hopefully dry up the supply of illegal guns a little bit at least," said Mike McLively, a staff attorney at the Law Center to Prevent Gun Violence in San Francisco. "We'll see what happens. It's definitely not over yet."

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Court action against the gun industry was more common before Congress passed the Protection of Lawful Commerce in Arms Act in 2005, at the urging of the National Rifle Association. The law was meant to end lawsuits trying to hold gun manufacturers and dealers liable for negligence when their weapons were used in crimes. It bans such suits except in cases involving defective weapons or if a dealer knowingly violates laws governing the sale of a gun.

The Milwaukee decision was the first jury verdict since the law was passed, McLively said. Another pending lawsuit to watch, he said: the one against Bushmaster Firearms International, the maker of the rifle that Adam Lanza used to massacre 20 first-graders at the Sandy Hook Elementary School in Newtown, Connecticut.

"If there were to be a victory there, in addition to what's happened now in Milwaukee, I would definitely say that there's some momentum building," he said.

A lawyer representing Montgomery-Bosley and the others, Sean Morales-Doyle, said the verdict was a good sign about where preventing gun violence was headed although it was reached on a different approach.

“We’re happy to see that there’s a growing concern about straw purchasers and preventing sales to straw purchasers,” said Morales-Doyle of Despres, Schwartz and Geoghegan. “So it's obviously a very similar issue to what we're trying to address in our case. We’re addressing it from a different angle.”

The coalition’s lawsuit, based on the Illinois Civil Rights Act of 2003, argues that the lives of African Americans in the most affected areas are endangered by the guns being sold in the villages of Riverdale, Lyons and Lincolnwood. The villages’ policies have turned their neighborhoods into virtual war zones, while white neighborhoods are safe, their lawyers argue. The illegal trafficking of guns keeps residents isolated and fearful, and depresses the value of their homes.

Morales-Doyle says the law does not require them to show intent.

A study done last year by the city of Chicago, “Tracing the Guns: The Impact of Illegal Guns on Violence in Chicago,” found that 60 percent of guns recovered in crimes in Chicago between 2009 and 2013 were first sold in other states, many with weaker gun laws. Indiana, Mississippi and Wisconsin topped the list.

The three gun shops in the Chicago suburbs — Chuck’s Gun Shop in Riverdale, Midwest Guns in Lyons and Shore Galleries in Lincolnwood — and another in Gary, Indiana, supplied nearly 20 percent of guns found at Chicago crime scenes, amounting to thousands of guns. The stores are all within a short drive of Chicago.

“By contrast, during that same time period, the average number of guns traced back to all other gun stores was three,” the report says.

Just this weekend, six people were killed in the South and West sides.

Much of the violence is driven by gangs, officials say. The death toll of the weekend before last included a 3-year-old boy accidentally shot in the head by his 6-year-old brother during a game of cops and robbers. The boys' 25-year-old father, who is charged with child endangerment, told police that he was a former member of the Spanish Cobras gang who bought the gun for protection. It was stashed on top of the refrigerator

The Chicago Tribune, which has been tracking shootings in the city, reported after the weekend that at least 415 people had been shot to death this year, up from 356 last year.

Homicide rates in some parts of Chicago have fallen, but by neighborhoods not across the whole city, the coalition's lawsuit notes in legal papers filed late last week. Maps posted by Daniel Kay Hertz, a senior fellow at City Observatory, a think tank devoted to data-driven analysis of cities, show that from 2008 to 2011, the North Side of Chicago had a homicide rate of less than 6 per 100,000. Meanwhile, neighborhoods on the South and West sides got more dangerous — a few with rates up to 70 per 100,000.

The lawsuit asks that the villages require the gun shops to do more to keep guns out of Chicago: background checks on their employees, training for employees to identify straw buyers, alarm systems and other measures to deter theft, alphabetical logs of the sale of guns later associated with a crime, refusal to deal with customers who recently bought guns used in a crime, inspections of store inventory and video cameras to record sales.

“People who care about the issue need to take creative and untried approaches to get at this problem," said Locke Bowman, the executive director of the MacArthur Justice Center at the Northwestern University School of Law. "There isn’t any doubt that the prevalence of guns, the ease with which folks can acquire guns, connects to the unacceptable levels of violence in which guns are involved.”

The villages have asked that the lawsuit be dismissed.

Steven M. Elrod, a lawyer with the firm Holland & Knight, which is representing Lincolnwood, said the courts cannot be used to mandate action from a legislature, which is what is being asked.

“We appreciate the concern that the plaintiff has concerning gun violence,” he said. “We do not agree with the procedure that they are using to reach their goal."

Midwest Guns had no comment and the other two stores did not respond to telephone messages.

Chuck's Gun Shop has been the site of protests by the Brady Campaign to Prevent Gun Violence as part of its campaign against "bad apple" gun dealers. It is among the 5 percent of gun dealers in the country that supple 90 percent of the guns in crimes, according to organization.

The Rev. Michael L. Pfleger, the senior pastor of St. Sabina Church on the city's South Side, said he and others had long tried to convince Chuck's Gun Shop to better regulate its sales and help stop the carnage in the city.

"We're just saying you've got to stop worrying about money and worry about being responsible," he said.

George A. Mocsary, an assistant professor at Southern Illinois University School of Law and a co-author of “Firearms Law and the Second Amendment: Regulation, Rights, and Policy," said that he expected the coalition’s lawsuit to be dismissed because it did not show any irregularities with the sales as was the case in Milwaukee. That the gun shops in the villages provided more of the guns found at crime scenes did not prove anything by itself, he said.

“These were some of the larger stores in the suburbs," he said. "So if you're a larger store, if more volume goes through your store, inevitably given that guns come from somewhere, comparatively more will come from your store just by virtue of being a bigger business."

The executive director of the Illinois State Rifle Association, Richard Pearson, also argued that the lawsuit had no merit.

“You can bring it under anything you want, if it has no merit, it has no merit,” he said.

After Montgomery-Bosley’s son Terrell died, she offered a $7,000 reward to try to find out who had killed him, but his case remains unsolved. She said she heard that someone playing a joke claimed falsely that he was in a gang. He was attending Olive-Harvey College, a community college that is part of the City Colleges of Chicago, playing his base guitar and working, she said.

Chicago is two cities, she said. If the gun violence were taking place downtown, officials would have found a way to stop it, she said.

“If it wasn't just on the South Side of Chicago and it was downtown and everywhere else, then it's a Chicago issue," she said. "But this is just in our community and I feel like they don't care."



Photo Credit: Getty Images
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High Tides, High Surf Along Coast

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San Diegans can expect to see a strong swell paired with high tide along our coast this week.

A coastal flood advisory was in effect through Thursday, according to the National Weather Service.

Sets of 5-foot waves were expected Tuesday with sets of 7-foot waves expected before week’s end.

Low-lying beaches were most susceptible for minor flooding. The highest high tides will occur between 9-11 a.m. each day.

As of 9:30 a.m., San Diego Lifeguards said there was really no significant impact except boat launch at La Jolla Shores.

"The tide is in quite high which is a little bit unusual," said Connie Adams Cardiff resident.

“It just makes the waves softer,” said surfer Chuck Glynn. “Makes it user friendly for a beginner surfer.”

Download the free NBC 7 mobile app to get weather updates on the go.
 



Photo Credit: NBC 7

New Video in Zombie Walk Crash

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New video of the 2014 crash through a crowd outside San Diego's Comic-Con convention was played in court Tuesday as the driver responsible for the crash faces felony reckless driving.

Matthew Pocci faces a felony charge of reckless driving in connection with the July 26, 2014 crash near the San Diego Convention Center.

Pocci was behind the wheel of a car that drove through a crowd of pedestrians during the “Zombie Walk."

Both sides agree he was the driver behind the wheel, given the extensive videos and photos of the event; whether he seemed scared or impatient is under review. 

Defense Attorney Ashby Sorensen said people in the crowd motioned for Pocci to drive forward after he sat at the intersection for several minutes.

Pocci, who is deaf, argues that he was afraid of a crowd of people gathered for the parade at 2nd and Island Avenues. He said his passengers, including a child, were scared of the crowd.

In an earlier interview with NBC 7, Pocci signed using ASL that the crowd was out of control and pounded on his car, trying to get inside his car.

Police Identify Officer, Man in Fatal Shooting

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San Diego Harbor police have identified the officer and man involved in a fatal shooting earlier this week.

On Tuesday, Anthony Ashford, 29, was shot to death by Harbor Police Officer Sulimoni Ahfook, a nine-year veteran of the department.

At about 10:45 p.m., Ahfook noticed Ashford looking into cars and stopped his patrol car on North Harbor Drive near Nimitz Boulevard.

Police say Ashford immediately crossed to the street in front of the Holiday Inn and attacked the officer.

When Ahfook tried to taser the suspect, both men were hit by it. It’s possible Ashford held the taser at one point, according to San Diego police homicide investigators.

Police say Ashford then tried to take the officer’s handgun. Ahfook was able to break free, and when Ahfook charged him again, the officer fired, according to officials.

The shots struck Ashford in the torso and killed him.

Ahfook suffered moderate injuries, such as abrasions and contusions, police say.

Earlier that night, security at the Holiday Inn had removed Ashford from the lobby, according to homicide investigators.
 



Photo Credit: NBC 7

Boy and Dad Hit by Car Near Elementary School

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A first grade student was airlifted to Rady Children's Hospital in critical condition Friday morning after the boy and his father were hit by a car in front of Monte Vista Elementary School in Vista, officials confirmed.

The accident happened around 8:30 a.m. at the school located at 1720 Monte Vista Rd. near Valley Drive. Investigators with the Vista Sheriff's Department said the 28-year-old father and his 6-year-old son were struck by a woman driving a Nissan Murano as they walked across the street, hand-in-hand.

The child was flown via helicopter from the scene to the hopsital with life-threatening injuries. The father was taken by ground ambulance to Palomar Medical Center with serious unspecified injuries.

As of 10:15 a.m., the father's condition was unknown. At 9:20 p.m., a media relations officer at Rady Children's Hospital confirmed the boy was still in critical condition, but said no further information was available.

The names of the father and son were not released.

The victim’s brother-in-law told NBC 7 he was dropping off his own child at school when he got a phone call from his sister telling him about the horrific accident. He pulled his car over near the elementary school and rushed to the area.

In front of the school, he said he saw his brother-in-law and nephew lying in the road, with paramedics tending to the injured victims.

“They looked pretty bad – especially my nephew,” he told NBC 7.

Items belonging to the father and son were strewn about the roadway, including a pair of black Batman shoes presumably belonging to the child, as well as a backpack.

Two witnesses told NBC 7 the father and his young son were walking in a crosswalk at the time of the collision. Sheriff's investigators confirmed the pair was in the crosswalk.

The investigation is ongoing, and officials have not yet released details on how, exactly, the accident transpired. Officials said a crossing guard was working the area in front of the school at the time of the crash and she was interviewed by investigators.

It is unclear, at this point, if the crossing guard motioned for the father and son to cross the street.

Meanwhile, the driver in this accident was questioned by investigators but was released at the scene. She is currently not facing any charges, as the incident remains under investigation.

A parent of a Monte Vista Elementary School student told NBC 7 there are dangerous traffic problems near the school and some parents have been pushing to improve traffic enforcement in the area.

Lauren Lieberman told NBC 7 too many cars drive at high speeds in front of the school. She said she’s not pointing fingers but feels the problem could be easily fixed.

Monte Vista is one of 10 schools in this district under the Safe Routes to Schools program. That means the City of Vista and the district have partnered to make walking to school safer.

On October 19, a city traffic engineer stopped by the campus and did a "walkable audit," according to Steve Hargrave, Director of Student Services for Vista Unified:

While the results won't be released until the end of next month, the district expects to receive feedback on things such as sidewalks, signal lights and street lights.

Monte Vista Elementary School educates students in kindergarten through fifth grade.

Man Ejected onto Freeway Sign in Fatal 5 Fwy Crash

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The driver of a speeding car was ejected onto a freeway sign during a fatal crash that caused lane closures on the 5 Freeway in the Glendale area Friday morning.

The crash happened on the southbound 5 Freeway near the Colorado Street exit around 7 a.m., according to the California Highway Patrol.

CHP identified the driver as 20-year-old Richard Pananian of Burbank.

According to CHP, Pananian was driving recklessly at high speeds when his Ford sedan collided with a pickup truck and rolled over several times.

Pananian was ejected upon impact and traveled about 20 feet in the air, landing on the metal frame of the freeway sign, according to CHP.He was pronounced dead at the scene.

"It is disturbing and it just highlights how dangerous driving at high rates of speed could be," said CHP officer Edgar Figueroa.

Firefighters used a ladder to reach and lower the body.

A tow truck driver who arrived at the scene said he had never seen a more gruesome or bizarre aftermath during his 23 years covering traffic accidents.

The driver of the pickup truck was not hurt.

A Sig Alert was issued just before 7:30 a.m., shutting down two lanes to traffic during the investigation. All lanes were reopened shortly after 10:30 a.m.

The cause of the crash was still under investigation.



Photo Credit: NewsChopper4

What the Latest Batch of Clinton's Emails Reveal

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In the first email dump since Hillary Clinton testified for more than ten hours before the House Benghazi committee, the former Secretary of State scolds her staff for putting together an "inadequate" timeline of her leadership on Libya in 2011 and corresponds with big names in D.C. and Hollywood.

"This is example of my continuing concern that we don't have our records ready," she said in an email sent in April 2012.

There was also a dash of celebrity in Friday's email dump, with messages from actor Ben Affleck, Facebook COO Sheryl Sandberg and civil rights leader Jesse Jackson  — along with some issues about emoji.

The remainder of the roughly 30,000 emails will continue to be released through next year. 



Photo Credit: AP

U.S. to Send Special Operations Forces Into Syria

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The White House announced Friday that a small number of U.S. special operations forces will be sent into Syria to help combat ISIS.

President Barack Obama has authorized a contingent of less than 50 special operations forces to deploy into northern Syria.

White House Press Secretary Josh Earnest said Obama hasn't made the announcement himself because the decision it not a major strategy change in Syria. "It's an intensification of strategy the president announced about a year ago," Earnest said.

Obama and his administration have come under mounting pressure amid signs the anti-ISIS coalition has stalled or at least failed to turn the tide against the militants.



Photo Credit: Getty Images

27 Dead, 180 Hurt in Romanian Nightclub Explosion

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Romania's prime minister has decreed three days of mourning starting immediately for the victims of a nightclub fire and stampede.

Prime Minister Victor Ponta cut short a visit to Mexico to return to Bucharest after a fire broke out late Friday in a nightclub in Bucharest, killing 27 and injuring 180. Officials expect the death toll to rise in what is the worst disaster of its kind ever in Romania.

Some 146 club-goers remained hospitalized across the Romanian capital Saturday morning after hundreds fled in a panic late Friday, trying to get out of the Colectiv club's only exit door from a basement in downtown Bucharest.

Raed Arafat, an emergency situations official, said Saturday that 17 of those who died still have not been identified and he feared that others would die of their injuries.

TV stations posted a number for families to call to find out about the tragedy, the deadliest of its kind in the country's history.

Witnesses told Antena 3 TV that between 300 to 400 mostly young people had been at the club, housed in a former factory, when the metal band Goodbye to Gravity was performing and a pyrotechnical show went awry. They said there was only one exit.

Club-goers told Digi 24 television that a spark on stage ignited some polystyrene decor. Photos posted on social media appeared to show a flame emanating from a pillar covered in foam insulation as those in the audience applauded the band.

Victor Ionescu, who was at the club with his girlfriend, told Antena 3 TV that many panicked.

"People were fainting. They were fainting from the smoke. It was total chaos, people were trampling on each other," he said.

Club-goers, some barely in their teens, suffered burns and smoke inhalation. Parents and friends gathered outside the nightclub for hours as news of the fire spread, searching desperately for their loved ones.

Police spent all night in the club investigating the incident and questioning the club's owners.

The government is meeting later Saturday and is expected to announce three days of mourning.



Photo Credit: AP

San Diegan Wins $644K Lotto Prize

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A very lucky San Diego resident is now $644,506 richer thanks to a winning Powerball lottery ticket she bought last month at a liquor store in City Heights.

California Lottery officials say Hai Huynh has come forward to claim her big prize from the Powerball drawing that took place just over six weeks ago, on Sept. 12.

Lotto officials say Huynh purchased her winning ticket at T&M Liquor located at 4245 El Cajon Blvd. The ticket matched five of the six numbers in that particular Powerball drawing – 2, 3, 13, 16 and 35 – missing only the Powerball number, 27.

Currently, the California Lottery’s Powerball jackpot has climbed to $127 million, after the latest drawing on Oct. 28 did not generate a winner.

Over the years, San Diego has had its fair share of California Lottery victors.

Just this summer, local Sonier De La Cruz matched five out of six numbers on a Mega Millions ticket, taking home a respectable $430,295 prize. In that instance, De La Cruz purchased the winning ticket at Ranch Market on Clairemont Mesa Boulevard.
 



Photo Credit: File Photo

Zoo’s Grandma Tortoise Celebrates Halloween

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You’re never too old to celebrate Halloween. On Wednesday, the San Diego Zoo’s oldest resident – a 130-year-old Galapagos tortoise – did just that by enjoying a fall treat alongside some other senior animal citizens.

Animal care staff gifted the Galapagos, known simply as “Grandma,” and her group of senior tortoise friends with a hearty pumpkin breakfast as part of a special October “enrichment” activity.

The tortoises chowed down on the gourds, savoring each bite of the bright orange, tasty Halloween treat. At times, they shared pieces of the pumpkins with one another.

“In October, we usually try to give them something a little different than what they normally get,” explained reptile keeper Jonathan Carlson. “The bright color, they’re really attracted to it. Pumpkins are just a little something different than their diet.”

Grandma and her pals wound up with pumpkin pulp on their faces – a telltale sign of a good meal.

Grandma and other senior tortoises currently live at the Reptile Mesa in the Discovery Outpost area of the San Diego Zoo. Though estimated to be between 130 and 140 years old, keepers say Grandma is smaller than her roommates. Due to her age, she tends to stay in one location, moving only when she feels it is necessary.

“She wears out a little bit quicker,” Carlson added.

The Zoo has a total of 13 supersize tortoises, nine of whom arrived at the Zoo in 1928. Zookeepers estimate all but one are over the age of 90, making them among some of the oldest animals on Earth.

According to the San Diego Zoo, Galapagos tortoises are the giants of the tortoise world. Typically, females weigh about 250 pounds while males weigh an average of 500 pounds.
 



Photo Credit: Ken Bohn/San Diego Zoo
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Weekend Events: Oct. 29-Nov. 1

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Weekend Warriors, your Hallo-weekend is finally upon you, and it's packed with a fun mix of family-friendly Halloween picks (some with animals, of course), festive sugary crafts and some late-night parties. Pick your favorite Halloween event and enjoy the spooky holiday! 

Thursday, Oct. 29

Fallbrook Scarecrow Days 
All day, Historic Downtown Fallbrook
Get in the Halloween mood with this display of cute, quirky and scary scarecrows in Fallbrook happening all month long. Bring the kids for crafts and let them road around and see animals, play games and even chow down on some snacks.

Local Ales and Acoustics
2 p.m., Herringbone in La Jolla
Mix sips and sounds at this monthly event at Herringbone in La Jolla, where local musicians come in to play soothing tunes. Enjoy local ales as you sit back and relax.

Friday, Oct. 30

Halloween San Diego Club Crawl
8:30 p.m., Various locations in Downtown San Diego
If you love to dance, this club crawl is for you. One ticket will get you VIP access to four of San Diego’s top Halloween parties with no wait time to get into the venues. Additionally, the pass will allow you to move freely between the venues without waiting around for others. Tickets start at $35.

Saturday, Oct. 31

Howl-O-Ween Harvest Family Day
9 a.m., Helen Woodward Animal Center
Too scared of spooky ghosts and skeletons? There’s another way to celebrate Halloween. At Helen Woodward’s Howl-O-Ween, kids and adults alike can get up close with animals they may consider scary – like snakes – and learn why they aren’t so scary after all. Kids will also be able to pick pumpkins from a mini pumpkin patch, in addition to other activities. Tickets start at $5.

Howl-O-Ween Dog Costume Contest
12 p.m., Grape Street Dog Park
Dress up your pooch in his or her best costume and bring them out to Grape Street Dog Park, where they can compete to win a costume contest. Eat snacks and stroll around with your little pup to celebrate the spooky fun holiday. The event is free to attend.

Dia de los Muertos: The Science of Sugar Skulls
11:30 a.m., Rueben H. Fleet Science Center
What’s better than sugary treats? Well, nothing, really. At this Rueben H. Fleet Science Center event, the Tinkering Studio will help attendees learn more about the Mexican Day of the Dead while they build and decorate their very own sugar skulls. Admission is $5 per person.

Sunday, Nov. 1

Jack-O-Smash Race and Family Festival
7:30 a.m., Poway Sportsplex USA
Have you ever wanted to see a pumpkin flying 80 feet into the air? Then this is the event for you! Start your morning off by picking either a 5K, 10K or 15K run (or walk 1K) to help raise funds for three local Poway charities. There will additionally be a fun zone for kids to play in and, of course, pumpkin smashing. Participants must register in advance. 

A Walk Through Balboa Park
2 p.m., Jacobs Music Center on B Street
Experience the sights and sounds of San Diego in a beautiful arraignment of works meant to encapsulate fountains, gardens, art museums and all the best parts you know and love in San Diego. The San Diego Symphony will bring San Diego to life through music. Tickets start at $15. 



Photo Credit: Getty Images

Surfer's Body Washes Up on Swami's State Beach

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A surfer who frequents Swami’s State Beach in Encinitas made a grisly discovery Friday morning: the lifeless body of a fellow surfer who had washed ashore, officials confirmed.

State lifeguards, Encinitas Fire Department officials and deputies from the North Coastal Sheriff's Station were alerted around 5:10 a.m. about the body found near the shoreline located at 1298 South Coast Highway 101, approximately 26 miles north of downtown San Diego.

When investigators arrived at the beach, they discovered the surfer's body covered in kelp. Near him, officials also found a broken surfboard.

The medical examiner's office identified the deceased surfer as Kenneth A . Mann, a 61-year-old Encinitas resident.

The sheriff's department said Mann was wearing a wetsuit and was still attached to his surfboard by the leash.

Other surfers who regularly visit Swami’s State Beach told NBC 7 avid surfers frequent that spot in the very early hours of the morning to catch good waves, especially during a Full Moon, sometimes using the moonlight as their guide.

Several regulars at the beach said the surfer who found the body tried to see if he personally knew the victim, but the man's face was swollen beyond recognition.

Many of those surfers feared the man found dead near the waves is one of their surfing buddies.

"It's devastating -- absolutely devastating," local surfer Mike Tedesco told NBC 7. "My heart goes out to them and their family and their whole community. It's unthinkable."

The medical examiner has not yet determined Mann's cause and manner of death. 



Photo Credit: Liberty Zabala

Bike Theft Suspect Stabs Harbor Police Officer

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An officer with the Harbor Police Department was stabbed Friday as he tried to arrest a bicycle theft suspect, a Port of San Diego spokesperson said.

Witnesses say the suspect on a bike wheeled into an alley near Market and 15th streets just before noon, on his way to a pedicab company nearby.

A Harbor police officer pulled up in his car and told the man to stop. According to the witnesses, the officer was in plain clothes.

"Then the guy kept going like he was going to try to get away," said witness James Zumwalt. "And then the police officer got out of the car and tackled him, and then they started wrestling on the ground, and it was just a big wrestling match for about 30 seconds."

During the scuffle, the suspect stabbed the officer in the upper right thigh, the Port spokesperson said.

The officer was taken to UCSD Medical Center and is expected to make a full recovery.

The suspect has since been arrested. The names of those involved have not been released.

Investigators sent the case to the District Attorney's office for charges.



Photo Credit: Omari Fleming

Pet Predictions: Chargers at Ravens

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The pets of San Diego must have started celebrating Halloween a bit early this week because we only got one video! Don’t worry; we put our sports intern Frankie to the test to predict who will win this week, the Chargers or the Ravens?

We also got some help from our pals at the Helen Woodward Animal Center (AnimalCenter.org). Guinea pig Gemma from their Education Department took time out from teaching kids how to make the world a more humane place to make her pick.

Want to see your pet on next week’s Pet Predictions? It’s easy! Just send the video of your pet predicting the winner of next week’s Monday night match-up between the Bears and Chargers by 4 p.m. Friday 11/6. Either email (Becki.Schildhouse@nbcuni.com), tweet or Instagram (@BeckiSSD) the video to me and we’ll show as many as possible.

*NBC 7 will not use any videos where an animal appears to be forced to do something they don’t want to do.



Photo Credit: Getty Images

French Train Hero Spencer Stone Earns Promotion to Staff Sergeant

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Spencer Stone, the U.S. airman hailed as a hero for helping to foil a terror attack on a French train, was promoted from Airman 1st Class to Staff Sergeant during a Friday ceremony.

The promotion officially goes into effect Sunday, Air Force officials told NBC News, and the 23-year-old earned the distinction for his leadership and courage that he showed during heroic actions in August.

Stone and two childhood friends subdued a gunman who opened fire on a Paris-bound train. Stone was stabbed with a box cutter several times during the mayhem. He, along with friends Alek Skarlatos and Anthony Sadler, received France's Legion d'Honneur for their bravery.



Photo Credit: U.S. Air Force photo by Ken Wright/FOUO

Man Paralyzed After Apparent Road-Rage Beating Now in CA

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A San Diego man left paralyzed as a result of an apparent road-rage beating in New Orleans is now one step closer to home, thanks to online donations. 

Doug David, a La Jolla jazz lover who often made trips to the French Quarter, told police he was nearly struck by a small black car as he crossed a road in an adjacent neighborhood just before midnight on Oct. 15.

"He was crossing the street and someone ran the stop sign and almost hit him,” his niece Alicia Foulds told NBC 7, “and he threw a beer can at them and I'm assuming probably used some choice words."

The driver stormed out of the car and hit David in the face, New Orleans police said. The victim remembers nothing after the punch.

It took an officer about 40 minutes to arrive at the scene, which had been cleared by that point when an ambulance took David to the hospital. “With neither the victim nor witnesses on scene, the incident was marked up unfounded,” police said in a release.

That’s why it took officers 10 days to finally contact David in a New Orleans hospital after a call from family members.

The beating left David with spinal cord injuries that paralyzed him from the shoulders down. Foulds, a Rancho Cucamonga resident, flew to New Orleans to be with her uncle.

“My heart breaks for him,” said Foulds, “to know the kind of lifestyle he lived and to know that is forever changed.” She said he frequently cycles as part of his active, retired lifestyle.

An air ambulance to fly him back home cost $20,000, and his loved ones began fundraising online. On Saturday, Doug's close friend Stephen Simpson said his friend was transported from New Orleans to Ontario, CA.  He will undergo treatment at a hospital there for his injuries. 

The family has started a fundraising page in an effort to raise money to continue his medical treatment.

Meanwhile, New Orleans police are looking for the driver in the small black vehicle who is accused of second-degree battery. The suspect has been identified as Christopher S. Smith, 30, and his car has a Louisiana license plate of XQT199, officers said.



Photo Credit: NBC San Diego
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Camp Pendleton Brush Fire Sends Smoke Into Air

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 A brush fire at Camp Pendleton sent smoke into the air. 

The fire broke out around 12:33 p.m. on Interstate 5 just south of the Border Patrol checkpoint, California Highway Patrol officials and Camp Pendleton officials said. 

The brush fire is on the east side of the freeway, near electrical towers.

No further information was immediately available. 

Refresh this page for updates on this breaking news story. 



Photo Credit: Getty Images

Family Pleads for Clues in Memorial Day Murders

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It’s been five months since unknown gunmen killed two men – including a beloved father of seven – in a Memorial Day shooting in San Diego’s Valencia Park community, and family members are desperate for answers.

To date, no arrests have been made in the May 25 shooting that left Joel Branch Jr., 47, dead, along with his longtime friend, Gerald Morris, 48.

According to investigators, the victims had gathered with neighborhood friends for an NBC playoff party and were hanging out on Branch’s patio when two men walked up to the group and fired those fatal shots.

Months later, Branch’s family is pleading for clues, trying to get closure from the tragedy. As of right now, there is no motive in the murders, no leads on possible suspects.

This includes one of Branch’s seven children, his eldest son, also named Joel Branch Jr., who is really missing his father and everything he was to their family.

“He always showed commitment; he was always there for you,” Joel told NBC 7 Friday. “That is the thing we miss about my father the most. He was always there when you called for him.”

Branch, who went by the nickname “Junior,” was thought of as a real hero in his Valencia Park neighborhood after he not only pulled himself out of a life of crime and poverty, but started a hauling business that helped others do the same.

To his children, sisters and community, Branch and his business provided encouragement in a rough neighborhood at Groveland Drive near 54th street.

“His friendship, his love and smile – his laugh. He was just a giving person,” the victim’s sister, Johnnie Branch-Durham, explained.

She told NBC 7 she’s baffled by the murder of her brother and doesn’t know why anyone would want to hurt him.

“We don't know who did this. Who would do such a thing? If they are people that we know people that we don't know,” Branch-Durham said.

According to police, a third man was shot that day about a block away from Branch’s home by the same suspects that killed Branch and Morris. That victim survived. He ducked during the shooting, so he did not see the gunmen.

Sources close to the case said investigators found DNA evidence on a shell casing left behind. Thus far, it is perhaps the only break in the case.

Branch’s family is now asking for the public’s help in tracking down any information that could lead to an arrest before the murder case turns even colder.

“Any lead. Any small lead, any small detail. Our family wants closure,” Branch-Durham begged.
Just as Branch stood as a symbol of hope for many people, his family is holding out hope that the men who killed him will be caught and brought to justice.

Unfortunately, the family said violence in the Valencia Park community has not stopped since the Memorial Day killings. In the months that have followed, four other people have been shot and killed in the same neighborhood.
 

Local Agencies Prep Wildfire Emergency Plan

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San Diego has suffered through some of the most devastating wildfires in California, and agencies across the county are working closely together to ensure there’s a well-prepared plan in place should the smoke rise again.

Emergency response teams from every agency across San Diego County – including fire, law enforcement, water, electricity, and animal services – have been working together on a new, comprehensive plan to prevent and extinguish wildfires as quickly as possible.

According to agencies, San Diego’s Mount Soledad is one of the regions currently exhibiting significant wildfire risk factors. An aerial view of Mount Soledad from the San Diego Fire-Rescue Department's (SDFD) Copter 1 shows several red flags: thousands of people living in homes built on hillsides; dense, old brush that has never been exposed to fire; homes with very little defensible space; and very limited roads by which to access the area.

“There are very few roads in and out of here, and unfortunately, there are a lot of dead end roads once you get into the community, that are heavily grown," said SDFD Assistant Chief Brian Fennessy. “One way in, one way out. And if you can imagine a situation where a community is working to evacuate in that kind of condition, where we're trying to bring resources in, it's really a recipe for disaster.”

Keeping in mind the very real risks of wildfires sparking in the region, a pre-fire plan is being created for San Diego County designed to help emergency responders achieve the best results, in the worst conditions.

"Any type of delay really can equate to loss of life and loss of structure, so it's important that our commanders who show up first on the scene have an initial plan,” said Fennessy, who takes over as SDFD Chief effective Nov. 12.

“Where are the hazards? Where are the wires? Where are the things aircraft need to pay attention to? Where are the evacuation routes? Where are we going to put base camp? Where are we going to stage all this equipment that we have ordered? It's all in the plan," he explained.

Fennessy says the greatest loss to life and property happens within the first six hours of a large fire. This current wildfire plan is aimed to serve as a playbook for firefighters who are first to arrive.

“Whether or not they're familiar with that geography, that area of the city, they quickly pull up a plan and get a good start on that incident,” Fennessy added.

The regional pre-fire plan is being created with the help of consultants, who've spent decades working in the fire service.

The City of San Diego used Homeland Security grants to fund the project: $250,000 in 2014, another $250,000 in 2015, and $125,000 for 2016.

Representatives from local emergency agencies, along with the consultants, divided San Diego County into more than 100 communities for the pre-fire plan.

So far, agencies have completed individual plans for about 60 local communities at the highest risk for wildfires.

“These pre-plans bring together all the emergency response agencies under one coherent plan that they agree to up front, that allows them to execute them rapidly," said Mike Rohde, a retired Orange County firefighter who now runs the consulting firm Rohde & Associates.

The pre-fire plan includes a risk assessment matrix with a color-coded diagram.

"Red, green, yellow coding indicates the type of risk associated with the various elements, such as population, density, and amount of water available,” explained Rohde, who borrowed the concept from the U.S. Army.

"This is a really good example of how we have come together countywide, because fires have no boundaries," said Mike Scott, the program manager for Regional Technology Partnership, which oversees how Homeland Security money is used at the local level.

Scott, the former chief of Heartland Fire and Rescue, said San Diego’s pre-fire plan template is being shared with Orange County, whose emergency agencies are also taking a similar approach to fire prevention.

"We're better prepared to serve the all of San Diego County in advance, as opposed to being reactive. We're now better coordinated and more organized," he added.
 



Photo Credit: May Tjoa
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