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92-Year-Old With Alzheimer's Missing in Oceanside

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The Oceanside Police Department is asking for assistance from the public in a missing person at risk case.

Kenneth Riener, who is 92, has been missing since 10:30 a.m. Saturday when his daughter said he left their home at the 1400 block of Highridge Drive to go on a walk. Police began investigating just after 4 p.m. Saturday.

Riener has been diagnosed with Alzheimer’s and Dementia. He is approximately 5’9”, 140 pounds, with gray black hair and hazel eyes. He was last seen wearing a long sleeve blue shirt and light colored jeans.

Anyone with information on Riener is asked to call the Oceanside Police Department at (760) 435-4911 or contact their local police agency if he is found outside the City of Oceanside.
 



Photo Credit: Oceanside Police

Hardy Takes to Twitter to Express Regret

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Dallas Cowboys defensive end Greg Hardy took to Twitter Saturday to express his regret over things that have happened in his past.

On Thursday a domestic violence charge against Hardy was expunged and on Friday the photos, appearing to show Hardy's ex-girlfriend battered and bruised, were released by Deadspin.

In 2014, Hardy was convicted for threatening and assaulting his then-girlfriend Nicole Holder in Charlotte, North Carolina, NBC Sports reported. About a month after the alleged attack, the NFL suspended him with no pay for 10 games, according to a press release put out by the league's vice president of communications, Brian McCarthy. The suspension was later reduced to four games.

The charges against Hardy have been dropped and expunged, which means they were erased from the eyes of the law.

The charges were dismissed in February 2015 after Holder did not appear in court. The Mecklenburg County district attorney's office said it had "reliable information" that the pair had reached a civil settlement, according to ESPN.

But the case was back in the spotlight on Friday after Deadspin released the photographs.

Deadspin said it received hundreds of pages of records, some already reported, including police reports, interview transcripts and photos. The publication released over 40 photos that appear to show Holder with bruises on her arms, legs, chin, neck and foot.

In March 2015, the former Carolina Panthers' star signed with the Dallas Cowboys. Since starting, the team's owner Jerry Jones has called Hardy a "real leader" who inspires the team, even after video showed him shoving a coach during a game.

"While we did not have access to the photos that became public today, we were and are aware of the serious nature of this incident. We as an organization take very this seriously. We do not condone domestic violence. We entered into the agreement with Greg fully understanding that there would be scrutiny and criticism. We have given Greg a second chance. He is a member of our team and someone who is grateful for the opportunity he has been given to move forward with his life and his career," Jerry Jones wrote in a public statement through his public relationships representative.

Hardy, whose Twitter handle is @OverlordKraken also expressed his feelings over playing NFL football.

Hardy’s tweets have done little to change the minds of those who believe he should not be allowed to play another down of football.

"No woman should be abused the way she was," said Debra Nixon Bowles, a local advocate for victims of domestic violence. "Those pictures were horrific. I was in tears when I saw that."

Bowles says she she’s disappointed in the Cowboys for not taking any action after the pictures were published and plans to join others outside AT&T Stadium Sunday in protest of Hardy.

"Mr. Jones, what if it was your daughter?" said Bowles. "Those beatings she took were unacceptable."

NBC 5's Tim Ciesco contributed to this report. 



Photo Credit: AP
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Apple Defeats Class Action Lawsuit

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Apple Inc. defeated a U.S. class action lawsuit brought by Apple retail workers over bag search practices at the company's California brick and mortar outlets, according to a court ruling on Saturday. 

The decision, from U.S. District Judge William Alsup in San Francisco, came in a case where employees sued to be reimbursed for the time taken by Apple to search their bags to ensure they did not steal any merchandise, NBC News reported.

At least two Apple retail store workers complained directly to Chief Executive Tim Cook that the technology company's policy of checking retail employees' bags as a security precaution was embarrassing and demeaning, according to court filings made public earlier in the case.

Lee Shalov, an attorney representing the plaintiffs, said they are disappointed by the ruling and intend to explore all options, including a possible appeal.

An Apple spokeswoman declined to comment.



Photo Credit: File--AFP/Getty Images

1 Dead, 2 in Custody After Hotel Standoff in Pennsylvania

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A suspect in a North Carolina homicide is dead while his alleged accomplice is in custody after investigators say an arrest warrant for a hitchhiker they picked up led to a barricade situation at a hotel in Bensalem Township in Pennsylvania.

Bensalem Police were patrolling the area of the Knights Inn on the 2700 block of Old Lincoln Highway around 2:30 p.m. Saturday when they discovered James Miller, who had an active Pennsylvania arrest warrant for a parole violation, was inside one of the hotel rooms. Unbeknownst to police at the time, Lloyd Franklin, 34, and Jennifer Lanning, 38, were also inside the room with Miller, according to officials.

Franklin and Lanning were suspects in the murder of an elderly couple in North Carolina during a robbery Thursday. Investigators believe Miller was a hitchhiker who Franklin and Lanning picked up.

When officers arrived at the door, one of the suspects inside allegedly pulled out a gun and opened fire. The officers fled the scene, contacted the Bucks County South SWAT team and a barricade situation was declared.

The SWAT team was eventually able to enter the room around 5 p.m. Once inside they found Franklin's body. Police said he died from an apparent self-inflicted gunshot wound to the head. Police then took Lanning and Miller into custody.

"The danger to the community is over," said Fred Harran, Bensalem's Director of Public Safety. "We have two people that [North Carolina] was looking for for homicide. One will go to jail and one will go to the grave. So the threat to the community from these two undesirables is now over."

Police are investigating the incident and are cooperating with authorities in North Carolina. Lanning will be arraigned and sent to the Bucks County Correctional Facility.


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No Charges in Stun Gun Border Death

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The Justice Department will not bring criminal charges in the death of a man from Mexico who was shocked by U.S. border authorities with a stun gun five years ago, federal officials announced Friday in closing their investigation.

The 2010 death of 42-year-old Anastasio Hernandez-Rojas raised complaints of excessive force from the then-president of Mexico and others, and investigators with the Justice Department examined the case for evidence of a civil rights violation.

Federal officials said their review didn't find enough evidence to support a criminal prosecution. They said they accepted the agents' contention that the force they used was reasonable and necessary to restrain Hernandez-Rojas when he was "noncompliant and physically assaultive."

Hernandez-Rojas' widow, Maria Puga, said she felt disillusioned by the ruling.

"After waiting five years for a decision from the government, this is the worst news to be given," she said. "The autopsies were clear that this was a homicide. I don't know why they are not going to do anything. My husband was killed by electric shocks and being beaten."

Puga told NBC7 the family will protest the decision Monday at the steps of the Federal building in downtown San Diego. 

The hardest part for her, she said, was just being without her husband.

"Raising my kids by myself without him," she said. "Trying to fill the gap that my husband left." 

Mexico's Foreign Relations Department said in a statement that it "deeply regrets and rejects with the greatest energy the decision announced today by the Justice Department."

The decision "contradicts the spirit of cooperation promoted by the governments of both our countries" and "will add to the perception that improper acts by law enforcement authorities will remain unpunished," the Foreign Relations Department said.

The altercation began as Hernandez-Rojas, who officials said had been caught coming into the U.S. illegally, was being returned to Tijuana, Mexico, through the busy San Ysidro border crossing.

The Justice Department said Hernandez-Rojas began fighting with the agents when his handcuffs were removed and struggled and kicked at them as they tried to restrain him. A Customs and Border Protection officer used a stun gun before the breathing of Hernandez-Rojas slowed and he became unresponsive, federal officials said.

He died a couple days later after being removed from life support.

Autopsies show that Hernandez-Rojas suffered a heart attack during the confrontation, with heart disease, electric shocks from the stun gun and methamphetamine intoxication all described as contributing factors, the Justice Department said.

Andrea Guerrero of Equality Alliance, which helped the family, said the case shows the need for reforms to address excessive force by Customs and Border Protection officers.

When a federal grand jury began investigating in 2012, 16 members of Congress had written then-Homeland Security Secretary Janet Napolitano to say Hernandez's death "may be emblematic of broader structural problems."

"We have a policing crisis in this country and CBP is at the front of it," Guerrero said. "The decision not to prosecute today fuels the impunity at the agency and does nothing to address the crisis that we're in."

It is extremely rare for U.S. border authorities to face criminal charges for deaths or injuries to migrants.

To bring a federal civil rights case, the Justice Department would have had to show federal officers intentionally deprived Hernandez-Rojas of his civil rights through using excessive force -- a challenging legal standard.

"Neither accident, mistake, fear, negligence nor bad judgment is sufficient to establish a federal criminal civil rights violation," the Justice Department said in a statement.

Hernandez-Rojas' family has brought a civil case against eight agents and four supervisors. The case alleges they violated Hernandez-Rojas' rights by beating him after he asked for help. They also allege his death deprived his children of their due process right to associate with their father.

A federal judge in San Diego ruled the case can go to trial. The defendants have said using force was justified because Hernandez-Rojas posed a threat to officers and they are appealing the judge's decision to send the case to trial.



Photo Credit: NBC 7

Head of All-Boys Academy Cleared on Some Charges

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A jury reached not guilty verdicts on several counts Friday against a man accused of molesting students at the Army and Navy Academy in Carlsbad, but deadlocked on more than one dozen other charges.

Jeffrey Barton, 57, was charged with a total of 28 counts in connection with the molestation accusations, including sodomy and lewd acts on a child. A jury found him not guilty of two count of sodomy of a minor by duress, one count of sodomy of an unconscious minor and one count of lewd act on a child.

The jury deadlocked on more than a dozen charges of oral copulation by force. Barton will have another hearing on Nov. 12.

Barton was first arrested on Oct. 17, 2013. At that time, investigators said at least six former students of the Army and Navy Academy had accused him of sexual molestation.

Carlsbad police began investigating Barton in June 2013 after an alleged victim, now an adult, reported sexual abuse. Investigators anticipated more victims would come forward in the case.

Barton was a longtime administrator of the Army and Navy Academy, working at the boarding school from 1995 to 2013. He served as Head of Schools.

In May 2014, another victim came forward accusing Barton of sexual molestation and the suspect was charged with seven new counts.

Prosecutors alleged Barton had given his victims drug-laced brownies to incapacitate them prior to the sexual molestations. Barton’s baked goods became known around campus, according to prosecutors.

Prosecutors said Barton’s victims spanned three separate decades, three separate boarding schools and seven separate school years. Besides the school in Carlsbad, Barton has also worked at schools in Tennessee and South Carolina.

Prosecutors said all of Barton’s accusers are now adults and were too ashamed to report the alleged crimes when they happened.

All of the alleged incidents took place in Barton’s private cottage at the Army and Navy Academy, in his car, in his office and on overnight trips.

Barton pleaded not guilty to all charges.

In May 2014, Barton’s attorney was confident the defendant would be found not guilty on all charges once the jury heard the evidence at trial.



Photo Credit: NBC 7 San Diego

'Noise' Heard in Final Second of Metrojet Flight

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Egyptian officials probing why a Russian charter jet crashed in the Sinai Peninsula are investigating a "noise" heard in the final second of the flight data recording, the head of the investigation committee said Saturday, NBC News reported.

"A spectrum analysis will be carried out to identity the nature of this noise," Ayman al-Muqaddam said during a news conference.

There has been no definitive cause as to what brought down the Metrojet Airbus A321 after it took off from Sharm al-Sheikh Airport on Oct. 31, although Western officials have said it's possible it was brought down by a bomb.

Al-Muqaddam noted that media reports, citing intelligence sources, favoring a "certain scenario" for the cause of the crash has not been provided to the committee.

"The committee urges the sources of such reports to provide it with all info that could help us to undertake its mission," he said. 


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Police: 3 Teens Charged in Alleged School Shooting Plots in Michigan

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Three Michigan teens have been arrested and charged over an alleged school-shooting plot, police said.

The Argentine Township Police department said that the force intercepted information on Oct. 28 about an alleged plan to carry out mass shootings at Linden High School and Linden Middle School, NBC News reported.

The information was forwarded to the FBI, who joined Argentine Township officers and Michigan State Police in launching an investigation and taking "immediate steps" to ensure public safety, the force added.

"As a result of the investigation, three suspects were identified and information was obtained concerned the related purchase of firearms and evidence of certain targets," the Argentine Township police department said in a statement.

That led to felony charges against 18-year-old Ryan Stevens and Lamar Dukes and Cody Brewer, both 15 and charged as adults.
 



Photo Credit: Getty Images/iStockphoto

Carlsbad Standoff Ends With Suspect in Custody

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A SWAT Standoff in Carlsbad has ended with the suspect in custody on charges of assault with a deadly weapon.

Carlsbad Police responded to a call of two roommates fighting around 1:20 p.m. at the 1300 block of Laurel Tree Lane in Carlsbad.

According to police the victim said his roommate, Louie Duran, 43, had sprayed him with pepper spray and threatened him with an assault rifle. 

 Neighboring apartments were evacuated and Carlsbad SWAT and the Crisis Negotiation Team were activated.

Around 6:30 p.m. Duran was taken into custody without injury.

Detectives recovered a loaded shotgun and a loaded assault rifle from the apartment.

The investigation is ongoing.




Photo Credit: NBC7

Walkout Planned as University of Missouri Protest Swells

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University of Missouri graduate students are calling for a walkout on Monday, NBC News reported.

Black student groups have been calling out university President Tim Wolfe’s handling of racism on campus. Protests have been brewing for months on the predominantly white campus, where minority students have complained of racial slurs and harassment.

The school’s graduate council is supporting the walkout. The history department said anyone taking part in the walkout will not be sanctioned.

A black graduate student also went on a hunger strike last week to draw awareness to the issue. The movement has drawn support from football players and their coach.

Wolfe, who drove away during a homecoming parade, said in a statement on Sunday that he was “dedicated to ongoing dialogue.”



Photo Credit: File--AP
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Rubio's Campaign Releases Credit Card Records

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Republican presidential candidate Marco Rubio's campaign on Saturday released nearly two years of credit card records from the time the senator from Florida served in the state House of Representatives. 

The disclosure comes after attacks from rival Donald Trump and others, who have questioned how Rubio used a state Republican party credit card while he was a legislator in his home state, NBC News reported.

"For years I've heard about Marco and his credit cards," Donald Trump said recently. "And I'll be honest with you, I think that he's got a problem there."

Rubio sometimes used the card for personal expenses and paid them directly to American Express, according to his campaign, but some of those charges have been previously unreported.

The records released were from 2005 and 2006.

"Marco is running for president, and he understands that voters have a right to know not only where he would take our country, but also where he came from and what's in his past," said top campaign aide Todd Harris. "He is not afraid of that scrutiny because he has nothing to hide."



Photo Credit: AP

Carson Plays Defense as Biographical Questions Pile Up

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Republican presidential candidate Dr. Ben Carson continued to defend his recollection of his past on NBC's "Meet the Press" amid mounting questions about biographical discrepancies.

Carson brushed off criticism over a piece in the Wall Street Journal which said that after dozens of interviews with classmates, nobody remembered his role in sheltering students during race riots at his high school.

"Why would they know about that, unless they were one of those students," Carson told NBC's Chris Jansing.

Carson said he was expecting to be vetted, but the kind of scrutiny he is experiencing is born out of the "secular progressive movement in this country," adding that he is a threat to that because he and his campaign are attracting "a great diversity of people and it worries them."


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Metrojet Investigators Push Back on Reports of Explosion

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Investigators probing the cause of last week's plane crash in the Sinai Peninsula pushed back Sunday on reports that they have detected the sound of an explosion at the end of the Russian jet's voice recordings, urging people not to jump conclusions, NBC News reported.

Ayman al-Muqaddam, the head of the investigation committee into the crash, said Saturday that investigators were working to identify a "noise" that was heard in the final second of the Airbus A321's data recording.

But Sunday Egypt's Ministry of Aviation pointed out that the 58 inspectors involved in the investigation — which includes officials from Russia, Ireland, Germany and France — signed a statement of findings that didn't include that the noise heard on the recorder sounded like an explosion.

"The committee is continuing to work transparently and is under nobody's supervision from Egypt or others and nobody can force it to have an opinion or a direction," the statement said, adding that the sound will need to undergo "wave length analysis" before its source is determined.



Photo Credit: EFE
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Fiorina: 'Anybody Can Write a Plan'

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Republican presidential candidate Carly Fiorina defended not having presented a detailed tax plan, saying that politicians put out comprehensive plans all the time for things that never end up happening.

 

“Show us what you’re gonna do. Why won’t you show us your work?” asked “Meet the Press” moderator Chuck Todd.

Instead, Fiorina offers an "Answers" page on her website, allowing visitors to submit questions on various issues, which she answers through her appearances on the campaign trail. She explained that her remarks to voters hold her more accountable than a written plan.

"Anybody can write a plan,” she said.

Suspects Grabbed Tierrasanta ATM Machine, Ditched It: PD

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San Diego Police have arrested one suspect and continue searching for a second after two men allegedly grabbed an ATM machine in Tierrasanta and put it on a truck.

The incident happened at 5:52 a.m. Sunday at the Chase Bank on the 10500 block of Tierrasanta Boulevard. 

Police said two suspect put the ATM machine on a flat bed truck and then fled by foot. They left behind the flat bed truck and one other vehicle. Police found the truck and ATM at 6:53 a.m. 

No further information was immediately available. 

Refresh this page for updates on this breaking news story. 



Photo Credit: NBC 7's Chuck Westerheide

Search for Suspects in Double Fatal Parking Lot Shooting

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Officials are seeking the public's help in identifying four suspects in a double fatal parking lot shooting in Colina Del Sol.  

The shooting happened at 12:18 a.m. on Sunday, Nov. 1 when three victims and another adult woman were driving through a parking lot. The car stopped next to a group of men standing near a light pole and suddenly, police said, a verbal confrontation of some sort occurred and one man walked up to the group and fired several shots. 

Deon Fontaine Peterson, 27, and Joseph Anthony Ponder, 26, both of Oceanside, were identified as two of the men in the car. They suffered fatal gunshot wounds to their upper bodies and were pronounced dead on scene.

Another woman, who has not yet been identified, was taken to Mercy Hospital, and her wounds were considered non-life threatening. A fourth person in the car was not injured. 

The suspects fled the scene before police arrived, but investigators are now asking for help in identifying four people based off detailed descriptions. 

The first suspect is described as a light-skinned male who is approximately 20-25 years old, 5 feet 7 inches tall and 165 to 175 pounds heavy with a mustache and small Afro. He was last seen wearing a blue Adidas jacket with white stripes on the sleeves and saggy gray jeans. 

The second suspect is described as a light-skinned woman who is approximately 20-25 years old, 5 feet 5 inches to 5 feet 7 inches tall and between 115 to 125 pounds. She had curly hair pulled into a bushy ponytail and was wearing a black Raiders jacket at the time. 

The third suspect is described as a light-skinned woman who is approximately 20 to 25 years old, 5 feet to 5 feet 3 inches tall and 140 to 150 pounds with black hair which was pulled into a bun that day. She was seen wearing a white v-neck long sleeve shirt and black sweat pants with an orange stripe. 

The fourth suspect was described as a dark-skinned man who was 20 to 25 years old, 5 feet 6 inches and 150 pounds. He was last seen wearing a burgundy baseball cap with a "Polo" logo on it and a white long sleeve shirt and light colored jeans. 

Anyone with information on this crime or the suspects is asked to call the SDPD Homicide Unit at (619) 531-2293 or the Crime Stoppers anonymous tip line at (888) 580-8477.



Photo Credit: NBC7

Lawyer: Man Fell, Not Jumped, Off Cruise Ship

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Hours after a passenger plunged into the ocean, Royal Caribbean released a statement alleging 35-year-old Bernardo Elbaz jumped off the Oasis of the Sea cruise ship intentionally. According to his family's lawyer, however, this is not the case.

"It was not a suicide," says Michael Winkleman, an attorney for the Elbaz family. "Bernardo did not jump."

Winkleman says it was anti-gay comments from crewmembers that led to the horrifying moment, captured on cellphone video, of the Brazilian dangling on the edge of the ship. 

According to Winkleman, staff aboard the ship made repeatedly made "anti-gay remarks" against the couple, including calling them "Hi, lipstick." Elbaz and his husband Eric were legally married a year ago in New York State.

The lawyer says Elbaz was at one of the ship's bars when another anti-gay comment was direct at him, leading to a "huge altercation." 

"He ended up in his cabin where he is furious and ultimately Royal Caribbean security comes on the scene," Winkleman says. "As a result of an altercation in his cabin, Bernardo ends up somehow falling off his balcony onto the life boat area."

It was at this point, Winkleman says, you can hear in the video captured by a fellow passenger, Elbaz's husband Eric screaming at the security guards while Elbaz hangs on for his life. 

Winkleman also told reporters that the family wants Elbaz found. 

"[The U.S. Coast Guard] did find a body matching the description of Bernardo that was spotted by an airplane but they were not able to recover the body."

Royal Caribbean issued a statement denying the allegation that crewmembers were involved in a physical alteration with Elbaz. 

"Our onboard security team responded to the guest's stateroom after a neighboring guest complained about a domestic dispute on the guest's balcony," the statement read. "Our staff did not have a physical altercation with the guest and were unable to prevent his jumping from the stateroom balcony." 

"Royal Caribbean is deeply saddened by this event.  We will continue to provide assistance to the family as well as law enforcement," the company added.

The Broward Sheriff's Office is investigating the accident.



Photo Credit: NBC 6

Heavy Metal Drummer, Dozens of People Die in Romanian Club Fire

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The drummer of a heavy metal band playing when a fire broke out at a nightclub has died, bringing the death toll from last week's tragedy to 45.

Bogdan Enache, drummer in the Goodbye to Gravity band that was playing in Colectiv on Oct. 30, died on Sunday evening, said the medical director of the state burns hospital, Cristian Nitescu.

Enache was being transported on a military plane to Zurich, Switzerland, on Sunday afternoon for treatment for his burns, when he went into cardiorespiratory failure, the Interior Ministry said. The plane headed back to Bucharest, while medics tried to resuscitate him for 70 minutes. He died after he landed in Romania.

Dozens of people injured in the blaze remain hospitalized with serious burns as authorities warn that the death toll could continue to rise. 



Photo Credit: AP

Girl, 9, Dies From Pit Bull Attack

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A 9-year-old girl died Sunday after a pit bull attacked her while she played with friends in a Long Island backyard, authorities said.

Nassau County police officers responded to a 911 call at a Holland Avenue house in Elmont at around 10:30 a.m. and found the dog attacking the girl. When one of the officers entered the yard from the house, the dog charged at the officer, who shot and killed the animal, said Detective Michael Bitsko.

The girl had been visiting the home and playing with two other girls and the dog at the time of the attack, Bitsko said. A woman inside the house rushed out and tried to pull the dog off the girl, but failed.

"It was a violent attack," he said. "They had to put the dog down."

The girl's identity hasn't been disclosed by police.

There had been no previous complaints to police about the dog, Bitsko said, adding that he didn't know why the dog attacked the girl.

The dog's owner, Carlyle Arnold, 29, lives in a second-floor apartment of the house. He was arrested on an unrelated charge of violating an order of protection and was being questioned about the attack.

4 Dead, 14 Hurt in MD Van Crash

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One child and three adults have died, and 14 more people were injured, after a pickup truck burst into flames and crashed into a church van in Hyattsville, Maryland.

The crash happened in the 2600 block of Chillum Road, Prince George's County Police reported. 

According to a witness, a pickup truck collided with another vehicle and burst into flames, then sped down the road on fire. The fiery truck smashed into a van full of people — trapping, injuring and killing passengers. The witness was not sure if the truck's gas tank exploded before or during the devastating collision.

Witnesses say people ran with fire extinguishers from their homes but could do little to put out tall flames that rose above the pickup truck before firefighters arrived and put out the blaze. Authorities said the fire was kept to the pickup truck, whose driver died along with two adults and a child in the van.

Three people were flown by helicopter from the scene, which was littered with debris from the wrecked vehicles.

In addition to those who died, six children were hurt, four critically, according to the Prince George's County Fire Department. Eight adults were hurt, four critically.

Fire Chief Marc Bashoor described the crash as "horrific" in a tweet.

Fire department spokesman Mark Brady in Maryland's Prince George's County called the crash scene and the numbers of victims, including children, one of the worst in his 40-year career. Brady said firefighters were among those debriefed by counselors afterward because of the magnitude of the crash - "so many people, so many injuries and fatalities.''

Brady said the adults in the van were mostly in their 20s and 30s and that the children ranged from 4 to 10 years old. He added that by late Sunday night authorities were not yet releasing the names or the identity of the church group and drivers involved while relatives were being notified.

Stay with News4 and NBCWashington for more on this developing story.

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