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“He Was Going to Stab Me”: Cop in Fatal Shooting

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A veteran officer with the San Diego Police Department (SDPD) who shot and killed an unarmed, mentally ill man told investigators he believed the suspect was armed with a knife and was going to stab him during their brief encounter in an alley behind a bookstore.

“He was going to stab me. There’s no doubt in my mind that he was going to stab me,” said SDPD Officer Neal Browder to investigators, referring to Fridoon Rashawn Nehad, the 42-year-old man he critically wounded on April 30, 2015, in San Diego’s Midway District.

For the first time in nearly eight months, San Diego County District Attorney Bonnie Dumanis released graphic surveillance video clips Tuesday morning of Browder’s shooting of Nehad.

The DA’s office also released a copy of a 15-page letter sent by Dumanis to SDPD Chief Shelley Zimmerman outlining the investigation into the officer-involved shooting. The letter – dated Nov. 9, 2015 – includes statements made by Browder to investigators, offering the first glimpse into what the officer was thinking in the moments leading up to the fatal shooting.

According to the report, Browder shot and killed Nehad 32 seconds after driving into an alley behind the Hi-Lite Adult Bookstore in the 3200 block of Hancock Street.

The officer told investigators he had responded to a report of a man, armed with a knife, threatening people in the area who had last been seen walking down the alley by the bookstore.

The DA’s letter says that as the information was dispatched to officers, Browder never heard any updated information that the suspect was not armed.

“To the contrary, the information being dispatched was the man was still armed with a knife,” the letter from Dumanis states.

As Browder arrived at the alley, he spotted a man fitting Nehad’s description and asked a dispatcher to confirm the suspect’s clothing.

At that point, Browder told investigators he believed Nehad was approximately 25 to 30 feet away from his patrol car. The officer said the suspect was “walking at a fast pace right toward his car,” according to the report.

“I see something in his hand and that’s what I keyed on and it looked like it was a metal object,” Browder said. “I could see the reflection off the light. And the first thing in my mind is, ‘He’s armed with a knife.’ I mean, that’s the first thought that was coming through my mind…he’s still armed with a knife. And the next thing is like, ‘Why isn’t he stopping?’”

Browder told investigators it appeared as if Nehad was carrying the object in his left hand, at an angle, and he could see the point of it.

“It was just like how you’d hold a knife if you were holding it by the handle,” the SDPD officer recounted. “I saw probably about three to four inches of this object sticking out of his left hand. It appeared to be metal to me. I’m thinking it was a knife. And the thing is that he kept coming up…aggressive…on the driver’s side of the car.”

“I swear, I thought he was going to stab me,” Browder added.

With seconds to react, Browder pulled out his service weapon – a .45 caliber Glock, Model 21, semi-automatic pistol – and fired at Nehad. The officer told investigators Nehad was about 10 to 15 feet away from him when he fired the fatal shot. Investigators determined the distance between the pair was approximately 17 feet.

Browder, a 27-year veteran police officer, told investigators he didn’t recall issuing any sort of commands to Nehad.

When asked if he considered using other force options on the suspect before discharging his gun, Browder had this to say: “It happened that quick. I dind’t have a chance to use any other force options.”

As stated in the report, Browder told investigators it appeared the suspect “was focused on him” and was holding the object Browder thought was a knife “at his side and was not dropping it.”

The veteran cop told investigators that usually, when an officer arrives at a scene, the suspect will stop and wait for directions. What struck Browder about Nehad was that he allegedly did not stop and kept walking toward him.

“That caused Browder great concern for his safety and he believed Nehad was going to stab him,” Dumanis’ letter states.

Investigators asked Browder about this training and experience with knives and edged weapons, specifically how quickly a person who was 10 to 15 feet away could injure or kill him.

Browder went on to explain something he knew as the “21-foot rule.”

“When I first came on we would always use the 21-foot rule. If they’re within 21 feet they can be on top of you and stabbing you before you react to that,” he explained. “But now I think they’re trying to extend that distance out even further because I think there is documentation now that someone armed with a knife can literally run up on someone before you’re able to react to that, or already being stabbed.”

In the end, the shiny object being carried by Nehad turned out to be a metallic pen, not a knife.

Dumanis’ release Tuesday of the graphic surveillance video of the shooting was made public six days after a federal judge ruled it would no longer be under a protective order.

Originally, investigators had not planned to release the video, pending the investigation. Dumanis, Zimmerman and an attorney for Browder argued against releasing the video, but U.S. District Court Judge William Q. Hayes ruled officials could not block the video's release.

Dumanis said she opted to release the clips at a news conference Tuesday because she wanted to put the videos in perspective so the public could gain a better understanding of how the incident transpired.

Among the videos released by Dumanis, one clip was recorded on a body camera worn by an officer. The video shows the moments after the shooting, when Browder attempted to tend to the wounded suspect.

The DA's office has decided Browder will not face criminal charges in the deadly shooting.

Meanwhile, Nehad’s family has filed a $20 million claim against the City of San Diego in connection with the killing of their loved one. Nehad suffered from a long struggle with Post-Traumatic Stress Disorder and was diagnosed with schizophrenia and bipolar disorder.

The FBI and U.S. Department of Justice have also launched an investigation into the shooting.



Photo Credit: NBC 7 San Diego

Emanuel Lands on List of 'The Worst People of 2015'

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Mayor Rahm Emanuel landed on a list of people that includes Kentucky county clerk Kim Davis, comedian Bill Cosby, ex-Subway pitchman Jared Fogle and suspended FIFA president Sepp Blatter.

GQ Magazine released its heavily editorialized list of “The Worst People of 2015,” explaining that it includes individuals who have “a special kind of charisma—it’s like reverse charisma, or anti-charisma. Charis-meh.”

“They are the biggest nothing-doers in the world this year, and this is their reward,” the publication said.

Emanuel, the only mayor on the list, landed at number 26. The publication referenced the city's release of the Laquan McDonald video, alleging that the mayor permitted its surpression during his reelection.

The publication also said Emanuel "probably has a secret room filled with carved figurines of all his rivals, and he spends all night moving them around on a marble chessboard and cackling maniacally."

Emanuel has faced mounting criticism over the handling of the McDonald case. The mayor's office has yet to respond to NBC Chicago's request for comment about the list. However, Emanuel publicly apologized for the police shooting death of the 17-year-old in a special address to Chicago's City Council on Dec. 9.

Other notable entrees on the list include Floyd Mayweather Jr., Meghan Trainor and “Every Cleveland Cavalier Not Named LeBron James.”

Semi Hits Guardrail, Spills Fuel

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A semi-tractor struck a guardrail on a La Mesa freeway Tuesday morning, leading to a fuel spill on the roadway and a traffic alert amid the rainy commute.

California Highway Patrol (CHP) officials said the collision happened around 7:20 a.m. on westbound Interstate 8 at the transition ramp to southbound State Route 125. After the semi-tractor hit the guardrail, the vehicle came to a halt, blocking parts of the two left lanes on the freeway.

At around 8:10 a.m., CHP officials issued a SigAlert, shutting down traffic in the area until crews could clear the crash. Traffic was slow from El Cajon Boulvard to the crash site. The road would remain blocked until further notice.

The San Diego Fire-Rescue Department (SDFD) said the crash caused the semi-tractor to leak fuel, and a Hazardous Materials (HAZMAT) crew was called to help with the clean-up.

No injuries were reported.

Get traffic updates here.
 



Photo Credit: NBC 7 San Diego

Woman Killed on Vegas Strip Was Loving Mom of 3

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The woman killed on the Las Vegas Strip when a driver crashed into pedestrians was recalled by family and her pastor as a loving mother of three daughters and "faithful" new member of a Bible study group.

Jessica Valenzuela, 32, was killed when a car crashed into a crowd, injuring more than 30 others, authorities said. Authorities believe the car's driver, Lakeisha Holloway, 24, intentionally plowed into pedestrians, but said they did not know specifics on her motive. Holloway had her 3-year-old daughter with her at the time.

"There are absolutely no words to express how devastating and shocking this loss is. She will be missed dearly, and that couldn't be more of an understatement," Valenzuela's brother, Bryan Roessler, wrote on Facebook.

Holloway was charged Tuesday with one count of murder with use of a deadly weapon as well as child abuse and leaving the scene of an accident. She is next scheduled to appear in court on Dec. 23. Clark County District Attorney Steve Wolfson said they plan to file more charges. 



Photo Credit: via gofundme.com

Escondido Police Seek Witnesses to Fight, Stabbing

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Police want to talk to anyone who witnessed a large fight and stabbing in Escondido that left one man with potentially deadly injuries.

Just before 1 a.m. Sunday, a fight broke out near Bear Valley Parkway and Canyon Drive. Those who called 911 reported seeing various weapons involved in the scuffle. However, no guns were spotted.

During the altercation, a 20-year-old man was stabbed at least one time and suffered other injuries, police say. He was taken to Palomar Medical Center for life-threatening wounds.

When multiple police officers arrived at the scene, dozens fled. Officers spoke to some witnesses, but they believe others may have vital information about who stabbed the victim.

If you witnessed the fight, call Detective Greg Gay at 760-839-4404 or email him at ggay@escondido.org about case #15-15347.
 

Winter Storm Brings Rain, High Surf to San Diego

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A coastal flood advisory was in effect in the low-lying areas of San Diego's coastline as a winter storm moved ashore Tuesday.

Rain showers were heavy at times through the night and into Wednesday morning.

There is a chance of snow – between .25” to .50” in our local mountains at the 6500-foot elevation, according to NBC 7's Whitney Southwick.

A high wind advisory was also in effect from 10 a.m. to 10 p.m. Tuesday with the strongest winds occurring along the coast in the afternoon or evening. Winds were expected to reach 15 to 20 mph with gusts up to 35 mph according to the National Weather Service.

Those winds surprised visitors to Oceanside.

"It's pretty gnarly. It's quite cold out there, especially on the end of the pier, it gets quite windy and freezing," said Encinitas resident Trever Seltzer.

Others looked at the palm trees battered by the strong winds with some trepidation.

"Yeah, they're huge," said Walter Berry, a tourist. "I'm afraid things are going to blow over."

Another concern was the high surf, which could reach the 7-foot level, and the King Tides expected over the next couple of days. Some residents placed sandbags on their properties early this morning in anticipation of the high waters.

The low-lying beaches that are most at risk for flooding include Imperial Beach, south Mission Beach, La Jolla Shores, Cardiff and Oceanside.

The rain caused a mess on local roads. The California Highway Patrol said as of 6 p.m., there were 324 collisions on county freeways Tuesday. On a normal, good weather day, there are about 140.

Winter storm warnings were posted in the Sierra Nevada where the forecast calls for 3 feet of snow on the highest peaks. Snow totals were expected to be around a foot near Lake Tahoe, according to Associated Press reports.

Group Working on PD Video Release Rules: DA

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San Diego County District Attorney Bonnie Dumanis revealed local law enforcement leaders have formed a “working group” to formulate new policies for the public release of body camera video and other video evidence.

The discussion was spurred when local news outlets went to court to obtain surveillance video of a fatal Midway District shooting by a San Diego Police officer. The judge granted the media's request to release the video, and the DA's office made the video public at a news conference Tuesday.

Dumanis said prosecutors are bound by the law to protect the integrity of investigations, which she said generally prohibits them from releasing any evidence.

“But I also realize that times have changed,” she told reporters. “We live in a world where all kinds of video evidence is becoming more prevalent and it’s being shared in ways that go viral in minutes. We clearly need to re-evaluate when and how this kind of video is responsibly released.”

Dumanis said it’s an important and very timely issue because by the end of 2016, almost all law enforcement officers in San Diego County will be wearing body cameras. In response, the district attorney said San Diego County Sheriff Bill Gore, U.S. Attorney Laura Duffy and the DA’s office have already organized a working group to “update the protocol” covering the release of body camera footage and other videos. That group will include representatives from all local law enforcement agencies.

Dumanis said the members will discuss how to best release that video “in a timely manner” during an investigation.

She said there will be situations in which police and third-party videos will not be released, especially if, in the group’s judgment, it would prejudice an investigation or a potential criminal case.

“However, we also recognize that video evidence can aid the public in understanding why and how an officer-involved shooting occurred,” Dumanis said. “There must be an appropriate balance, and we would ask the community’s patience as we continue to work through these very difficult issues.”

On April 30, SDPD Officer Neal Browder fatally shot Fridoon Rawshan Nehad, 42, outside an adult bookstore in the Midway District. Browder did not have his body camera on, so investigators relied on surveillance video captured nearby to examine what happened.

The DA declined to file any criminal charges against Browder in Nehad's death.
 

Top Investigations That Caused Change in 2015

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This year, NBC 7 Investigates' team brought to light attorneys who preyed on immigrants, a charity founder who took advantage of children with cancer, the misuse of handicap placards and much more. Here, we highlight the 2015 investigations that brought about change in San Diego.
 

Professor Leaves SDSU After Sexually Harrassing Students

In this series, NBC 7 Investigates exposed a college Spanish professor with a history of sexual harassment at San Diego State University. The investigation revealed that despite the university having knowledge and coming to the conclusion Vincent Martin violated the state education code, he was still teaching and consulting students. The seven-month investigation led to open records law fights in California and Delaware. The team's persistence led to the release of documents detailing Martin had a similar past with students while teaching at the University of Delaware. This investigation is a great example of tried and true reporting techniques: The team used the California Public Records Act to uncover the extent of the professor's behavior which included Martin suggesting a student wear a “French maid outfit.” An extensive background check into Martin’s past led the team to a former coworker who said Martin benefited from a cover-up of similar unprofessional activity at UD and was allowed to leave quietly. SDSU refused to discuss Martin’s case or release documents related to his discipline. NBC 7 Investigates appealed the decision to remain silent and won. Through the Delaware Freedom of Information Act, the team requested similar information, and those requests were denied. NBC 7 Investigates' work to attempt to obtain this information was highlighted by news organizations in Delaware and is being used as an example for greater transparency.


San Onofre – A Nuclear Problem?

As regulators debate over what to do with decommissioned nuclear material inside the San Onofre Nuclear Generating Station, the NBC 7 Investigates team uncovered a history of “sloppy” handling dating back to the 1980s. The story began with a federal Freedom of Information Act request and developed into a series uncovering how the utility companies managing the nuclear plant disregarded compliance guidelines and were meeting in private with the federal government in order to be let out of their lease of the property years before it is set to expire. NBC 7 Investigates had to develop relationships with sources involved with these meetings in order to get a glimpse inside the negotiations and have a clear understanding of what will happen next with the property. The team also had to navigate the FOIA and fight for access to public documents to expose never-before-seen details about what type of impact the plant and nuclear material inside was having on the environment. After the first story aired, one of the utility companies went into damage control, trying to fight the facts in the story. By doing so, it led NBC 7 Investigates to the next story, in which the team was able to highlight the lies and attempted cover-up techniques the company used to create an incomplete glowing review of the condition of the property, and essentially lie to the U.S. Navy and federal government.
 

WishWarriors CEO Gets Jail for Stealing From Children

It started with NBC 7 Investigates hearing concerns from a local family with a daughter battling cancer, but this investigation quickly developed into a story of fraud resulting in a criminal conviction for the CEO of a San Diego cancer charity. WishWarriors, and particularly CEO Brianna King, promised families with children battling cancer financial support for allowing the charity to highlight them in advertisements. Months after these promises and after the families participated in time-consuming fundraisers, none of the families had received a penny. As reporters and producers looked into King’s past, a long criminal history was uncovered, including active warrants for her arrest in several counties. Immediately after airing, the stories created impact. King was arrested in connection with one of the active warrants. The charity was forced to look into their financial situation and found all of the money raised was gone. The San Diego District Attorney began investigating, and King was charged with embezzlement and grand theft. Communities rallied behind the families impacted, raising money to help pay for medical costs. The charity has ceased all operations, and in December, King was sentenced to a year in jail for grand theft.
 

Handicap Placards: Undercover Investigation

Our cameras caught city and state employees illegally using handicap placards for months in order to obtain better parking spots. After our story aired, the San Diego City Council approved a new law increasing the penalty for people caught abusing handicap placards. The new fine is $740, up from $452.50. The city council also approved another ordinance cracking down on handicap placard abuse. This new law classifies placard abuse as a parking violation, instead of a criminal misdemeanor. Doing so will allow parking enforcement officers, not just police, to issue citations for placard misuse.


Airport IDs Missing

From March 2013 to March 2015, 276 ID badges from Lindbergh Field employees or contractors were reported missing, NBC 7 Investigates found. More than 20 of those ID badges were missing for six days or more before they were reported. In one case, eight months went by. Our NBC station in Dallas found that thousands of IDs were missing at airports nationwide. After the investigative stories aired, new security badges were issued at airports across the nation, including Lindbergh Field. Also, in December, The U.S. Senate Commerce Committee approved legislation aimed at tightening screening for airport workers.
 

Changes to Juvenile Hall After Teen’s Suicide

In September 2013, Rosemary Summers, 16, was serving time in the Kearny Mesa juvenile hall facility when she committed suicide by hanging herself. In a lawsuit against the county, the family alleges County of San Diego’s Probation Department employees, who work in the facility, made some very serious errors. NBC 7 Investigates revealed data from the state corrections agency that shows suicide attempts by juveniles inside San Diego County detention facilities have increased each year since 2011. The California Board of State and Community Corrections reports there were eight suicide attempts at San Diego County juvenile hall facilities in 2011. That number went up to 11 in 2012 and then more than doubled to 25 attempts in 2013. After our story aired, San Diego County agreed to pay Rosemary’s family $1 million and is making changes to help prevent future deaths. The changes already made include cutting the doors to the juveniles rooms in half so that unless they are changing (or there is an instance where privacy is needed), the top half of the door will remain open; removing the large door hinge which caused the doors to shut automatically; and covering up vents in the rooms.
 

Immigration Attorney Fails to Fulfill Duties

According to the State Bar of California, a San Diego immigration attorney failed to perform important legal work for his clients and put them at immediate risk of deportation. Christopher Macaraeg is accused of repeatedly missing court deadlines, prompting judges to dismiss his clients' cases. According to the charges, Macaraeg also failed to inform clients about those dismissals, disobeying court orders and practicing law without a license after the state bar suspended his license for 60 days in December 2014. The Notice of Disciplinary Charges was filed three weeks after NBC 7 Investigates revealed several of Macaraeg’s former clients sued him in small claims court for mishandling their immigration cases. The San Diego County Bar Association also said our stories helped educate the public on how to find qualified immigration attorneys.
 

Searching for San Diegans

This year alone in the city of San Diego, nearly 1,000 adults have been reported missing. NBC 7 Investigates launched “Searching for San Diegans,” a searchable database online where you can see who is missing and learn details about each person. The database updates weekly. After we aired our story and launched the database, the number of possible sightings and tips increased.  Robin Burton has been searching for her mom who went missing from San Diego in 1998. She wrote NBC 7 Investigates stating there was an increase of tips on her mother’s possible whereabouts. “All of this is because you aired my mom's story. I'm praying for a miracle," she said.
 

Woman Poses as Attorney to Take Advantage of Immigrants: Family

NBC 7 Investigates revealed a South Bay woman’s alleged plan to pose as an immigration attorney in order to take advantage of undocumented immigrants. A.J. Aguirre first told NBC 7 Investigates about her interactions with Micallela Aguilera in February. Aguirre said Aguilera approached her family at church and offered her legal help. The family gave her $3,000 but later discovered that their so-called attorney had filed no paperwork with immigration officials.  Aguilera was arrested in April on fraud charges, and she has been convicted on similar charges in Tulare and Orange Counties, according to a National City Police fraud detective.
 

Romano’s Jewelers Closes Shop After Investigation

After hearing complaints from a local service member’s mother, NBC 7 Investigates began digging into the payments made to Romano’s Jewelers by Marine Jacob Helmuth, who was not told a gift for his mother, on which he was making payments, would come with a 29.9 percent interest rate. Though the investigation began in late 2014, NBC 7 Investigates followed the story through 2015 as a Romano’s employee, district manager and owner were charged with conspiracy and identity theft charges. Romano’s eventually closed down several Southern California locations after filing for Chapter 7 bankruptcy.
 

Underground World of Unlicensed Security Guards

An NBC 7 investigation in February uncovered an “underground industry” of unlicensed, untrained security guards and bounders in San Diego County. According to one expert’s estimates, about 70 percent of security officers are not licensed properly. However, in California, nearly everyone working in the security industry must be licensed. NBC 7 Investigates’ reporting inspired state legislation, authored by Assemblyman Jim Coo0per (D-Elk Grove), that would have expanded the definition of a security guard to encompass anyone who wears a security uniform or performs security functions as their main duty. The bill, which earned unanimous support in the State Senate and Assembly, was vetoed by Gov. Jerry Brown. He said he was concerned the bill would create barriers to enter the industry.


Police Oversight Board Needs Reform: Former Members

Two former members of the Citizens’ Review Board on Police Practices told NBC 7 Investigates that the group is hamstrung by politics at City Hall while officer misconduct goes unpunished and unreported. The women say the board has a “fixed” and ineffective review process. However, city and police officials argue that the systems in place keep the review board fair. After NBC 7 Investigates’ story aired, San Diego City Councilman Todd Gloria said the Citizens’ Review Board needs reform and more transparency. He hopes the city council will work with the SDPD and the public to recommend changes to the board, and then put those changes on the ballot in 2016.



Photo Credit: Getty Images

Clinton Camp Refuses to Respond to Trump's 'Degrading Language'

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Hillary Clinton's top communications aide said on Tuesday that the campaign won't be responding to Donald Trump's  remarks that Clinton "got schlonged" in her 2008 bid for presidency. 

The aide, Jennifer Palmieri, went on to suggest in a tweet that while they wouldn't be commenting that "everyone who understands the humiliations this degrading language inflicts on all women should." 

The response was the first from the campaign since Trump used the vulgarity Monday night during a rally in Grand Rapids, Michigan.

"Even her race to Obama, she was gonna beat Obama," Trump said Monday night. "I don't know who would be worse, I don't know. How does it get worse? But she was gonna beat — she was favored to win — and she got schlonged. She lost."



Photo Credit: Charlie Neibergall

'It's a Bad Shooting and the DA Knows It': Family's Attorney

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Surveillance video of a San Diego Police Officer shooting an unarmed man with a history of mental illness shows the killing was unprovoked, a family attorney said Tuesday.

“It’s a bad shooting and the DA knows it,” attorney Skip Miller told NBC 7 hours after the video was released to the public in an unprecedented news conference held by San Diego County District Attorney Bonnie Dumanis.

“The brights shine on him. He stops and he’s shot dead,” Miller said describing the 32 seconds between the arrival of an SDPD patrol car and the moment a single gunshot was fired, striking Fridoon Rawshan Nehad in the chest.

Nehad, 42, came to the U.S. from Afghanistan 25 years ago with his family. Nehad was bipolar and suffered PTSD from when he was kidnapped in the wars in Afghanistan, Miller told NBC 7.

He said the family had tried to get Nehad help but that he often struggled with manic episodes. Nehad would often walk around San Diego for hours, according to Miller. The attorney said that's what he was doing on the night of April 30 when he was confronted by SDPD Officer Neal Browder.

An employee of a nearby business had called police reporting that Nehad was threatening people with a knife. After the shooting, however, it was discovered that he was carrying only a pen.

On Tuesday, Dumanis, whose office found the shooting justified, released a surveillance video that captured the deadly shooting. Dumanis, along with San Diego Police Chief Shelley Zimmerman and the police union had argued the video should not be released to the public.

A week earlier, a federal judge ruled the video would no longer be under a protective order. That ruling takes effect Wednesday at midnight, Miller said.

“She jumped the gun to try to get her spin out there in advance,” Miller said about Dumanis. “She’s so anxious to justify her decision, she held another press conference, violated a court order.”

Dumanis explained to reporters that the judge’s protective order referred only to the parties of a complaint filed by Nehad’s family.

As to why she did not agree to earlier requests made by NBC 7 and other media outlets for the surveillance video captured by a nearby business, Dumanis said she wanted to protect the integrity of the investigation.

"We had a legal duty not to do anything that could prejudice a jury in a criminal trial," Dumanis said.

The video shows Nehad walking toward Officer Browder's patrol car when Browder fired his weapon. A report released from the DA's office Tuesday said the distance between the two men was 17 feet. Miller disputes that, saying Nehad was 25 feet from the police officer.

The video also shows the police lights were not activated on Browder's patrol car.

"This really requires federal intervention," Miller said. "Somebody needs to shine the light on what’s going on in San Diego."

He released a letter the family sent to DOJ officials requesting a federal investigation. Read the full statement here.

The FBI and the U.S. Department of Justice have opened an investigation into the shooting.

SDPD Chief Shelley Zimmerman said the department's internal affairs review was ongoing. She also said the citizens' review board would likely take a look at the shooting as well.



Photo Credit: NBC 7

Suspect Moved Woman's Body in Suitcase: DA

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A sex offender accused of killing a woman at a downtown San Diego hotel took steps to conceal the body, including purchasing a suitcase to apparently move the woman’s body into a community shower area, a prosecutor said Tuesday.

A deputy district attorney outlined grisly details in the mysterious killing of a 26-year-old woman visiting San Diego from Wisconsin. The prosecutor said the suspect had also been a guest at the hotel and had just met the victim.

Deputy DA Melissa Vasel laid out the details in requesting $5 million bail for Jason Bradwell Lewis. A San Diego County judge at the arraignment ordered Lewis be held without bail, as he has a history of violent crimes.

Vasel said the circumstances of the killing started out like this: Rust and her boyfriend checked in to the 500 West Hotel and Hostel on Dec. 12, but her boyfriend was soon arrested on a domestic violence charge.

Just after midnight on Dec. 13, the victim’s mom called San Diego police from Wisconsin, saying her daughter had called that night, stating she was being attacked by a man named “Jason,” Vasel said. The mother could overhear a struggle in the background.

Officers performed a welfare check, but could not find Rust.

Then, just after midnight two days later, officers received a report of a woman’s lifeless body in the hotel’s common shower area on the second floor, Vasel said.

Investigators determined she had died from strangulation, blunt force trauma or a combination of the two, Vasel said.

They also found Rust’s boyfriend’s phone and a bloody mattress pad near the body.

Officers said evidence led them to zero in on Lewis: witnesses said they saw Lewis and Rust together the night of the 12th at a 7-Eleven, the last time Rust was seen alive.

After searching Lewis’ room, officers found a bloody mattress and a bloody suitcase. Later, investigators tracked down surveillance video taken on Dec. 14 at a store of Lewis purchasing a suitcase, Vasel said.

Asked whether investigators believe Lewis used the suitcase to move the woman’s body to the shower area, the deputy district attorney said: “That’s what it would appear.”

Lewis is a registered sex offender with a criminal history that includes sexual battery, burglary, grand theft and felony domestic violence.

He has been charged with first-degree murder in the killing and, if convicted, faces 56 years to life in prison.



Photo Credit: NBC 7

GRAPHIC: DA Shows Fatal SDPD Shooting Video

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Surveillance video capturing a fatal shooting in which a veteran San Diego police officer shot and killed an unarmed, mentally ill man was made public Tuesday, six days after a federal judge ruled it would no longer be under a protective order.

Fridoon Rawshan Nehad, 42, was shot and killed April 30 in a confrontation with San Diego Police Department Officer Neal Browder in San Diego's Midway District. The officer-involved shooting was captured on surveillance video from a nearby business but investigators would not release it to the public while an investigation was underway.

Browder will not face criminal charges in the incident. Nehad's family filed a multimillion-dollar claim against the city of San Diego. The FBI and the U.S. Department of Justice have launched an investigation into the shooting.

District Attorney Bonnie Dumanis, SDPD Chief Shelley Zimmerman and an attorney for Browder argued against releasing the video. Just last week, U.S. District Court Judge William Q. Hayes ruled officials could not block the video's release.

Dumanis on Tuesday released surveillance video showing the moment Browder shot Nehad, along with body camera video from another officer, additional store surveillance footage, enhanced video of Nehad, still frames and a transcript of the dispatch officer communication from before, during and after the shooting.

The unprecedented move by the DA's office was to put the surveillance video in perspective, Dumanis said.

"Viewing the video alone provides an incomplete picture of what happened that night," said Dumanis. "The community should have the ability to weigh the video along with other evidence that provides a complete picture."

Browder, a 27-year veteran police officer, was the first to respond to a 911 call from a business in the Midway area reporting a man with a knife. The shiny object Nehad was holding turned out to be a metallic pen.

According to Dumanis, Browder told investigators he had no doubt Nehad was going to stab him.

His interview is part of the report released by the DA's office.

Browder fired one shot at Nehad, striking him in the chest. Nehad was approximately 17 feet away from the officer. Dumanis stopped one video clip to show movement in Nehad's feet, which she said suggested he was going to continue moving toward the officer when he was struck.

SDPD body cam shows officers attempting to help the wounded Nehad. He was later pronounced dead at a nearby hospital.

Dumanis explained Tuesday why her office did not agree to earlier requests made by NBC 7 and other media outlets to release the surveillance video.

"We had a legal duty not to do anything that could prejudice a jury in a criminal trial," Dumanis said.

All evidence from the SDPD and the DA’s office investigation was turned over to the FBI and U.S. Department of Justice, the DA said.

U.S. Attorney Laura Duffy said her office is reviewing the circumstances surrounding the shooting. Duffy said there would be no further comment until the review is finished.

Among the videos shared at the Tuesday news conference was a store surveillance video clip capturing Nehad prior to the shooting. Dumanis said Nehad can be seen hiding the sheath of a knife in some sandbags stacked behind a business.

As for the pen held by Nehad, Dumanis showed surveillance video where Nehad is seen walking on the street prior to the shooting. He appeared to be spinning a shiny object in his hand. The DA then held up several knives, comparing them to the size and shape of the pen found on Nehad.

An attorney hired by Nehad's family said the video shows the shooting was unprovoked. He criticized the decision to release the video saying the DA must be worried about her decision not to charge Browder.

"This really requires federal intervention. Somebody needs to shine the light on what’s going on in San Diego," said attorney Skip Miller.

Read the family's full statement here.

Chief Zimmerman called the shooting a tragedy for both the Nehad family and Officer Browder. In a prepared statement, the chief said she understood the judge's decision to release the video and would respect the ruling.

An internal affairs review was still ongoing and a citizens review board would likely look at the incident as well, she said.

Zimmerman said she will work with other law enforcement leaders to develop a protocol for how to handle the release of future video-taped incidents. Read the chief's full statement here.

The district attorney said there needs to be a balancing act for video that can help the public understand what happened in an officer-involved shooting and the rights of those involved.

“We clearly need to reevaluate when and how this kind of video is responsibly released,” Dumanis said.

The San Diego Police Officers Association issued a statement regarding the video's release which said, in part, "video cannot always show the full story, nor does it capture an entire scene."

"The SDPOA has continued concerns regarding the release of evidence in ongoing investigations, as it may jeopardize the rights of both officers and citizens now and in future cases," the union leadership said in a written release.

Nehad had a long struggle with PTSD and was diagnosed with schizophrenia and bipolar disorder. Toxicology test results showed no medications in his system however he had consumed marijuana before his death, officials said.

Family members called police several times in the year before his death, reporting to police that Nehad was suffering manic episodes. His mother and sister say they feared for their safety. The DA's report lists a number of interactions with police ranging from shoplifting and drug-related arrests to committment to local mental health facilities.

An employee of the Hi-Lite Bookstore confronted Nehad on April 30, telling him he could not sleep behind the business. When he called police, the employee said Nehad was carrying a kitchen knife and had threatened him with it, according to the DA's report.

Another witness told investigators that Nehad had attempted to enter a nearby business but was refused. At that point, Nehad pulled a knife out of his pocket and showed it to the witness. This interaction was captured on store surveillance video.

The manager of the Hi-Lite Bookstore told NBC 7 the employee no longer works there. She said her business has suffered since the shooting.

Refresh this page for updates on this breaking news story. 

Woman, NYC Cop Among U.S. Troops Killed in Afghanistan

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Not long after the U.S. military repealed its "don't ask, don't tell" policy, Air Force Major Adrianna Vorderbruggen married her longtime partner, becoming one of the first American service members to be wed in a same-sex ceremony.

On Monday, nearly five years to the day after the repeal was signed into law, the trailblazing officer was killed along with five other Air Force service members in a suicide bombing in Afghanistan, NBC News reported.

Vorderbruggen was the first openly gay American female officer killed in combat.

Family members confirmed the identities of the others: a reservist on leave from his job as a New York City police detective, an officer whose parents own a Washington, D.C., restaurant, a former high school football star from Georgia, a young father who dreamed as a boy of enlisting, and a married man from the Rio Grande Valley in Texas.

Vorderbruggen was the third female member of the Air Force to die in Afghanistan, following two killed in helicopter accidents in October.

Vorderbruggen and the other victims were part of a convoy of Western and Afghan troops on a routine security detail Monday outside Bagram Airfield, north of Kabul, when a man drove up on a motorcycle and detonated a suicide vest, officials said.



Photo Credit: via Military Partners and Families Coalition

Suspect Tries to Expose Women's Underwear: PD

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A suspect is sneaking up to women and trying to pull down their pants or lift up their skirts in San Diego’s South Bay area, the San Diego Police Department (SDPD) said Tuesday.

According to the police department, detectives are investigating four batteries that occurred after nightfall between Dec. 13 and Dec. 20 near Del Sol and Picador boulevards.

Each case, police say, shares similarities. In all four incidents, a female victim was approached from behind and battered while walking on the sidewalk in front of a business.

"[The suspect is] walking behind the women and either pulling their pants down or skirts or dresses up," said SDPD Lt. Ernesto Servin. "We don't want it to lead to something else."

At least two of the attacks took place in front of a 7-Eleven store, and another was at a nearby Arco gas station.The fourth attack, police say, happened while a young woman was walking on the street.

Witness Aisling McGrath told NBC 7 she watched her elderly neighbor try to intervene when the suspect crept behind one of the victims.

"He saw the guy go next to her and try to pull down her pants and rob her and steal her groceries," said McGrath.

She said her neighbor tried to hit the suspect so he would stop bothering the woman.

"I'm not surprised because there's a lot of weirdos around here," said McGrath.

At this point, police say the only description of the suspect is that he’s a light-skinned man with a thin build who wore dark-colored clothing during the attacks. Detectives say there are no photos of the suspect available.

On Tuesday, the SDPD had extra patrols where the incidents happened to prevent further attacks.

"We don't know what he's capable of," said Servin. "We don't know if it may lead to something else." He is encouraging other potential victims to come forward and help identify the suspect. They believe he is acting alone.

The investigation is ongoing. Anyone with information should call Crime Stoppers at (888) 580-8477.
 



Photo Credit: Candice Nguyen

Wrong-Way Driver Had DUIs, No CA License: DMV

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The wrong-way driver who caused a fiery crash, killing him and a young La Jolla couple, had multiple DUIs on his record but did not have a California driver’s license, court records show.

David Michael Elmore, 29, died early Sunday after u-turning at the U.S.-Mexico border, speeding more than 100 miles per hour in the northbound lanes of southbound Interstate 5 and traveling 38 miles to Encinitas before crashing into the still unidentified couple.

The Department of Motor Vehicles confirmed Elmore never had a driver’s license in California, but because he continued to get into trouble, the DMV kept track of his wrongdoings.

According to court documents, Elmore was charged two times with a total of five felonies, including driving under the influence of alcohol and having a measurable blood alcohol level. The charges were felonies because he had three or more prior convictions in 10 years for DUI misdemeanors in Oregon and one in San Diego in 2012.

During one of those incidents, Elmore was driving more than 90 miles per hour, court records say. In another, he tested positive for THC in his system, and hash oil was found in his car.

Throughout his DUI history, Elmore had blood alcohol levels well above the legal limit. In one case, he got behind the wheel with a BAC of 0.22 – nearly three times over the legal limit, according to court documents.

Elmore also had two warrants for failing to appear in court. At one point, he was sentenced to one year in custody, but the sentence was suspended as long as he attended an alcohol prevention program.

At the time of the deadly crash, Elmore was on probation and was driving with a revoked license from another state. According to his Facebook page, he was a bartender for Seasons 52, although a judge specifically prohibited him from working as a bartender. No one at the restaurant would comment on the crash.

According to California Highway Patrol Officer Jim Bettencourt, Elmore had no license to drive in California and he was told at least four times he was not allowed to drive here.

Officials are still waiting on the results of toxicology reports to determine if Elmore was driving under the influence before Sunday’s fiery crash.
 


Woman Arraigned in Deadly Vegas Strip Crash

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A woman accused of intentionally plowing a car with her child inside through crowds of pedestrians on a Las Vegas Strip sidewalk has been arraigned on murder, hit-and-run and child abuse charges on Wednesday.

Lakeisha Nicole Holloway stood in shackles Wednesday and didn't enter a plea during her brief court appearance. Defense lawyer Joseph Abood said she is "heartbroken" over the crash Sunday that killed a woman and injured dozens of people.

She barely spoke and nodded to acknowledge that she understood she'll remain in jail through the holidays. 

Clark County District Attorney Steve Wolfson says additional charges are likely, depending on results of drug and alcohol tests and the police investigation.



Photo Credit: Las Vegas Metropolitan Police Department.

Crash Blocks Lanes of I-5 near Las Flores Drive

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Two vehicles collided on southbound Interstate 5 just north of Las Flores Drive Wednesday, blocking several lanes of the highway.

California Highway Patrol officers were called to the section of I-5 around 6:20 a.m.

A truck was on its side, blocking three lanes.

Officers said one person was issued.

A Sig Alert was issued for the area. 

No further information was immediately available. 

Refresh this page for updates on this breaking news story. 

Iranians Hacked Into NY Dam in 2013: Security Analyst

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Iranian hackers have claimed responsibility for a cyberattack that allowed them to access the control system for a dam in Rye, New York, in 2013, according to NBC News' security analyst. 

The hactivist group, SOBH Cyber Jihad, sent a message through another Iran-linked hacker outfit, Parastoo, saying it will release the technical information that proves it breached the Bowman Avenue Dam, less than 20 miles from New York City, Flashpoint Intelligence said.

The hackers said it took them two years to come forward because of a "state-level" warning not to go public with it "for the greater good." SOBH took credit for the intrusion after The Wall Street Journal reported on it this weekend. 

Officials in Rye said the Department of Homeland Security notified them about "unauthorized access" to the city's computer system and followed up with a report in January. 

The DHS report, which was obtained by NBC News, said the intruder accessed and read files — including user names and passwords — six times between Aug. 22 and Sept. 27, 2013. Rye officials said the hackers never manipulated the dam.

Sen. Chuck Schumer on Wednesday called for an immediate and thorough investigation of America's critical infrastructure by the DHS. 

"Whether it’s a dam in Rye Brook, or our power grids, our financial institutions, our water systems, or our online networks, these parts of our infrastructure are at risk are under assault like never before, and we need to do more about it," Schumer said while standing at the Bowman Avenue Dam. 

A source familiar with the investigation told NBC News that the 2013 hack was traced to an Iranian group, but that it was not clear if the actions were supported by Iran's government. 

UTC Restaurant to Relocate to Bankers Hill

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Harry’s Bar and American Grill, a staple at University Towne Center for more than a decade and a popular gathering spot for local business leaders, will be relocating to Bankers Hill in 2016.

A spokeswoman at the restaurant confirmed that Harry’s will be leaving the space at 4370 La Jolla Village Drive, Suite 150, after its current lease expires, and operators expect to relocate to a Bankers Hill space, likely on Fifth Avenue near Nutmeg Street.

An exact new street address and moving timetable were not immediately available. Harry’s owner and general manager Garo Minassian was not available for comment.

Harry’s operators were apparently not able to agree on renewal terms on a lease with the restaurant’s landlord, The Irvine Company, at its UTC office complex known as The Plaza. The Irvine Co. website indicates that the 5,060-square-foot space currently occupied by Harry’s is available for showing as of Jan. 1.

According to CoStar Group, Harry’s has leased its current space since April 2003.

“Harry's is winding down operations at The Plaza, and we want to thank them for their long tenure of serving UTC customers,” said Irvine Co. spokesman Bill Lobdell in a statement.

Lobdell said Irvine Co. has recently made extensive investments at The Plaza, including construction of a new building that will soon house the upscale Red O restaurant, on the former site of Donovan’s.

The Plaza also recently added a new Scripps HealthExpress clinic, with an outdoor lake and commons enhancements in the works.

“We will share more details in the first quarter of 2016,” Lobdell said, referring to plans for the Harry’s site and other portions of The Plaza.
 



Photo Credit: Harry's Bar and American Grill/Facebook
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Man Found Alive After More Than 60 Hours in China Landslide

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A migrant worker was pulled out alive Wednesday after he was buried for more than 60 hours in a massive landslide on Dec. 22 that swept through part of a major manufacturing city in southern China.

Tian Zeming was rescued around dawn on Wednesday. More than 70 people are still missing from the landslide that happened Sunday when a mountain of construction waste material and mud collapsed and flowed into an industrial park in Shenzhen.

"The survivor had a very feeble voice and pulse when he was found alive buried under debris, and now he's undergoing further checks," Dr. Wang Yiguo told a news conference in Shenzhen, according to a transcript posted by the district government that covers the area.

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