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Horton Plaza Park: High-Rent District?

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As downtown's Horton Square Park closes in on a born-again future, nonprofit community groups are getting a rude awakening.

They likely won't be able to meet the cost of holding events there.

The park’s ribbon-cutting ceremony is still several months away, after more than three years of construction work that's doubled the original budget -- as projected in 2010 -- up to $17 million.

Should anyone have expected bargain-basement deals to rent the place?

"When we inquired about the fee, the nonprofit fee, they quoted us $5,200 for one day,” said Nicolas Reveles, education and community engagement director of the San Diego Opera.

Not only is that fee out of the question for the opera, Reveles noted in an interview Tuesday, “I don't think any other arts organization in town could afford that."

The fee quote came from Westfield LLC, owner of the Horton Plaza shopping mall that overlooks the park-in-progress.

Under an agreement with the city, Westfield is required to host 75, then 150 and eventually more than 200 events a year in the park -- with only a fourth of those events allowed to be ticketed affairs or involve total closures to the public.

A Westfeld executive told Kinsee Morlan, who covers arts and culture for NBC 7’s media partner Voice of San Diego, that its rates are competitive with similar venues.

“The ArtsTix booth will actually be there, and they represent all the performing arts groups in town,” Morlan points out, “and so it kind of made sense that there would be some sort of arts engagement there. But it looks like the city and Westfield are maybe eyeing a different market for the events they want to host there."

The project is expected to reduce vagrancy and vandalism issues left over from redevelopment that created the shopping mall.

The original park was just a block-long frontage on Broadway.

The 2012 demolition of a big mall building behind it allowed for an expansion to accommodate a public square.
 


Accused Standoff Gunman to Undergo Second Mental Evaluation

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The man accused of terrorizing a San Diego neighborhood, bringing air traffic to a halt and shooting at police officers with a high-powered rifle, spurring a lengthy standoff, will undergo a second mental evaluation, a judge ordered Wednesday. 

Suspect Titus Nathan Colbert, 33, sat quietly as a judge ordered the evaluation to determine if he is mentally competent to stand trial. The judge also received a report on Colbert's mental competency, but took no action.

Colbert's attorney pleaded not guilty on his behalf at an earlier arraignment in November. Colbert has been held in jail without bail since his arraignment, based on his bizarre behavior and attitude at his arraignment, where he interrupted court proceedings by yelling at the judge that he stands for a "new world order."

Colbert, a documented gang member from San Diego’s Skyline area who had most recently been living in Las Vegas, faces multiple felony charges including three counts of attempted murder. If convicted on all charges, he faces a maximum of 105 years in prison.

On Wednesday, Nov. 4, 2015, officers with the San Diego Police Department (SDPD) were called to 2445 Brant Street in the Bankers Hill community to investigate a report of domestic violence involving Colbert.

That disturbance call escalated into a SWAT standoff between law enforcement and Colbert, who was armed with a long-range assault rifle. Holed up inside an apartment unit, Colbert began spraying bullets, narrowly missing SDPD officers.

At a previous arraignment, Deputy District Attorney Michael Runyon said Colbert fired shots at three officers during the standoff, hence the three counts of attempted murder.

The SDPD said Friday that one of those officers, identified by the department as Officer Carlos Estrada, a four-year veteran, returned fire. A second officer who also exchanged gunfire with Colbert was identified by the SDPD as Matthew C. Hone, an eight-year vet of the department.

Throughout the standoff, Colbert also allegedly fired random shots into the approach path used by pilots landing aircraft at San Diego’s Lindbergh Field, which is less than two miles from Brant Street.

The threat to public safety was so great that police shut down traffic in the area, blocking off multiple streets, and ordered residents to shelter in place. At the same time, the Federal Aviation Administration (FAA) issued a ground stop for arrivals into Lindbergh Field, which ultimately caused 140 flights to be impacted or delayed.

At around 2:40 p.m., more than five hours into the dangerous standoff, Colbert was taken into police custody. Although the community was badly shaken, no one was hurt in the ordeal.

On Thursday, SDPD officers continued their investigation at the apartment in Bankers Hill where broken glass and shell casings where left behind.

Runyon said 17 shell casings had been recovered by SDPD investigators at the scene of the Bankers Hill shooting, though he did not know exactly how many total rounds were fired during the standoff, as the investigation is ongoing. Runyon said the suspect was in possession of three firearms.

Colbert is no stranger to the criminal justice system. Court documents obtained by NBC 7 Investigates show he is a documented gang member with an extensive criminal history dating back to his teenage years. His record includes arrests in San Diego, as well as arrests in San Bernardino, Calif., and Arizona.

Most recently, Colbert was charged with five felonies, including selling the party drug Ecstasy to an undercover officer in a drug deal outside a Black Angus restaurant on Friars Road. Colbert was also implicated in another drug deal at the drive-thru of an In-N-Out restaurant in Mission Valley.

In 2012, Colbert pleaded guilty to selling narcotics and served one year behind bars.

An NBC 7 source in the legal community says Colbert is the brother of convicted killer Tecumseh Colbert, a man currently on death row for two 2004 murders.

Runyon said he had no comment on Colbert's courtroom outburst. NBC 7 did not speak with with Colbert's court-appointed attorney following the quick court hearing.

Colbert's next hearing is scheduled March 18th



Photo Credit: NBC 7 San Diego

Suspicious Note Prompted Evacuation of Pier

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A hand-written note sparked an investigation at Naval Base San Diego according to a spokesperson for the Navy Region Southwest.

The pier located at 32nd Street and Harbor was evacuated after the piece of paper with an alleged threat written on it was found near Pier 5 around 11:30 a.m. Wednesday.

The area, pier and parking lot were swept and nothing was found.

Officials expected an "all clear" to be called shortly. 



Photo Credit: Google Maps

Sea Slugs and Moon Jellies Spotted in Mission Bay

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Eye-catching creatures have recently turned up in San Diego’s Mission Bay, but they are no strangers to the area.

Navanax, more commonly known as sea slugs, and moon jellyfish were spotted in Mission Bay by a NBC 7 viewer on Tuesday. Despite their seemingly exotic appearance, both species are very common in the bay, according Mike Shane, a researcher at the Hubbs-Sea World Institute.

The viewer, Roberta Lenert, estimated she saw hundreds of the jellyfish.

Even though the sea slugs and moon jellies are native, El Nino’s warm currents have brought some unfamiliar species north, explained Shane.

In September 2015, rare Australian Spotted Jellyfish were seen throughout South Bay.

It was suspected the jellyfish were swept up in El Nino currents, which led them to San Diego. The jellyfish were taken to the Living Coast Discovery Center in Chula Vista.



Photo Credit: Roberta Lenert

College Worker Linked to Killings

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An Indiana college employee believed to be behind the "horrific" slayings of his niece and her 4-year-old son was found dead of an apparent suicide, authorities said. 

Lucius "Lu" Oliver Hamilton III was found at the Hilton Garden Inn in downtown Indianapolis Wednesday afternoon. Police attempted to make contact with Hamilton in his room, but he was found dead of an apparent self-inflicted gunshot wound, according to the Boone County Sheriff's office. 

Authorities believe Hamilton is connected to the killings of his 31-year-old niece, Katherine Janet Giehll, and her 4-year-old son, Raymond Peter Giehll IV, according to police. 

Both victims were found shot to death inside a Zionsville home just before 9 a.m., police said. Authorities believe the motive for the murders was "strictly for financial gain from a family trust."

"Through many investigative techniques, we were able track Hamilton down to a specific location in downtown Indianapolis where he cowardly took his life instead of choosing to face justice for his actions," Sheriff Michael Nielsen said. "My heart goes out to the Giehll family and to the first responders that witnessed this horrific scene.”

The murders prompted a multi-agency hunt for Hamilton, who was last known to be driving a van checked out from Wabash College, where Hamilton worked, according to authorities. He was last seen on campus that same morning.

“In my 32 years of law enforcement I have never witnessed a crime so heinous and heartbreaking," Nielsen said in an earlier statement. 

Students and faculty at the school were ordered to shelter in place and classes were canceled as police scoured the campus earlier Wednesday. Hamilton is listed as a senior major gifts officer on the school's faculty website.

The university urged Wabash College students and staff to stay indoors around noon Wednesday at the request of Crawfordsville police, who began raiding all buildings on campus. Multiple officers could be seen canvassing the area. The shelter in place warning was lifted shortly before 2:30 p.m.

"It became apparent this was serious when the dean addressed the students," said freshman Kaleb Hobgood.

Daniel Craig, a senior at the school, told NBC 5 he had been huddled in the school's library for more than two hours with hundreds of other students.

"The cops are going around evacuating each building, going into search and then clearing it and making sure Lou Hamilton is not there," Craig said.

Crawfordsville is about 50 miles northwest of Indianapolis.

"It’s disappointing," Hobgood said. "You see this stuff on the news all the time but you never really think it can happen to people close to the facility... It just makes it a little more close to home to know that it’s somebody we’ve been around every day."



Photo Credit: Boone County Sheriff's Office / WTHR
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GOP Senator Open to Confirmation Hearing for Supreme Court Nominee

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The Senate's second-ranking Republican left open the possibility of a confirmation hearing for President Barack Obama's nominee to fill the vacancy on the Supreme court.

In a radio interview on Wednesday, Texas Sen. John Cornyn did not rule out Judiciary Committee hearings while also saying he agreed with Senate Majority Leader Mitch McConnell, R-Ky., that the selection of a replacement for the late Justice Antonin Scalia should rest with the next president.

"It's entirely up to the chairman of the Judiciary Committee whether even to schedule a hearing on the president's nomination," Cornyn said on "The Mark Davis Show," a talk show on Dallas-area radio station KSKY. "And were the nomination to get out of the Judiciary Committee, it's entirely within the control and discretion of the Senate majority leader, Sen. Mitch McConnell, whether to schedule it for a vote. Which does demonstrate that majorities do matter."

Later in the day, Nevada Sen. Dean Heller became the first Republican senator to break with his party's leader and say the president should nominate a replacement for Scalia.

Obama has challenged Republicans to live up to their avowed adherence to the Constitution and agree to vote on his nominee.

Despite widespread GOP insistence that he leave the decision to the next president, Obama said Tuesday he had no intention of abdicating his responsibilities before leaving office early next year. He chidingly told the Senate he expects "them to do their job as well."

"The Constitution is pretty clear about what's supposed to happen now," Obama said before returning to Washington from California.

McConnell has said he doesn't think Obama should put a candidate forward. The Kentucky senator joined several Republicans up for re-election in declaring that Obama should let voters in November weigh in on the direction of the court through their vote for president.

Obama rejected that notion, insisting he will put forward a replacement and believes the Senate will have "plenty of time" to give the nominee a fair hearing and a vote. Democrats say Obama has every right and a constitutional duty to fill vacancies on the court until he leaves office next January.

The pace of judicial confirmations always slows in presidential election years, thanks to reluctance by the party out of power in the White House to give lifetime tenure to their opponents' picks. In the past, lawmakers have sometimes informally agreed to halt hearings on lower court nominations during campaign season. But Obama argued that "the Supreme Court's different."

McConnell has shown no signs of shifting his opposition, and several lawmakers facing heated elections have backed him up. But the party may still be searching for a strategy.

Senate Judiciary Chairman Charles Grassley, R-Iowa, said he would wait "until the nominee is made before I would make any decision" about holding hearings.

Cornyn said the presidential election should be a referendum "on who makes that appointment because I think many people simply feel like they don't recognize their country anymore."

He added, "It's entirely up to the Senate whether to confirm that nomination, and I think we should not, and we should defer that to the next president."

If Republicans indicate they may hold hearings, Obama would have greater reason to name a "consensus candidate," a moderate nominee that Republicans would be hard-pressed to reject. If there's virtually no chance of Republicans bending, Obama might pick a nominee who galvanizes Democratic support and fires up interest groups in the election year.

Obama would not tip his hand — much. He said he'd pick someone that would pass muster for honor and integrity even among ideological opponents.

He would not comment on whether he would consider appointing a candidate during a congressional recess, a last-ditch maneuver that would inflame partisanship in Congress.

If Senate Republicans hold fast to their vow not to confirm anyone Obama nominates, the Supreme Court will operate with eight justices — not just for the rest of this court term, but for most of the next one as well. High court terms begin in October, and the 80 or so cases argued in the course of a term usually are decided by early summer.

The court would be unable to issue rulings on any issue in which the justices split 4-4.
 



Photo Credit: Getty Images

Fatal Crash Suit Claims Doc Knew Woman Shouldn't Drive

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A well-known San Diego hospital and physician face a wrongful death lawsuit filed Tuesday that claims they did not stop a patient from driving before she killed a La Jolla woman in October of 2014.

Melissa Ratcliff, 45, vice president of the San Diego Regional Chamber of Commerce, was running errands and had been unloading her car in the 7700-block of Girard when she was hit and killed.

Mary O'Neil, 91, backed out of a nearby parking spot on the west side of the street, crossed into the other side and rammed into Ratcliff, San Diego police said.

The lawsuit claims O'Neil should never have been driving in the first place and that those caring for her knew it.

Ratcliff had a successful career in national politics and was the mother of three young children.

“They will never again have their mother with them. Some days are better than others,” the kids’ father Bennet Ratcliff said.

Ratcliff spoke with NBC7 by computer from upstate New York.

The lawsuit claims, Dr. Gaston Molina and Scripps Health were aware O'Neil was unfit to drive when she crashed into Ratcliff.

“The law is there to keep the rest of us safe from their patients that can't drive,” Ratcliff’s attorney Dan Gilleon said.

Gilleon, who represents the Ratcliff family, claims O'Neil's medical records show she suffered debilitating conditions including diabetes, Neuropathy and reported losing spatial awareness.

“It’s their responsibility to say, ‘Hey a wait a minute you shouldn't be driving’ but they didn't,” Ratcliff said.

When O'Neil backed into Ratcliff, court records indicate she told police, the car suddenly accelerated in reverse and she could not locate the brake pedal.

“They are just as responsible for that as the driver is,” Gilleon said referring to O’Neil’s physician’s office.

California Health codes require caregivers to report patients with disorders that could be characterized by lapses of consciousness.

“Most doctors realize as soon as they report their patient to the DMV they are going to lose that business and not be happy about it,” Gilleon said.

This case won't settle the "how old is too old to drive" debate, but may better define the symptoms of aging that could lead to tragic mistakes.

NBC 7 reached out to Scripps Health before the report was aired. The following day, we received a statement from Janice Collins, Senior Director of Public and Community Relations.

“Scripps has been named as a defendant in this case. For that reason and to protect the privacy of our patients, we are unable to comment further,” Collins wrote.
 

School Rallies Focus on Testing

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As part of a nationwide “Reclaim Our Schools” event Wednesday, some San Diego teachers rallied for more time for learning and less time for testing.

Groups of teachers and parents stood outside schools as students arrived at Oak Park Elementary. Other rallies were held at Clairemont High School and EB Scripps Elementary.

“Over 90 percent of our members were concerned that the over testing of our students is actually harming them,” said Lindsay Burningham President, San Diego Education Association.

Burningham said teachers do assessments every day in the classroom.

“We don’t need to be stopping for multiple weeks at a time during our school year to be focused on high-stakes testing that measure how a student is doing one day out of an entire school year,” she said.

Oak Park Elementary parent Margaret Reese took part in the rally with her children Marcanthonee and Jonnah.

She said students are missing a lot in the classroom if they’re out testing.

“Some kids don’t test well. They might even know the answers but they might freeze and get nervous and then, what does that test really prove,” Reese asked.

San Diego Unified School District, the second-largest school district in the state of California, issued a statement regarding Wednesday’s “walk-in” rallies.

“At San Diego Unified, we believe our students are more than a test score and have worked hard to eliminate all unnecessary testing in our school system,” SDUSD Communications Director Linda Zintz said. “We have cut the number of interim assessments from 3 to 2. These tests now start at second grade instead of first. This is real progress aimed at protecting children while insuring they receive a quality education.”

Any parent can decide to opt out of testing for their child, Burningham added.

Other cities focused on issues surrounding funding and safety. For more information on the nationwide day of action, visit the national website.
 


Teens in Zero Tolerance Controversy Return to Class

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Two San Pasqual High School students, threatened with expulsion over a violation of the school district’s zero tolerance policy, returned to class Wednesday.

The fate of Sam Serrato, 16, and Brandon Cappelletti, 18, became a public issue when their supporters pleaded with Escondido Union High School District (EUHSD) officials not to expel the students. Some claimed the district's zero tolerance policy was too severe.

As both students prepared to return to class Wednesday, some parents spoke with NBC 7 about the controversy.

"I support the fact that Sam Serrato and the other student are back at school today based on their history at San Pasqual," said Isela Jeffers. "Honors student, never had any issues. And I’m actually happy that he has another opportunity to come back."

On Jan. 27, a drug detection dog alerted school officials to two parked cars parked on campus. A bottle of over-the-counter ibuprofen was found in one of the cars which led to a further investigation.

An Escondido Police School Resource Officer was called to the lot, and the students were also summoned to their cars. One pocket knife was found in Serrato's car and three knives were found in Cappelletti's car.

Serrato originally told officials the knife belonged to his father but later admitted he had bought the  3.5-inch locking blade knife recently for protection. Cappelletti said his knives were from a recent fishing trip.

School officials suspended both students after finding them in violation of a misdemeanor crime by bringing the knives onto school property.

Hundreds of community members rallied behind Serrato at a school board meeting, asking for his suspension to be lifted. Serrato is an honor roll student and active athlete, and has never before gotten into trouble at school.

Cappelletti’s family also attended that board meeting and stood behind his statement that the knives were used for a fishing trip.

On Friday, the EUHSD superintendent confirmed Serrato and Cappelletti would both be returning to school.

At the same time, police and district officials wanted to remind all students and parents that bringing any weapon onto school property will be investigated in a serious manner, as was this case.

On Saturday, the EPD confirmed police would not be pursuing charges against the students.

As the students returned to school, one parent told NBC 7 that she felt the consequences were just considering where the knives were found.

"If the knives were in their backpack that would be different, they were in the vehicles they were owned by the family so I’m kinda caught in between. If the boys knew the knives were in their vehicles then maybe the family should have taken them out before they came to school," Lisa Young said.

Attorneys Take on Case of Confiscated Bikes

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Two attorneys are taking on the case of a group of cyclists who had their bikes confiscated for riding on military land.

Marines patrolling MCAS Miramar cited 45 bicyclists and seized their bikes last month because the military contends they were trespassing on federal land. Armed officers detained people in the group and slapped each of them with a $500 citation.

At the time, several of the cyclists said they had no idea they were riding on federal land.

Many of those cyclists say they have yet to have their bikes returned. Military officials say they’re holding on to the bikes as evidence until the cases are resolved through a federal magistrate.

That’s too long, two attorneys contend.

“I think it’s overkill to hang onto $7,000 bicycles for an extended period of time,” said attorney David Brahms, a retired brigadeir general with the U.S. Marine Corps.

“We want the bikes back now,” echoed attorney Richard Duquette. “We’re educating through the (San Diego) Mountain Biking Association and their representatives as to the areas off limits.”

In a statement, Miramar officials said they take “great interest and caution” in the issue of hikers and mountain bikers trespassing Miramar property.

The statement promises that all the bikes will be returned once the citations have settled their citations and the cases have been resolved.

Unprecedented El Nino Study Uses Balloons, Aircraft

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Researchers launched weather balloons Tuesday off the coast of Hawaii in an unprecedented effort to discover how El Nino affects weather forecasts thousands of miles away.

Craig McLean, assistant NOAA administrator for NOAA Research, explained how the project hopes to collect data from the Pacific Ocean using a research plane, a NOAA ship and drones.

"This research will help us understand the first link in the chain that produces, among many other weather impacts, extreme precipitation events on the West Coast," McLean said in a prepared news release.

Eight times a day, weather balloons will be launched from the deck of the Ronald H. Brown as it sails from Honolulu to San Diego. It’s expected to arrive here on March 18.

The data collected by weather balloons like the ones launched Tuesday will be pulled along with data from instruments dropped from aircraft, researchers said.

All of that data will hopefully improve weather models used by forecasters with the National Weather Service.

"This has never been done with a major El Nino," said Randall Dole, a senior scientist with NOAA's Earth System Research Lab in Boulder, Colorado.
 



Photo Credit: U.S. Navy photo by Mass Communication Specialist 1st Meranda Keller

Pine Valley Opens New Soccer, Baseball Fields

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Pine Valley celebrated the opening of new soccer and baseball fields with presentations, a ribbon cutting, and ceremonial first kicks by the students from Pine Valley Middle School Wednesday morning.

The 17-acre park now features 81,500-square feet of 100-percent recyclable artificial turf, a regulation-size soccer field, and an adjustable baseball diamond that accommodates all skill levels by moving the bases in or out.

Prior to this, kids either had to travel west to Alpine or south to Campo to play baseball or soccer. Children often used a dirt lot to play, said Jessica Geiszler, a representative from the County of San Diego Department of Parks and Recreation.

The project received funding from the County General Fund and cost approximately $1.5 million, according to Geiszler.

County Parks, County Public Works, District 2 County Supervisor Dianne Jacob, and the Pine Valley Planning Group helped to create the new project, said Geiszler.

The first games to be played on the fields are scheduled for the local little league in March. However, field reservations are open and can be made by calling Kirk Carmichael at (858) 673-3900 or by clicking here.

Beyond what the fields have to offer, the new parking lot will also contribute to the community.

The ADA-accessible lot is made of a porous material that absorbs rainwater, said Geisler. After the water is filtered through the material, it will be held in large basins that will in turn water the surrounding vegetation.

The park will be open daily from 9:30 a.m. to 30 minutes before sunset.

For more park information, click here.
 



Photo Credit: County of San Diego Parks and Recreation

Poll: Americans Split on if Senate Should Vote on Supreme Court Pick

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American voters are divided on whether the U.S. Senate should vote this year on President Obama's eventual nominee to succeed Antonin Scalia on the Supreme Court, according to results from a new national NBC News/Wall Street Journal poll.

Overall, 43 percent say the Senate should vote this year on a replacement, versus 42 percent who prefer to leave the position vacant and wait for a nomination by the new president; 15 percent have no opinion. 



Photo Credit: AFP/Getty Images

SDUSD Alerts Parents to Student Info Release

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San Diego Unified School District officials are notifying parents that all school districts in the state of California will be following a court order and handing over student records to a nonprofit community organization.

The Concerned Parents Association fought for the data in federal district court and won over the objections of the California Department of Education.

The nonprofit said it needs the information to see if California schools are violating the Individuals with Disabilities Education Act and other related laws. The database it will have access to includes all information on children, kindergarten through high school, who are attending or have attended a California school at any time since Jan. 1, 2008. 

SDUSD, the state's second-largest school district, is not a party in the lawsuit.

"Nonetheless, as a part of this lawsuit, CDE has been ordered by the court to release all data it has collected on general and special education students since Jan. 1, 2008," the district's statement informs parents.

The database contains students' names, social security numbers, home addresses, course information, behavior and discipline information, progress reports, mental health and medical information, along with suspensions, expulsions and more.

The attorney for the Concerned Parents Association, Rony Sagy, told NBC 7 the information will only be accessible to a handful of people and will have a "Special Master" who will certify that security measures are followed.

"The issue isn't why they want it," said Velasquez. "The issue is that it creates vulnerabilities and access points."

Students and parents can opt-out of the list by following detailed instructions from the district court.

To find out more about the court case and how to opt-out, visit the ID Theft Center's website at this URL: http://www.idtheftcenter.org/alertcaparents.html. The form, which you can find here, must be submitted by April 1. 

Parents can also contact the California Department of Education at (916) 319-0800.



Photo Credit: clipart.com

2 LAPD Officers Accused of Sexual Assault While on Duty

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Two veteran Los Angeles Police Department officers who worked as partners assigned to the Hollywood Division have been charged with repeatedly sexually assaulting four women, often while the pair was on duty, prosecutors said.

James Nichols, 44 and Luis Valenzuela, 43, are scheduled to be arraigned on Thursday in connection with the case, according to the Los Angeles District Attorney's office. Prosecutors will ask that bail be set at $3.83 million for Nichols and $3.76 million for Valenzuela, a statement said.

Beginning in December 2008, after they became partners, and continuing through March 2011, the two men allegedly began sexually assaulting women at various locations, including in their police vehicle, prosecutors said. All four women were arrested at various times by the officers during narcotics-related offenses, prosecutors said.

At the time the alleged assaults occurred, the victims were 19, 24, 25 and 34 years of age, according to prosecutors. Most, but not all, of the alleged sexual assaults occurred while the officers were on duty.

Nichols and Valenzuela are charged with multiple counts each of sexual assaults, including forcible rape, rape under color of authority, oral copulation under color of authority and oral copulation by force.

The Los Angeles Police Protective League, the union that represents rank-and-file officers, did not immediately return a call seeking comment.

In addition, Valenzuela is charged with one count of assault with a firearm for allegedly pointing a gun at one of the victims. The complaint alleges multiple victim allegations and principal armed as to each defendant.

The Los Angeles Police Department's Robbery-Homicide Division, which often investigates high-profile crimes, presented the case to the district attorney's office. Chief Charlie Beck issued a statement, saying that both officers were relieved from duty.

"I will say again, any officer that abuses the public's trust is not welcome in the LAPD and we will continue vigorously investigating officers accused of alleged crimes and cooperate fully with the District Attorney's office," Beck said.

If convicted, Nichols and Valenzuela each face up to life in state prison.



Photo Credit: File – Getty Images

Why Are Apple and the FBI Battling Over an iPhone?

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A long-brewing conflict between one of the world's largest and most recognizable companies and the FBI leapt into public view on Tuesday after a federal judge ordered Apple to help government investigators find a way into an iPhone used by one of the shooters in the San Bernardino, California, massacre last December.

So … what's the deal? Is Apple really locking itself out of its own phones? Does everyone in the government agree on this issue, against Apple and other major tech companies? And what do cybersecurity experts and cryptographers think?

Both Apple and the FBI want to do their job, as they see it, NBC News reports. The FBI wants to fight bad guys and keep people safe. Apple wants to build cool new technology and keep its shareholders happy.

This new court order presents some wrinkles for the ongoing conversation. But there's been a lot of chatter about the broader encryption issue in the tech community over the past year.



Photo Credit: Getty Images

San Diego Man, 83, Dies from Influenza Virus

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An 83-year-old San Diego man died Feb. 5 from the influenza virus, the County Health and Human Services Agency (HHSA) reported Wednesday.

Health officials said he had underlying medical conditions, and his death was one of the more than 600 cases reported last week. Six people have died in San Diego County as a result of the influenza virus. 

The week ending Feb. 13, 616 lab-confirmed flu cases were reported, a number more than double the previous week's numbers, when 266 cases were reported. 

“Influenza activity in the region is intensifying though it is still below last year’s level,” said Wilma Wooten, M.D., M.P.H., County Public Health Officer, in a statement. “It is not too late to get vaccinated. The vaccine is safe and effective and very well matched with the strains of flu that are circulating this season.”

Last year, 97 people died locally from complications from the flu, the HHSA said.

Six percent of all emergency department visits this year are for influenza-like symptoms. 

According to the Centers for Disease Control and Prevention (CDC), anyone six months and older should get a flu vaccine annually. This season’s flu shot offers protection against several strains, including Influenza A H3N2, Pandemic H1N1-like and Influenza B strains.

The CDC said vaccination is especially important for those considered high risk for developing serious complications from influenza. This includes pregnant women, children under 5 years old, people 65 years old and older, people with chronic medical conditions like asthma, diabetes and lung disease and those who live with or care for others who are at higher risk.

The vaccine is available even if you don’t have health insurance at Community Health Centers or County public health centers. A list of those locations is available here.

In addition to getting vaccinated, the HHSA said people should take other precautions against the flu, including consistent and thorough hand-washing and using hand sanitizers.

Avoid touching your mouth, nose and eyes, and often clean commonly touched surfaces. If you’re sick, stay home and avoid contact with others.



Photo Credit: Getty Images

McCoy: 'Focus is on Stadium in San Diego'

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On March 7, NFL teams can start negotiating with free agents.

One of the things a lot of players look at when considering where to sign their next contract is location. It's usually not hard to sell someone on living in San Diego, but right now for the Chargers being in sunny SD is potentially a substantial obstacle.

The team is going to play at Qualcomm Stadium for the 2016 season, but once again the team's home beyond that is a mystery.

So members of the organization are taking every opportunity they have to alleviate fears players might have about an uncertain future.

"I know the number one focus is to try and get a stadium built here in San Diego," said head coach Mike McCoy on NBC Sports Radio.

This represents a departure for McCoy. Prior to Chargers Chairman Dean Spanos announcing he would keep the team in Mission Valley for 2016, McCoy had steered away from stadium questions, instead saying his focus is on winning football games.

It is a bold new narrative from the organization and certainly offers hope for Bolts fans in San Diego. Whether or not prospective free agents buy in to it remains to be seen.



Photo Credit: Getty Images

Surprise: Trump Falls Behind Cruz in National NBC/WSJ Poll

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Republican presidential front-runner Donald Trump has fallen behind Ted Cruz in the national GOP horserace, according to a new NBC News/Wall Street Journal poll.

In the poll, Cruz is the first choice of 28 percent of Republican primary voters, while Trump gets 26 percent.  

The results from the poll are a significant reversal from last month, when Trump held a 13-point lead over Cruz, 33 percent to 20 percent. 



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Burglary Suspect Entered Fumigated Homes: SDPD

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A man accused of breaking into homes prepped for fumigation was allegedly caught in the act, police said Wednesday.

San Diego Police say they received 19 reports of burglaries at homes undergoing pest fumigation between July and February.

Evidence led investigators to arrest 34-year-old Salvador Amador Padilla on Feb. 9.

Lt. Terence Charlot told NBC7 Padilla was trying to break into a home when he was arrested.

Officers serving a search warrant at Padilla’s home allegedly uncovered stolen property that officers have connected to eight victims, Charlot said.

The victims’ homes were tented by various fumigation companies, Charlot said, but he would not specify which companies were targeted.

Padilla was in jail Wednesday, booked on various charges including burglary, attempted burglary, possession of narcotics, and possession of burglary tools.

Charlot said this was an ongoing investigation. Anyone who believes they may have been burglarized during fumigation can call the San Diego Police Department's non-emergency line at (619) 531-2000 or (858) 484-3154.

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