A fire burning near the U.S.-Mexico border fence scorched dozens of acres Wednesday, Cal Fire officials said.

The fire sparked around 4 p.m. at Alta Road and Tin Can Hill. Cal Fire officials said the blaze was burning near the U.S. side of the border fence, but originated in Mexico.

By 5:50 p.m., Cal Fire officials said the fire had burned approximately 100 acres of vegetation. The fire was burning at a moderate rate of spread in light brush, but firefighters were getting a solid handle on it.

By 7:10 p.m., fire officials confirmed the fire was holding at 100 acres, and was 80 percent contained.

Officials said no structures were threatened and no injuries were immediately reported.

A total of 17 engines, six fire crews, four air tankers, two helicopters, one bulldozer, three water tenders and two chief officers helped battle the fire, Cal Fire officials said.

The cause of the fire is under investigation.

A Miramar-based marine is pitching in to help tornado victims in Moore, Okla.

For Lance Corporal Vaughn Cannon, a U.S. Marine based at Miramar, this week’s devastation in Oklahoma hits close to home.

That’s because Moore, Okla. – the site of Monday’s destructive, deadly tornadoes – is Cannon’s hometown. Many of the people who’ve lost their homes, he knows personally.

Cannon said the home belonging to his grandparents was one of thousands ruined in the tornadoes.

Now, from his own home in Lakeside, Cannon says he feels compelled to help fellow Oklahomans in these tough times.

In an effort to help tornado victims, he and his family are collecting donations, money and clothing to send to those in need back in his hometown.

“I just thought, it’s not only my duty as an Oklahoman to do something to help out, it’s my duty as a Marine to do anything I can for them because they’ve always been so supportive of me,” Cannon told NBC 7 on Wednesday.

Besides collecting donations, Cannon and his wife, Yvonne, have been selling water, juice and snacks. The proceeds from those sales will go directly to tornado victims, to help families recuperate and rebuild.

“We are from Oklahoma City and Moore where it was affected. After seeing so many friends, and family, that have been affected by the storm, if we can't be down there helping them pick up the rubble, this is a great way we've decided,” Yvonne told NBC 7.

Cannon and Yvonne say Moore holds a very special place in their hearts.

“It’s our home. It’s our Oklahoman duty [to help]. They’ve been there for us, to support my husband and his military career,” Yvonne added.

Local military service member Brandon Roarke supports what the Cannon family is doing and recently donated to their efforts.

“I said, ‘I’ll donate what I was about to [use] to pay for my lunch to Oklahoma,’” Roarke said. "I've got a lot of friends in the area that got hit, so I'm here in California doing work for the military and thought, what a better way to donate from here to do something like this donation when I know it's going there."

The Cannon family will be collecting donations for Oklahoma through Sunday. Those who wish to donate call contact the family via email at yvcannon@yahoo.com or by calling 405-414-9280.

St. Louis starter Tyler Lyons pitched seven strong innings to win in his major league debut. The Padres countered with Burch Smith, who lasted less than two innings in just his third big league game. St. Louis won it 5-3 to take two of three at Petco Park. 

Special Section: San Diego Padres

Smith gave up three runs in the first and another in the second before getting pulled by manager Bud Black. After the game Black told reporters the young pitcher would head back to the minors.

Lyons was impressive. One of the few mistakes he made was a seventh inning pitch that Jedd Gyorko deposited over the center field fence. The 438-yard blast was his seventh of the season.

The Padres are off Thursday and begin a three game series in Arizona on Friday.

A woman is suing the Hilton San Diego Bayfront for discrimination claiming the hotel singled her out because of her race and hair color.

In 2009, Voneva Denham was hired to work at the downtown hotel located on Park Boulevard near the Convention Center and Petco Park.

She says she was ready to work but says she wasn't scheduled until she made her hair more  natural for her.

Voneva Denham works as a stylist at Ambiance Salon. That was the main reason she was shocked over the job requirement for a Hilton San Diego Bayfront banquet server.

"When I interviewed for the job, the hair color wasn't an issue. When I was offered the position and went to HR, it was told to me that my hair needed to be toned down and natural for me,” Denham told NBC 7 San Diego in an exclusive interview.

An images of the hair style she says she was told to tone down is available here. Denham provided NBC 7 San Diego with another image showing her hair at the time of the incident. She said that she did what she was directed to do but says it wasn't enough.

“I was pulled to the side when it was time to take pictures for my ID and told that it was seen and recognized that my hair had been toned down but it needed to be all one color and natural for me or I needed to wear a wig,” Denham said.

She says she was also told she wouldn't be scheduled to work any shifts until she did so. To keep the job, she got a wig. Denham said she quickly realized she was the only one required to wear her hair one color.

“I noticed that my supervisor had big chunks of blonde streaks with black so immediately I recognized that it wasn't right,” she said.

Denham filed a complaint with the Equal Employment Opportunity Commission.

According to the civil suit complaint, during the investigation process, a manager said the reason she was not allowed to work, was "because her hair color did not look natural for an African American person."

"An African American woman shouldn't feel as though she can't have colored hair and has to wear a wig to work while everyone else doesn't have to,” attorney Dante T. Pride said.

The EEOC granted her the right to sue. She has now filed a civil suit against the Hilton San Diego Bayfront.

"I would like to see them acknowledge what they did wrong and change, you know, their policies and their practices. I would like for them to have some training in diversity, period,” Denham said.

A Hilton spokesperson told NBC 7 it is not their policy to comment on personal matters or pending litigation.

An instructor testifying in a lawsuit filed over the Encinitas school district's yoga program demonstrated some basic poses inside a San Diego courtroom Wednesday.

At issue: are yoga poses religious in nature and can schools offer yoga instruction as part of its physical education program without promoting the religion or spirituality behind the practice?

Judge John S. Meyer heard testimony this week regarding Ashtanga yoga and a curriculum established within the Encinitas Union School District where students practice yoga as P.E.

The district established its yoga program with a $500,000 grant from the K.P. Jois Foundation. The hope was that yoga would help the elementary school students focus on studies, keep them calm and may even curb bullying.

All nine schools in the district are currently participating in the program.

However some parents objected when the program was launched in the fall of 2012. After complaining to the district, opponents sued claiming the classes are being used to indoctrinate children and "spread the gospel" of Ashtanga yoga. The plaintiffs want yoga classes suspended immediately.

Attorney Dean Broyles argues Ashtanga yoga is inherently religious and that teaching the poses is therefore a violation of the separation of church and state.

“There is no belief taught about any movement the child is engaged in,” the Encinitas school district's attorney Jack Sleeth said.

Encinitas Union School District Superintendent Timothy Baird Ed.D. testified Monday the instructors work for a third-party company paid for by the funds from the grant and are not district employees.

Baird also said he and his staff met with the yoga instructors before launching the program and removed images of yoga sanskrit and changed names of poses.

“Initially we made a conscious decision to remove some cultural context,” Baird said.

Yoga instructor Jennifer Nicole Brown said that after parents complained about the children chanting during yoga, they stopped including that in the lessons.

She described one pose as “criss-cross applesauce” which is used by teachers in classrooms all over the country. She even exited the witness box, took of her shoes and demonstrated the poses for the court.  Watch: Instructor Demonstrates Poses Used in Class

“What we do in the school district is completely different to the way that I would teach adults in a traditional Ashtanga school,” Jennifer Nicole Brown testified.

The plaintiffs called expert witness Candy Brown, Ph.D., of Indiana University, to testify about the basic principles of yoga.

“Many yoga traditions, not just in the past but also today, share a religious goal and that goal is human salvation,” she said Tuesday. The associate professor said the goal could also include reincarnation or spending eternity with the Divine.

Professor Brown testified there were explicit references to Ashtanga yoga in the school’s curriculum including the same opening, same poses and the same closing.

“That frames this as something more than exercise,” Prof. Brown concluded.

The practice of asking students to reach up to the sun in the mountain pose was religious she testified. 

The suggestion that posing one’s body equals a religious practice could be extended to closing of hands or bowing of heads “Yoga for Encinitas Students” attorney David Peck said.

“[Students] can dream about anything they want, they can think about pizza while they’re doing a pose,” said Peck whose son is enrolled in the yoga program.

The defense maintains the grant was for a health and wellness program and the children focus on breathing and the alignment of their bodies.

The plaintiffs contend that they aren’t arguing whether yoga has health benefits. They are arguing that a class of Ashtanga yoga be suspended immediately.

Ed. Note: The original version of this article included a point made under cross-examination where a defense attorney claimed Prof. Brown received grant funding from The Templeton Foundation which supports “organizations focusing on Judeo-Christian faith based ministries and institutions involved in furthering God's Kingdom.” Prof. Brown told NBC 7 San Diego, "I was funded by the John Templeton Foundation, which is NOT a Christian organization." We regret the error.

A driver accused of hitting a motorcyclist on purpose while driving on the Coronado Bridge made his first court appearance on Wednesday.

Phillip Eggers, 24, is accused of injuring two people while driving and is charged with two counts of first degree attempted murder. He is also charged with child endangerment, because his girlfriend's 3-year-old son was in car with him.

Court records obtained by NBC 7 reveal the suspect has a prior criminal record, and a history of mental health problems.

Last Saturday, witnesses say a motorcyclist exchanged words and gestures with Eggers, who then swerved into the bike.

California Highway Patrol officers arrested Eggers for his actions in that alleged road rage incident, near the San Diego side of the Coronado Bridge.

But after reviewing the evidence, prosecutors today downgraded those charges to assault with a deadly weapon other than a firearm.

The prosecutor said Eggers was seen weaving in and out of traffic, as he entered the bridge

One witness said Eggers sped away after hitting the motorcycle, and tried to run from the scene, after he finally stopped his car in Coronado.

But his lawyer said the motorcycle was in Eggers' blind spot, and that he never intended to hit it. The lawyer said it was an "unfortunate accident.”

The judge set bail for Eggers at $250,000.

A brush fire is was burning near Interstate 8 east of El Cajon, according to fire officials.

Smoke was seen around the offramp of N Second Street and the freeway.

Firefighters responded to the scene and were able to extinguish the blaze.

A neighbor said she first saw small flames under a large pine tree and the flames spread to engulf the tree, which spread along the embankment for about 200 yards.

Check back for updates on this story.

A man armed with a knife attempted to rob a Chipotle restaurant in Mission Valley by dressing up as an employee, police said.

The attempted robbery – which turned into a double stabbing – happened around 11:35 p.m. at a Chipotle restaurant located at 1025 Camino De La Reina.

According to police, the 38-year-old suspect dressed up as a Chipotle employee and knocked on the backdoor of the restaurant. The manager let him in and the suspect then took out a knife and told the manager to give him cash.

The manager grabbed the suspect and a fight ensued, police said. During the struggle, the manager sustained a cut on his hand.

Other employees jumped in and tried to help, and one employee also suffered a stab wound to the hand.

Police officers driving past the eatery saw the fight and took the suspect into custody. He was booked into jail for attempted robbery and two charges of assault with a deadly weapon.

Both stabbing victims were treated at the scene.
 

Officials in Hawai'i released new information in the death of an off-duty U.S. Border Patrol agent swimming near a popular waterfall

Kris Gungon, 31, died Sunday while swimming at Waimea Falls on the north shore of Oahu.

Initial media reports and witness statements suggested Gungon died a hero - while swimming out to help a woman in trouble.

On Wednesday, officials released new information saying that their investigation shows Gungon did not die while trying to rescue a fellow swimmer.

Statements by witnesses indicate that he was trying to swim out to the waterfall when he apparently drowned, officials told the NBC affiliate on Oahu.

Divers reported finding him in approximately 20 feet of water.

Cousin Luann Miller, told NBC 7 that family members were shocked by his sudden death. Kris was very athletic and a strong swimmer she said.

Gungon has been an agent since March 5, 2009 and was assigned to the El Centro Border Patrol Station.

Hawaii News Now - KGMB and KHNL

Hoping to prevent another deadly accident on the San Francisco Bay, the America's Cup issued 37 new safety recommendations that teams must adopt to compete, including racing with reduced wind speeds.

The three-page list released Wednesday comes after the May 9 death of Andrew "Bart" Simpson when his AC 72 catamaran for Team Artemis capsized.He was trapped under the boat for 10 minutes and died.

Read the full list of recommendations here

Safety equipment, such as brightly colored helmets and underwater crew locating devices, training and the structural review of the AC72's are addressed.

There is also a new lower wind speed limit for race days.

MORE: Artemis Will Only Race if "Team Believes They Are Safe"

Tom Ehman is with the America's Cup staff and he said reducing wind speeds will increase safety.

"It had been 33 knots, call it 35 miles per hour, we'd been running races up to that speed in September. That's been reduced to 23 knots or 25 miles per hour," he said.

 Winds were between 25 and 35 mph when Simpson was killed. With the new recommendations sailors with be onshore if winds are that strong.

America's Cup officials say with the investigation into Simpson's death still under way it's too early to tell if any of the safety recommendations would have saved his life.

One person died and another was freed four hours after a 50,000-pound section of a parking garage at a Bethesda mall collapsed Thursday afternoon.

The Westfield Montgomery Mall's garage, near Macy's and the mall's food court, was under renovation. Only construction workers were inside during the accident, which occurred just before 2 p.m.

Officials confirmed one construction worker died just before 4 p.m. and a second worker with life-threatening injuries was freed two hours later and hospitalized.

News4's Mark Segraves reported several other construction workers suffered minor injuries.

Emergency medical personnel from the University of Maryland Shock Trauma Center in Baltimore responded to the scene, as did as many as 100 other emergency responders.

• PHOTOS: From the Scene of the Parking Garage Collapse

Maryland's Go-Team, an advanced resuscitation team from Shock Trauma that can respond to seriously injured patients and those that face extrication that may last an hour or more, was called to the scene as well.

One woman who had parked close to the parking garage told News4's Tom Sherwood that she had gotten into her car and was driving away when she heard a "loud crash."

There was no structural damage to the mall. But one section of the mall was closed, and entrances near the parking garage were taped off. 

Westlake Drive and Democracy Boulevard is closed to traffic at this time.

The collapse happened on the first level of the multi-story garage, Segraves reported. There was no immediate information as to the cause of the crash.

The Westfield Montgomery Mall opened its doors in March 1968. It originally featured a Hecht’s, Garfinckel’s, Sears and 58 smaller shops. The mall, located on Democracy Boulevard near  I-270 and I-495, is the largest in the Bethesda area.

In 2007, The Montgomery County Planning Board approved plans to add 360,000 feet of retail space to the 1.2 million-square-foot mall.

There are plans underway to construct a 16-screen, 60,000 square foot ArcLight Cinema above the parking garage on the west side of the mall that was projected to open in spring 2014. Redevelopment plans also include a new and expanded dining terrace.

This renovation project closed the food court parking garage, which is expected to reopen in fall 2013.

Representatives with the Westfield Mall released the following statement Thursday evening:

"As has been reported, earlier today a construction-related accident occurred at Westfield Montgomery. The accident occurred in a parking deck that was closed for redevelopment. Unfortunately, the accident resulted in serious injuries to what is believed to be two victims, including one fatality. Our thoughts, prayers and deepest sympathies go out to the victims and their families.

Emergency responders continue to operate on site, Westfield is working closely with these authorities and is grateful for their rapid and comprehensive response. Responders and investigators are working in and around the closed and quarantined parking structure."

Mila Mimica, Mark Segraves, Tom Sherwood and Joshua Axelrod contributed to this report.

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There has been some debate over the mayor's proposed use of an 11 million dollar budget surplus.

San Diego Mayor Bob Filner wants to use part of an $11 million budget surplus for the operations and monitoring of the seal camera in La Jolla.

While it may fascinate a few, others are concerned the mayor may be missing the big picture.

Property tax collections are up and government rent is down. Those factors combined amount to an $11 million windfall but what's a city to do?

“Redeveloping our waterfront I think there is a lot that can be done there,” said Downtown resident Lyla Altevers.

Mayor Filner wants to throw money at police, fire and rescue, and streets but also $50,000 for seal watching.

“It puts us on the map both for international research and for tourism,” Mayor Filner said.

Another $50,000 for public toilets and maintenance would be spent on the city’s homeless.

“This is a basic human need for basic human dignity,” Mayor Filner said.

“We do need to keep our city clean. I think that's a better use than say monitoring the seals,” Altevers said.

The mayor is committing $600,000 to keep open year-round the veterans’ homeless shelter and another $50,000 for the check-in center.

Even he admits it's not the solution to the San Diego’s transient problems.

The Mayor said his proposals will show taxpayers a far more responsive government. He'll need a city council resolution to pass them.

The city’s budget deadline is July 1.
 

A 911 call made near Vista Wednesday night ended with an injured San Diego County Sheriff's deputy and a man hospitalized with a gunshot wound.

The female deputy was responding to a call of four people allegedly smoking marijuana in the laundry room of an apartment complex in the 2200-block of Primrose Avenue just before 8 p.m.

When the deputy arrived at the scene, she contacted four people inside the laundry room. All four people were not residents of the apartment complex, officials said.

Sheriff’s department officials say one of those people was 20-year-old Vista resident Anthony Fernando Garcia.

According to officials, Garcia violently fought with the deputy and the pair got into a struggle.

During their struggle, officials say the deputy tried to deploy her taser, but Garcia grabbed it. Once he had control of the taser, he fired it. The probes did not strike the deputy.

“It was just the one subject who initially was in compliance and followed the deputy’s directions and then basically attacked her as she was attempting to detain him,” said Lt. Glenn Giannantonio.

Fearing for her life, the deputy fired one round from her pistol, striking Garcia, officials said. Garcia was taken to Palomar Hospital for treatment, where officials say he was listed in stable condition and is under guard.

The deputy also sustained injuries during the confrontation. She was treated at a local hospital and later released. Officials did not disclose what type of injuries the deputy sustained.

Residents in the area, including 12-year-old Jovian Madsen heard and witnessed the shooting.

“I heard a loud gunshot and I saw smoke rising out from the gun,” Madsen told NBC 7. “I saw this guy screaming with the bullet, like he was shot, blood everywhere right on the side of his stomach.”

Deputies set up a command post outside a Walgreens in the 300 block of Sycamore Avenue following the shooting. Traffic was controlled in the area as deputies and detectives continued their investigation into the night.

Officials say Garcia will be charged with assault by means likely to produce great bodily injury on a peace officer, resisting an officer with force and removing a weapon from a peace officer.

For the first time, the parents of a little boy involved in a terrible North County crash are speaking out about the accident.
 
His mother, Allie Fomon said, “We've had some issue of him waking up at night or from naps, crying hysterically or screaming, which was behavior he never exhibited before. But overall I would say he is doing really well.” 
 
Life for Allie and Brad Fomon changed forever on February 1, 2013. Their nanny, Monserrat Mendez, whom they called "Monse" strapped their son Bryan into his stroller
 
“They were like best friends, they were honestly best friends,” recalled Brad. 

Monse and Bryan went on their usual walk, around the Fomon's Santaluz neighborhood. They were crossing Camino Del Sur at Via Verrazzano, when suddenly they were hit by an SUV.

A friend called Allie and told her there had been a terrible accident, so Allie went to the intersection. 
 
Allie said, “Right in the middle of the intersection was Bryan's blanket that Bryan's aunt had given him. And I just knew right then… it was like getting hit in the stomach. I knew it was Bryan.”
 
Police at first told her Bryan was okay, and that they'd taken him to Rady Children's Hospital just as a precaution.

But, when Allie and Brad got there, they found out it was much worse.
 
“It was very, very scary,” said Brad. “I remember breaking down, because I thought I was going to lose my son.” 
 
Among Bryan’s injuries: A shattered spleen, broken ribs, fractured femur and skull.
 
Things got even worse for the Fomons.
 
Allie said, “I remember the moment we learned that afternoon that Monse had passed away. I was in shock. I remember Brad and I together just crumbled and fell to pieces at that moment it became very real, the magnitude of this accident.”
 
Christine Padilla was behind the wheel of the SUV that hit Bryan and Monse. The new mom had given birth the day before the accident. 

She pleaded guilty to misdemeanor vehicular manslaughter, running a red light and failure to yield at crosswalk.

According to a police report, Padilla admitted to officers she was sleep deprived.
 
“You have a woman who died at the scene, you have a toddler that was almost killed.  You would have thought toxicology would have been done. If for no other reason than to rule out the possibility of alcohol or drugs in the system,” said Allie.
 
Law enforcement officers say toxicology tests are not required by law, even when there's a fatality. An officer at the scene evaluated Padilla for DUI and determined she had not been drinking.
Padilla will be sentenced June 7, where the consequences range from no jail time to up to a year in custody. 
 
“What we would like to see is accountability on behalf of the driver and we would like to see some justice not only for Bryan, bust especially for Monse,” said Brad.
 
The nanny's family has filed a civil suit against Christine Padilla and her husband Jeff.

The Fomons won't say if they'll do the same, but say Monse's two surviving children deserve financial compensation for their loss.

NBC7 reached out to the Padilla's for comment, but our messages were not returned.

Meantime, the Fomons have been focusing on their son's recovery. He came home with casts on his arm and leg and still sees a doctor.
 
The Fomon’s have also been reunited with a woman they call “a hero.” Jennifer Ferguson was the first to arrive on scene after the accident when she helped pull Bryan to safety. The Fomon's call her one of Bryan's "angels" and say she will be a life-long friend.

Allie also gave birth to a daughter, just 11 days after the accident.

They consider themselves fortunate and despite everything, Allie and Brad are grateful, especially to those they don't know. 

“We just wanted to thank everyone in the community. People that we can't look in the face or contact directly and say thank you for all the love and support,” Allie said. “We truly believe the prayers are what helped Bryan recover and heal the way he has.”
 
Editor’s Note: NBC 7 reporter Mari Payton knows the Fomon family and was able to interview them for this story.

There’s nothing like moving into a nice, new home, and some koalas at the San Diego Zoo are doing just that.

Female koala Tonahleah and her 10-month-old male joey, Gummy (pictured above), have been settling into their new home at the Conrad Prebys Australian Outback exhibit, which open this Friday at the San Diego Zoo.

The mother and joey are two of 21 koalas living at the San Diego Zoo.

The new, 3-acre Australian Outback exhibit is the new home to koalas and other marsupial species from Australia including wallabies, wombats and a short-beaked echidna. The exhibit also features native Australian birds like the kookaburra.

Tonahleah and Gummy will share their new digs with a few other koalas, including the zoo’s newly-named joey, Kirra.

Kirra, which means “leaf” in the Aboriginal language, was officially named earlier this month after more than 4,000 people voted on her name on the zoo’s website.

Zookeepers said the name is fitting because Kirra started eating eucalyptus leaves at an early age. Kirra has been the star of the zoo's Koala Cam since January. Now, fans will be able to see Kirra and other koalas live at the Australian Outback exhibit.

Zoo officials say the San Diego Zoo has the largest breeding colony of Queensland koalas and most successful breeding program outside of Australia.

To learn more about the Australian Outback exhibit opening Friday at the San Diego Zoo, visit this website.
 

More than 42,000 delinquency reminder notices will soon be mailed off to local taxpayers who failed to pay their first, second or both 2012-2013 secured property tax payments.

According to the office of San Diego County Treasurer-Tax Collector Dan McAllister, more than $94 million in property tax installments remains unpaid by local taxpayers.

McAllister’s office will now begin mailing the collection notices, which reflect a 10 percent late fee and $10 redemption fee. The total due on these notices amounts to $94,182,238.

McAllister expects to collect more than 98 percent of these delinquent payments by Jun. 30 and says the collection rate in San Diego County is currently at an all-time high.

This year, because Jun. 30 falls on a Sunday, taxpayers have until Monday, July 1 to pay their property taxes. Taxpayers who fail to do so will be subject to an additional penalty of 1.5 percent per month or 18 percent per year, added to their tax bill.

McAllister says taxpayers should pay their delinquent notices right away to avoid added penalties and charges.

Property owners requesting a reassessment of their property must still pay the amount printed on their tax bill statement. If they’re granted a lower assessment, a refund will be issued.

Payments can be made by visiting this website or calling (855) 829-3773.