Former NYPD commissioner Bernard Kerik is expected to return to his New Jersey home Tuesday after spending three years in federal prison, officials tell NBC 4 New York.

Kerik, a one-time nominee to be the nation's homeland security chief, left the Maryland facility in the morning and is planning to spend his first day back at his Franklin Lakes home sharing a meal with his 20 guests, according to a friend catering the event.

"He put a request in for some food that he's been missing for a few years," said Albert Manzo, who runs Brownstone catering in Paterson, where the chocolate fountain and gourmet desserts have been New Jersey staples for decades.

"He loves our short ribs, shrimp scampi -- a lot of things he doesn't have access to there," added Manzo, whose family is featured in the reality show "Real Housewives of New Jersey."

Kerik lost access to those luxuries when he pleaded guilty to multiple counts of corruption, including tax fraud and lying to the government. 

Hailed as a hero for leading the NYPD during the 9/11 attacks, Kerik fell from grace when he became the first New York City police commissioner ever imprisoned on federal crimes. His legal problems clouded the political fortunes of other elected officials, especially that of his mentor, former Mayor Rudy Giuliani.

The two had met when Kerik volunteered to chauffeur Giuliani and provide security during his first unsuccessful race for mayor. Once elected in 1993, Giuliani promoted Kerik, a high school dropout, to the highest levels of city government.

The mayor eventually tapped his former bodyguard as the city's 40th police commissioner in 2001 despite his attaining only the lowest rank for a detective and failing to earn a college degree -- a requirement for officers above the rank of sergeant. During his failed presidential bid in 2008, Giuliani had to admit that he erred in recommending Kerik to President Bush.

At a Memorial Day commemoration to honor the veterans who have served America and been laid to rest, many in attendance could not help but worry about the future.

For Americans who served their country in the armed forces, burial in a national cemetery is a final honor, a nation's gesture of gratitude.

By law, veterans have earned it.

But the Los Angeles National Cemetery in Westwood is almost completely full, and applications for gravesite plots or niches for the ashes of cremation are still coming in.

“We virtually have no room left, but for second interments at existing gravesites,” said George Bacon, Cemetery Director, who took the position last year.

It's hardly a new situation.

By the mid-1970's, the cemetery's 80,000 gravesites were all either occupied or committed. Niches remained available for cremation ashes for another two decades in the cemetery's 1940's era columbarium. But by the mid-1990s, all of its roughly 5,500 niches had been spoken for.

Special arrangements have continued to be made for service members killed in action, and family members can share burial space. But Los Angeles cannot accommodate other veterans on their passing.

The alternative is burial in another national cemetery that still has space. The nearest is 75 miles away in Riverside.

It should not have to be that way, says one veteran whose efforts to get the Westwood cemetery more space were acknowledged at Monday's Memorial Day program.

"This is my home. This is where I want to be buried,” said retired U.S. Army Col. Dick Littlestone, who moved to the Westside of Los Angeles four decades ago.

For more than a decade, Littlestone, 89, has been pushing the Veterans Administration to provide nearby additional space for the National Cemetery Administration to build a newer and much larger columbarium, one with 100,000 niches that could effectively double the capacity of the cemetery.

After years of effort, a location was selected, and plans and funding were finally approved, but obstacles continue to hold back the project.

"Dick Littlestone has never given up, so I don't either," said Rep. Henry Waxman (D-Los Angeles) during his comments Monday at the cemetery. Waxman revealed that in recent weeks he has requested a progress report from Gen. Eric Shinseki, Secretary of Veterans Affairs.

Opened in the 19th century on land originally set aside as a retirement home for disabled or aging soldiers, the cemetery is hemmed in by Westwood on three sides, and by the 405 Freeway to the west.

But a site for the new columbarium has been identified just the other side of the freeway, and accessible to the cemetery by way of Constitution Avenue, which passes beneath the freeway.

Like the cemetery, the proposed columbarium site is on property under the control of the Veterans Administration, but a different branch, for healthcare.

An "intra-agency" property transfer would be relatively simple, but for one thing: decades ago, the VA began leasing off portions of its healthcare campus to commercial enterprises, and the columbarium site is under lease to an oil company.

Breitburn Energy uses it to store pipes and other equipment for its nearby production site on the south side of Constitution Ave.

It's not an insurmountable problem. The company is willing to swap its storage yard for another lease site, said Breitburn's Gregory Brown, General Counsel and Executive VP.

But that was not done before a 2011 lawsuit against the VA challenged the legality of leasing to private enterprises, prompting the VA to put a hold on property transactions, at least temporarily.

"So until the lawsuit is resolved, we're at a standstill," said Bacon, the cemetery director.

"It makes you cry," said Littlestone, as he spoke with a reporter in the study of his Westside home, where he meticulously files every scrap of correspondence dealing with the columbarium.

"He's like a bulldog with it," said his wife of 65 years, Doris Littlestone.

If there is one consolation for Littlestone, it might be that the National Cemetery Administration has embraced his idea for large columbariums, not just in Los Angeles, but in other cities where national cemeteries are nearing capacity. The "urban initiative," it's called.

The irony is that urban initiative cities, such as Oakland - with a later proposal, but without the property transfer controversy - may get new columbariums before Los Angeles.

But Littlestone is not one to be worn down, and he has not given hope LA's new columbarium will be built during his lifetime.

"I just had open-heart surgery," Littlestone said. "I understand it's extended my life another 10 years."

California Highway Patrol officers made fewer DUI arrests this Memorial Day weekend in both San Diego and in the state of California.

In San Diego County, the CHP reports arresting 55 people for DUI between Friday night and Monday morning. That’s compared to 58 arrests last year.

Statewide, the number of DUI arrests dropped from 1,161 in 2012 to 1,133 in 2013, according to the CHP.

There was an increase in fatalities on California freeways. 15 drivers, passengers and motorcyclists were killed this weekend, compared to 11 the same weekend last year, according to the CHP.

There were no freeway fatalities in San Diego County.
 

A child was ejected from a car in an accident along Interstate 5 Monday morning.

The incident happened around 11 a.m. on the SeaWorld Drive exit on I-5.

A witness told NBC 7 that a tan SUV was in traffic to exit when it pulled out of the slower lane, hitting the  right front of a white Explorer. The Explorer then rolled over into the left emergency lane and fast lane.

At least was child was ejected from a car, but was able to walk immediately afterward, according to people at the scene. Others involved in the accident do not seem to have any major injuries.

Check back for updates on this story.

Less than two weeks after revealing she underwent a double mastectomy to prevent breast cancer, Angelina Jolie lost her aunt who lived here in San Diego to the disease.

The family of Debbie Martin spoke exclusively to NBC 7 San Diego and talked about the impact she had in her life — and likely the impact she will have in her death.

Debbie Martin had a long battle with cancer and was diagnosed in 2004. She died in Escondido Sunday morning  after nearly 10 years battling the deadly disease.

“She was my best friend,” said her son Chris Martin. “The most beautiful woman I knew. I would talk to her every day.”

Debbie Martin, 61, was the younger sister of Jolie’s mother, whose own death from ovarian cancer in 2007 inspired the surgery Jolie had — a double mastectomy that reduced her chances of getting breast cancer from 87 to 5 percent.

“She was the glue that held the family together,” said Debbie’s husband Ron.

Ron said Debbie had the same defective BRCA one gene that Jolie had, but she didn't know it until after her cancer diagnosis in 2004. He encourages people who may have the gene to get screened, as it could be lifesaving.

“Since Angelina came out with her news about her double mastectomy, Debbie and I reflected that has we known before she got breast cancer if we had the same information from the BRCA test, which we didn't have at that time,” he said. “We would have done exactly the same thing. It would have saved her life.”

Crews on Monday rescued a horse that fell into a 25-foot well, according to the San Rafael Fire Department.

The department received a call at 4:37 p.m. reporting a horse was stuck in a well at 690 North San Pedro Road.

When crews arrived on scene the horse was agitated and tired of trying to get out of the well, officials said.

Crews worked for several hours to free the horse, which was not injured.

Officials said it was difficult to get straps around the horse to get it out safely due to the small space in the well.

It appeared there was a cover over the well, which broke when the horse stood on top of it.

The Marine County Sheriff Department, a crane operator and veterinarian were also on scene to assist.

Firefighters are battling a 1,200 acre blaze in Santa Barbara County that prompted 4,000 evacuations from year-round and summer homes and campgrounds, officials said.

The White Fire was burning to the east along the Santa Ynez river, backed by strong winds. It is burning through forest and away from structures, according to officials with the Santa Barbara County Fire Department.

The fire began at 2:30 p.m. Monday. It was 10 percent contained as of early Tuesday.

Evacuation areas include Paradise Road, starting at the Forest Service kiosk. An estimated 4,000 people were evacuated, according to the Santa Barbara County Sheriff's Department.

The fire is threatening 50 residences, five commercial properties and 50 outbuildings and other structures, according to the U.S. Forest Service.

Air tankers, helicopters and ground crews fought the fire Monday. Aerial crews are expected to return to the area Tuesday morning after they were grounded Monday evening because of strong winds.

The fire burned through Sage Hill campground, but details regarding damage were not available Tuesday morning.

After a year and a half of raising a stink over the smell of La Jolla Cove, San Diego is going to do something about it.

On Tuesday, workers will begin neutralizing the chemicals and organisms – including the overwhelming bird guano – causing the stench permeating the air around the cliffs east of La Jolla Cove.

There were usual crowds over the Memorial Day weekend and it was obvious the sightseers and beach combers were staying up-wind of the stench.

The cliffs east of the popular tourist attraction are practically painted bird droppings.

It's as difficult to put up with the smell as it is for visitors to agree on its pungency.

“Pretty musky I think is the best way to describe it, “Taylor Melville said.

“It's unusual, very unusual. It’s like decaying fish,” visitor Nancy Cromwell said.

The impact on L Jolla Businesses and tourism is equally bad .

“We probably wouldn't stay as long as we would have normally,” Cromwell said.

“It's cut down the business actually for some people,” T-shirt vendor David Norton said.

In April, biologists said the odor in La Jolla was, essentially, the smell of success. Environmental protections put in place in La Jolla over the past few decades have brought endangered species back into the coastal town.

La Jolla is a state-designated area of "special biological significance." That means California strictly regulates its waters to protect its abundant marine life, which also attracts birds.

"We're kind of a victim of our own success," said Robert Pitman, a marine biologist at the National Marine Fisheries Service in La Jolla during an interview last month.

After nearly two years of debate over the most ecological and non-invasive cleanup, San Diego's Mayor Bob Filner said the smell was a public health hazard and as a result supersedes state laws that have stalled cleanup before now.

To move the matter along and gain some resolution, Filner issued an “Emergency Finding” under the Marine Mammal Protection Act of 1972.

The City of San Diego then hired a company called Blue Eagle to use nonpathogenic bacteria to eat away the animal waste and its odor.

Blue Eagle is expected to begin Tuesday applying the product in small amounts and under specialist supervision to measure the impact and effectiveness.

The specialized “microbial odor counteractant and cleaner” will be applied to the guano on top of the cliffs. The product will “digest” the guano and organisms atop the cliffs and, if all goes as planned, eliminate odors.

The product has been used in the past to address similar odor problems in cities like Sacramento and at the Colorado Springs Zoo, according to Filner.

The City says full scale clean-up will begin in early June.

Firefighters battled a small brush fire in Nestor this Memorial Day.

The fire started around 5:15 p.m. on southbound Interstate 5 and State Route 905. Aerial pictures showed smoke billowing from a hillside near the right shoulder of the freeway.

Fire officials told NBC 7 several engines were called because the area was difficult to access.

No one was injured, and no nearby structures were damaged, according to officials.

Check back for updates on this developing story.

Caleb "Kai the Hatchet-Wielding Hitchhiker" McGillvary, the internet celebrity accused of beating an elderly New Jersey attorney to death, waived his extradition rights during court proceedings in Philadelphia Tuesday.

The move paves the way for him to be transferred to authorities in Union County, N.J.

McGillvary, known as "Kai" to millions online, is accused of murdering North Jersey attorney Joseph Galfy in early May.

Officials say the two men met in Times Square on May 11 and later had a sexual encounter inside Galfy's Clark, N.J. home.

Galfy, 73, was found dead in his bedroom two days later. Authorities said he was severely beaten and found wearing only his socks and underwear.

A manhunt was then launched to find McGillvary. Police say he spent May 13 in Philadelphia sightseeing with friends and later stayed at a home in Glassboro, N.J.

The next day, he was dropped off at a PATCO train station in Haddonfield, N.J.

McGillvary was caught later that week after a barista at a Starbucks in the Old City section of the city recognized him and called police. He left before officers arrived, but they were able to track him down at the Center City Greyhound station later that night.

The 24-year-old appeared in court Tuesday via closed circuit television from a Philadelphia jail.

When an assistant district attorney asked McGillvary whether he was aware he's wanted for murder, the man replied "I've heard that, yes."

The judge then revoked his bail.

McGillvary became an internet sensation in February after an interview he gave to a Fresno, Calif. television station went viral.

In the interview, he described how he used a hatchet to beat a driver who was attacking a California utility worker. The video tallied more than 4 million views on YouTube.

He later appeared on ABC's Jimmy Kimmel Live!

When Kimmel asked him what people have been saying since the video went viral, McGillvary responded: "Hey, you're Kai, that dude with the hatchet."

As police searched for McGillvary, he posted to his Facebook page, claiming he was drugged and raped.

"what would you do if you woke up with a groggy head, metallic taste in your mouth, in a strangers house...," the post read in part. "realizing that someone had drugged, raped...what would you do?"

In an earlier post on May 10, before the two men allegedly met, McGillvary thanked those who took him in.

"Hey id like to express my gratitude to all the gnarly awesome people whove invited me in, partied hardy with me, and brought me to such cool places to meet such cool people," he wrote.

The Union County Prosecutor's Office tells NBC News they expect McGillvary to be extradited from Philadelphia later this week.

Contact Vince Lattanzio at 610.668.5532, vince.lattanzio@nbcuni.com or follow @VinceLattanzio on Twitter.

More than a month after the beating death of well-known architect Graham Downes, his San Diego firm will close.

Graham Downes Architecture Inc. will close effective June 30.

San Diego police found Downes unconscious outside his Bankers Hill home on April 19th.  Prosecutors say he suffered multiple skull fractures and severe facial injuries. He was pronounced dead nearly a week later.

An employee at the firm, 31-year-old Higinio Soriano Salgado, has pleaded not guilty to murder.

The 55-year-old Downes was known for designing the Hard Rock Hotel, Tower 23 and other San Diego hotels and restaurants.

Since Downes was so involved in the firm's project, the staff felt it was necessary to close the business to retain Downes' legacy as a visionary.

“We have met privately with the clients and staff of Graham Downes Architecture,” CFO Jerry Pugh was quoted in a company news release. “We are ensuring that client work is completed or recommended to another qualified design team, and employees are being given ample notice to prepare for the next step in their careers.”

The firm's final project will be the recent renovation of Tom Ham's Lighthouse.

A marijuana dispensary’s surveillance camera system captured clear images of the men suspected of robbing the Ocean Beach store Monday morning, according to officials. 

The incident happened around 11:15 a.m. at The Storefront on 4051 Voltaire Street.

The images from the store’s surveillance cameras show two men
without masks or disguises entering the building. One of the men was clearly holding a gun.

Officials said the evidence shows one suspect punching an employee. Then at the back of the store, a shirtless man is ordered to open the safe, while being held at gunpoint.

After that, the suspects hop into a car which officials believe may be a white Toyota Camry.

“This was the kick in the pants on the way out the door,” an employee told NBC 7 San Diego asking that he not be identified.

The employee said the collective was set to close for good on Tuesday. They wanted to close on their own terms, rather than getting shut down by federal agents.

Raids have become increasingly frequent, even though California law permits medical marijuana dispensaries.

Timeline: Medical Marijuana in San Diego

“It's the absence of regulation that makes people like us vulnerable to these types of attacks,” the employee said.

In all, the employee said the thieves got away with $2,000 worth of marijuana and cash leaving behind canisters of weed in the showcases.

The Storefront will consider its options, including reopening as another brick-and-mortar or going to an all-delivery system.

A driver who led San Diego police on a pursuit for several miles and taken into custody at gunpoint told officers he was confused by street signs.

A motorcycle officer tried to pull over the driver, a 25-year-old from Nepal, near Interstate 15 and Friars Road for turning right at a “no right turn” corner.

The driver didn’t stop and kept traveling for about three more miles officers said.

It wasn’t until the black 4-door Honda slowed for traffic at Montezuma Road and Collwood Boulevard that officers were able to throw a spike strip down and end the pursuit.

At that point, several officers pulled the driver from the car onto the ground and took him into custody.

The driver holds a valid California driver license but told the officer he was confused by the street signs.

He was arrested for failing to yield to emergency equipment and the original failing to obey traffic signs.

The suspect's vehicle was driving at a normal rate not doing any evasive maneuvers.

No pedestrians or other vehicles were threatened officials said.

An apartment fire in Point Loma forced nearly 200 people to evacuate from their residences, according to fire officials.

The incident happened shortly before 3 p.m, at Rue D'Orleans near W Point Loma Boulevard in the Pacific Isle apartment complex.

The fire started when plumbers were doing work in the apartment, according to San Diego Fire Department spokesperson Maurice Luque. The flames then spread up the walls causing damage on the third floor.

Firefighters were able to extinguish the blaze and the fire is being investigated. Residents are being told to stay outside of the complex for now.

There were no injuries reported.

Fire crews responded with water-dropping helicopters and air tankers Tuesday afternoon in the attack on a 55-acre fire burning near the Six Flags Magic Mountain theme park in the Valencia area.

Wildfire Page | Send viewer images to isee@nbcla.com or click here

Aerial and ground units responded to the location near Magic Mountain Parkway and The Old Road (map) at mid-day. The fire off the 5 Freeway was reported at about 11:30 a.m.

Containment was at 80 percent at 2:25 p.m.

Two air tankers were assigned to the brush fire, smoke from which could be see from Six Flags Magic Mountain theme park. The park is "unaffected" by the fire, according to a statement from Six Flags Magic Mountain.

No structures are threatened and authorities have not ordered evacuations. The nearby 5 Freeway remains open.

The fire comes amid hot, dry and windy conditions in Southern California. A fire north of Santa Barbara burned 1,800 acres by mid-day Tuesday and forced campground evacuations during Memorial Day.

Refresh this page for updates.
 

Disneyland's Toontown reopened Tuesday night after a loud explosion prompted authorities to close it for hours as a precaution.

The explosion was caused by dry ice in a water bottle, according to bomb squad and Anaheim Police Department officials. No injuries were reported.

"At this point, we don't know it was on purpose or by accident or accidently thrown away," said Sgt. Bob Dunn, with the Anaheim Police Department. "We are looking at all aspects."

Dunn added that people too often mistakenly try to enclose dry ice. Investigators plan to review surveillance video to determine who placed the item in the trash bin.

"We do respond to these quite a bit, so we know what to look for," he said.

Disneyland issued this statement late Tuesday:

"This afternoon, a small bang was heard in a trash can at Mickey's Toontown (and) in an abundance of caution, we evacuated Toontown to allow local authorities the opportunity to investigate," Disney spokeswoman Suzi Brown said.

The exact time of the explosion wasn't clear, Dunn said.

However, some Twitter users mentioned the incident at about 5:30 p.m.

"Something went BOOM in Toontown at Disneyland and now they're evacuating," wrote @theallenwolf at 5:33 p.m.

Minutes later, @SurelyShawna tweeted: "Was sitting in Toontown at Disneyland and something exploded in the trash can. I felt the sound waves of it and Toontown is closed."

Allen Wolf was writing on his computer near Toontown's City Hall -- about 20 feet away from the explosion -- when he heard a "loud boom."

He said there was no panic among parkgoers (pictured below), but there was a "tenseness."

"It sounded like a gun shot, but it was so out of place because we're in Toontown that most of (us) didn't know what to think," Wolf said. "When no one panicked and there was no indication of what happened," we continued doing what we were doing.

Soon after, Disneyland employees began escorting crowds from the area.

"They don't really tell you anything," Wolf recalled. "They just stay smiley and they say, 'We don't know what's going on but we need you to evacuate.'"

Better late than never at a Northern California school where a library book originally checked out for "overnight use" has been returned 32 years later.

The book about birds was checked out from the Albany Middle School Library on May 19, 1981.

The full title is "The Illustrated Encyclopedia of the Animal Kingdom."

It was just returned, in pretty good shape, in an envelope with no return address.

Unlike today's library books, it still carried a pouch inside the cover for a check-out slip. However, the name on the slip is hard to read, so they have no idea who sent it.

The library has no record of the book.

The librarian isn't sure what the school will do with it, since the text is a bit dated. It has a copyright of 1970/1971.

A man who died after being shot during a SWAT pursuit last week in Bay Terraces had a criminal history, according to court documents.

Adolfo Vargas Tovar, 47, robbed a gas station, stole a car and held a man hostage before being fatally shot by police officers last Friday.

In 2006, Tovar had been arrested and charged with a felony of possessing cocaine and misdemeanor charge of driving without a license. He had also been jailed in 1987 and 2001, making him eligible for increased prison time under the Three Strikes Law.

In 2006, Tovar plead guilty to possessing a controlled substance. During the hearing, Tovar’s lawyer said he had a “longtime cocaine addiction.” Tovar was then sentenced to seven years in state prison.

It is unknown if Tovar served his full time or if he was serving parole, as the San Diego Correctional Facility office did not immediately return a call from NBC 7 San Diego.

Tovar also held a man hostage on Friday, who later told NBC 7 that Tovar entered his home and made violent threats.

“He told me, ‘Don’t go outside, I’m going to kill you.’ And so, he’s touching me, so all of a sudden, he grabbed me, so I pushed him,” he recalled.

Tovar was later shot by police officers as he was trying to escape the house.