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Sketch Released in Armed Robbery of Bernardo Winery Employee

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The San Diego County Sheriff's Department has released a sketch of the man they say robbed a woman in the parking lot of a popular North County winery.

Deputies said the man confronted a woman in a parking lot on Old Winery Road, pointed a semi-automatic gun at her and told her to "hurry up and give me everything."

The victim, a female salon worker at the winery, was arriving for work when the robbery occurred. Deputies said the woman went into her trunk, when the suspect appeared behind her. He then robbed the woman at gunpoint.

Deputies said the suspect took some cash.

The suspect was described as 5-feet, 10-inches tall, 25 – 30 years old, and between 250 – 300 pounds. Deputies told NBC 7 they have no leads at this time.

A search of nearby surveillance cameras turned up nothing. Deputies also used the department's helicopter to search for the suspect. 

San Diego Police initially responded to the incident, which occurred just before 9 a.m. Tuesday. The investigation was later turned over to the San Diego County Sheriff’s Department.


Red Hot Chili Peppers Postpone SD Show

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While you "Can't Stop" the Red Hot Chili Peppers, it looks like they're human after all: Due to frontman Anthony Kiedis falling ill with bronchitis, the band has postponed their Sunday, March 5 show at Valley View Casino Center to Tuesday, March 21 at the same venue. Tickets for the previously scheduled show will be honored at the new date. 

The iconic funk/rock group made the announcement Thursday morning. 

"We are so sorry that we cannot come to San Diego as planned," the statement read. "Anthony has been fighting off the bronchitis all week and still needs a few more days to recover. We are sorry for any inconvenience to our fans and look forward to seeing you on March 21st.”

Kiedis, Flea, Chad Smith and Josh Klinghoffer last played in San Diego County in September 2015 at a fundraiser held at the Belly Up, when tickets were a pricy $1,000 and benefitted youth performing arts education groups including Heartbeat Music Academy, San Diego Young Artists Music Academy and the Silverlake Conservatory of Music -- which was co-founded by bassist Flea in 2001 and provides affordable or free lessons and instruments to its eight classrooms of students in an effort to facilitate music education.

Before that show, RHCP last made the Sports Arena home for one night back in September of 2012. Hey, it's been years since we've had a proper RHCP show in town -- what's two more weeks, right?

According to the official ticket website, the San Diego show (which will also feature Trombone Shorty & Orleans Avenue, and Jack Irons as openers) is still sold out. Tickets may become available if current ticket-holders seek refunds due to the new date though so keep your eyes peeled.



Photo Credit: Getty Images

50 Gallons of Breast Milk Donated for Preemies

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Nearly 50 gallons of mother’s milk were collected Wednesday in a donation drive held by UCSD and The San Diego Mothers' Milk Bank.

Organizers hoped to increase supplies of human milk for premature babies and other newborns who need it.

Preemies are often fed formula when a mother can't produce her own milk.

Sara Crawford has a 6-month old who was born premature. She knows how critical breast milk can be for a preemie.

“I was lucky enough that I can produce enough so I wanted to help the next mom who may not be so fortunate. Especially for a preemie baby," Crawford said.

The milk bank provides banked human milk to infants with intestinal injury or those with very low birth weight. It was established by the Division of Neonatology at UC San Diego Health.

New mothers who are interested in donating can still do so. Find information on how to apply and register here.



Photo Credit: Mark Sackett, NBC 7

Roscoe’s Chicken and Waffles Halts San Diego Plans

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Foodies, you better sit down for this one – it’s not going to be pretty. Roscoe’s House of Chicken and Waffles, which had plans to open an eatery in Barrio Logan, is putting a halt to those fried chicken dreams.

Eater San Diego confirmed the sad news this week that Roscoe’s House of Chicken and Waffles is no longer moving forward with its plans to expand its popular soul food chain to San Diego – at least for now.

The location, which would’ve been Roscoe’s first-ever San Diego restaurant, was supposed to open soon at a large location at 1678 National Ave.

Last July, after months of mouthwatering rumors, Eater San Diego shared the joyous scoop that Roscoe’s had purchased the 17,489-square foot Barrio Logan lot and was going to make the San Diego expansion a reality.

The building was a draw for the soul food eatery with a cult following because it was accessible, big and had plenty of parking.

The chain had even started construction at the site, but Eater reports that the company recently decided to put the property back on the market and shift the company’s focus instead to its ongoing business ventures in Los Angeles. Roscoe’s is currently in the process of moving its Mid-City eatery in Los Angeles to a new building, Eater reports, which is keeping them very busy.

But before you curl up into a ball and spiral into a dark place of total fried chicken and waffles angst, there is hope on the horizon.

Eater says a source close to the company assures that Roscoe’s ownership “is still committed to opening a restaurant in San Diego.” The company may start scouting out other locations in San Diego later this year.

Roscoe House of Chicken and Waffles is known for its fried chicken and waffle dishes, including one named after President Obama, which includes one waffle, three pieces of chicken and a side of syrup. The eatery has a fervent fan base, and has been known to attract famous diners, including actors and the former POTUS himself. Roscoe's also churns out a variety of homestyle, Southern sides, including cornbread, grits and collard greens.

The restaurant chain was first founded in 1975 in Long Beach, California, by Harlem native Herb Hudson.

Currently, the chain operates seven locations in Southern California, including restaurants in Hollywood, Anaheim (near Disneyland) and Long Beach.

Road trip, anyone?



Photo Credit: Roscoe's House of Chicken and Waffles/Facebook

San Diego VA Has 8th Longest Wait: Docs

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The San Diego VA Healthcare Center’s Emergency Department has some of the longest emergency room wait times in the nation, according to data uncovered by NBC 7 San Diego.

Veteran U.S. Marine Josh Goldman, who served in Iraq in Logistics and Transport, said he waited 15 hours in the emergency department in February.

An avid cyclist, Goldman first came to the VA after he shattered his wrist and broke his elbow on a ride.

“It was pretty excruciating,” he told NBC 7. “It was tough to even concentrate and I started to go into shock on the side of a road.”

The veteran said he never expected such a long wait.

“I was rolled back once to X-ray, I ended up sitting in kind of a hallway, just kind a looking at the ceiling for a couple hours again with my wrist sticking out of the side,” he said.

Goldman said he was in severe pain and waited in the emergency from a Saturday around 10 a.m. ”into Sunday morning, and they didn't actually physically move me to a room where I was admitted until 1:30 or 2:00 Sunday morning.”

The VA measures emergency room wait times in multiple ways: From entry to triage, from entry to doctor, from entry to discharge and from entry to admittance.

NBC 7 found in two of the four ways the VA measures wait times the SD VA Healthcare Emergency Room has some of longest wait times. Those included: From entry to doctor and from entry to admittance.

According to data obtained through the Freedom of Information Act, The San Diego VA Emergency Room ranked among the longest time for a patient to see a doctor in the ER.

Data showed, from October 2015 to August 2016, the San Diego had the fourth in the longest wait times in the country, with a median wait time of 89 minutes.

Dr. Patricia Hlavin , the Emergency Department Director, told NBC 7 the methods the VA in San Diego was using to calculate the numbers were different than other facilities, and the numbers have improved to a little more than an hour. Triage doctors are now expediting the process in the ER, Hlavin said.

The San Diego VA Healthcare Center Emergency Department is also ranked as the facility with the eighth longest wait times in the county for a patient to be admitted to the hospital after entering the E.R. an improvement over six months ago, when the facility was ranked second longest.

Hlavin said she feels for veterans who have to wait, and says the problem is that there simply is not enough room at the VA Hospital.

“Every bed in the hospital is full, or we don't have nurses to staff the beds that we have available,” Hlavin said.

Hlavin said she has the budget to hire more nurses, but there is too much competition for good paying nursing jobs in San Diego.

Hlavin said she even serves as a triage nurse in the ER to help alleviate the wait.

There are no urgent care centers at VA Medical Facilities in San Diego. Many veterans, she said, come to the emergency room when they have a health issue that is not an emergency and that puts a strain on the system.

She said the most critical patients are moved quickly to get the medical help they need, and the VA does work with other hospitals when it's necessary.

“I feel like we do really great care for the very sick patients, the folks that need to be here,” Hlavin said.

Goldman told NBC 7 he was scheduled for surgery on his arm at the VA, only to have it canceled. He said he was told there were issues with equipment sterilization.

Goldman said he was unable schedule another at the VA for a few weeks.

Given all he had experienced and the extent of his injury, he chose to go outside the VA and pay for the surgery himself.

The San Diego VA Healthcare System serves more than 230,000 veterans in a region with one of the largest populations of veterans.

Deputies Shoot, Kill Person in San Marcos Gated Community

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One person was shot and killed by a San Diego County Sheriff's Deputy who was investigating a burglary in a gated community in San Marcos.

Deputies were called to the Silver Crest gated community on Edgewater Drive just after 3:00 a.m. Wednesday.

A homeowner called 911 saying there was someone in his home with a baseball bat, SDSO Public Information Officer Ryan Keim said.

"A call of a burglary where the homeowner was upstairs with his family and reported that someone unknown to them was downstairs with a baseball bat in their house," Keim said.

Homicide Lt. Greg Rylaarsdam said the victim ran back upstairs where his wife and two teenagers were.

Two deputies arrived within minutes.

The suspect ran into the garage where he opened a garage door and tried to steal a car, Rylaarsdam said.

However, there were two vehicles parked in the garage so the suspect was blocked in.

Rylaarsdam said there was a confrontation with the deputies but said investigators are still trying to determine what happened.

One deputy fired a gun, the other fired a beanbag device.

Both struck the suspect who died on scene after life saving measures failed, Rylaarsdam said.

The person killed in the shooting was not identified. 

"We believe that was the only person involved. No deputies were injured," Keim said.

Keim said the information was preliminary and that witnesses were still being questioned.

Deputies were checking cars leaving the neighborhood.

One woman, who lives five houses from the location of the shooting, was not aware of the incident until she saw uniformed deputies outside of her home.

“Of course I feel nervous because this is a good neighborhood actually,” said Agnes Asuncion.

The location of the community is south of State Route 78 and west of Interstate 15 in San Diego's North County.

Smelly Water at Emerson-Bandini School Raises Concerns

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An odor in the water at Emerson-Bandini School in southeast San Diego has prompted San Diego Unified School District to say they are providing water to students.

NBC 7 confirmed water fountains in public areas of the school were still running on campus Wednesday even though test results showed the water may be unsafe to drink.

Third grade student Francisco Orejel said students avoid the fountain.

“The water is just fine but we don’t drink from it,” Orejel said. “We get cups. We get bottled water sometimes.”

NBC 7 found there was some confusion about whether the students were actually being provided bottled water.

Late Wednesday, officials with the district sent NBC 7 a statement. It said the district received word of a possible odor in the water about a month ago so they sent samples out for analysis and started providing bottled water.

On-campus educators told NBC 7 there was nothing wrong with the water from the fountain. They also said bottled water was not being provided.

A district spokesperson said preliminary results indicated “some mitigation of the situation may be required.”

Outside school grounds, parents said they believed the children were getting bottled water but they haven’t heard anything about what the issue is or that there may be bacteria in the water.

“We always have our own water,” Julio Chicon said. “We carry our own water. We just don’t really trust the water that is given to us nowadays.”

NBC 7 received a letter from the school that informs parents of recent news reports involving elevated levels of lead in some water offered on school campuses in the county.

The letter states there are no indication of unsafe levels of lead in the water supply at any San Diego Unified Schools.

It also states that, as a precaution, the district is testing for lead.

The letter said nothing about unsafe levels of bacteria.

A City of San Diego spokesperson and a district engineer with the State Water Resources Control Board said water testing done at Emerson-Bandini showed elevated levels of bacteria at the elementary school.

This is just the latest in a series of school drinking water concerns.

First, there was the discovery of lead in the drinking water at a San Ysidro elementary school.

Then, Warner Springs schools confirmed they are dealing with arsenic in the water there.

Just this week, the La Mesa Spring Valley schools' superintendent said water at all of its school sites was being tested.



Photo Credit: NBC 7

Boulder Tumbles in Storm, Blocks Access to Ramona Home

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When a Ramona family got up for work Tuesday they quickly realized they were in a rocky situation. A huge boulder, loosened by a powerful storm, had slid and fallen onto their driveway, blocking access to the road.

Soon, homeowner Adriana Soltero and her cousin, Gaby Nace, knew they weren’t going to make it into the office. The family lives on Cloudy Moon Drive, on a mountain known as Rock Haven, which is covered in boulders.

“The name says it all,” Soltero said, adding that she’s always been concerned about the possibility of a boulder tumbling during a downpour in her neighborhood.

She and her family have lived there for 15 years but up until Tuesday, they had never experienced anything like the sight of a giant boulder blocking their driveway.

“It’s enormous,” Soltero told NBC 7.

Soltero said the storm caused a mudslide, which then knocked the boulder loose, sending it tumbling onto their driveway. With it came a large amount of mud and trees that were also pulled out of the ground by the mudslide.

“Everything gave way,” Soltero said, describing the mess created on their property by the storm.

Nace was the one who came across the boulder first, as she prepared to leave the house for her morning commute to work in Torrey Pines.

Nace said she was shocked to see the boulder covering the driveway.

“I thought, ‘I guess today’s not going to be a work day,’” she said. “We were stuck here.”

Each family member had to call out of work for the day. The family called Caltrans to ask for help removing the boulder.

When they realized help wasn’t coming fast enough, Soltero said her husband and their neighbors rolled up their sleeves and got to work at home. They shoveled mud and tied ropes around fallen trees, moving them just enough to allow their cars to come in and out of the driveway.

As of Wednesday night, the boulder had not yet been removed.

Nace said her main concern is that it will rain again before the boulder is removed, causing even more damage.

“If there’s another storm – what else is going to happen?” she wondered.

Caltrans San Diego crews have been very busy this week cleaning up the aftermath of Monday’s storm including flooded areas, fallen trees and other loose boulders blocking roadways.

On Wednesday, Caltrans worked to clear boulders blocking State Route 78 at Bandy Canyon Road in Ramona. They drilled holes inside the huge boulders and detonated explosives inside in an effort to break up the boulders into smaller pieces so they could be moved out of the way. The highway was closed all day Wednesday but had reopened by Thursday morning.

NBC 7 spoke with Caltrans on Thursday and the agency said the boulder on Cloudy Moon Drive will be dealt with by the County of San Diego.

County officials told NBC 7 they will be sending a crew to the property to assess the boulder and figure out what the next steps will be.



Photo Credit: Gaby Nace
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Aaron Hernandez Defense Questions Evidence From Crime Scene

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Newly released surveillance photos may be key evidence in Aaron Hernandez's double murder trial.

The photos show a silver SUV with Rhode Island plates at a parking garage near the scene of the killings in Boston's South End in July of 2012.

The former Patriots star tight end, serving a life sentence for the 2013 murder of Odin Lloyd, is accused of gunning down Safiro Furtado and Daniel de Abreu from that SUV. Prosecutors say the killing stemmed from a spilled drink at a nightclub.

"I observed a young man standing off on the bridge with some blood coming from, I believe, his arm," said Boston police officer Erick James.

"When I looked into the vehicle, I observed two individuals that were slumped over," recalled Sgt. Clifton McHale.

The responding officers took the stand Thursday to describe a chaotic, bloody scene. But the defense turned the focus onto what it calls a botched investigation – including allegedly allowing a street sweeper into the crime scene perimeter.

"There was potential evidence that may have been collected by that street sweeper because we couldn't find any ballistics evidence at the crime scene," McHale said.

And defense attorney Jose Baez also called into question the white sheets EMS placed over the bodies before they had been photographed and before the victim's car was towed to a Boston police garage with the bodies inside.

"You're aware that sheets being placed on the body could destroy trace evidence?" Baez asked.

"It could," Boston police Sgt. Sean McCarthy acknowledged.

Baez, who won an acquittal for Casey Anthony in the death of her daughter, claimed Wednesday that government witness Alexander Bradley was the real killer.



Photo Credit: AP

3 People Robbed Pedestrian in Skyline: PD

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San Diego police (SDPD) are looking for three armed people accused of robbing a pedestrian in San Diego's Skyline neighborhood. 

The incident happened at approximately 3:21 p.m. Thursday on the 7300 block of Gribble Street, according to SDPD Officer Billy Hernandez. 

Police did not have details on what happened. No one was injured. 

The suspects - three teens - are described as between 5 feet 10 inches and 6 feet tall, last seen wearing red and black basketball gear, police said. 

The men are still on the run. 

No other information was available.

Check back for updates.



Photo Credit: Getty Images/File

San Diegans Celebrate Dr. Seuss Birthday With Reading

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Happy birthday, Dr. Seuss!

The children’s author, who spent much of his life in La Jolla, would have been 113 on Thursday.

Across San Diego County and the nation, young and old readers celebrated “Read Across America” in honor of the late author whose real name was Theodor Seuss Geisel.

UC San Diego hosted a birthday party in front of the Geisel Library, which boasts more than 15,000 rare items from the Dr. Seuss collection.

University librarian Brian Schottlaender shared a fun fact about Dr. Seuss.

“One year he laid eyes on the Geisel Library just behind me and said if he had been an architect and had designed a library, it would look like this one,” Schottlaender said. “So when he passed in the early 90s, his widow, Audrey Geisel, arranged for the library to be named in his honor.

Elsewhere, local schools participated in Read Across America Day by simply reading a favorite book.



Photo Credit: NBC 7

Catholic High School Cashes In With Snap Investment

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A Bay Area high school that counts itself among Snap Inc.'s first investors stands to win big after a booming initial public offering and first-day trading.

The company behind the popular messaging app Snapchat made its trading debut Thursday after a better-than-expected stock offering. Snap had priced its initial public offering of 200 million shares at $17 each on Wednesday. 

Soon after Thursday's opening bell rang at the New York Stock Exchange, the stock began trading at more than $24 a share – nearly 50 percent higher than its IPO price, CNBC reported. It closed at $24.48, valuing the Los Angeles company at $34 billion.

Saint Francis High School, a private Roman Catholic school in Mountain View, disclosed Thursday that it invested $15,000 of the institution’s endowment fund in Snap’s seed round of financing in 2012. 

"I am absolutely celebrating. This is a tremendous day!" said former principal Kevin Makley.

That money translated into more than two million shares for Saint Francis. Of that, the school has sold 1.4 million at $17 a piece, earning nearly $24 million, officials said.

"We knew teenagers were using it and this would be something big for social media," Makley said.

Saint Francis still holding on to roughly 600,000 shares, knowing that they may end up being even more lucrative. 

"When we started this fund so many years ago, this is what we dreamed about. Now the dream is true!" Makley exclaimed.

Five years ago, Natalie Eggers, then a student at Saint Francis, alerted her father, a venture capitalist, about the burgeoning social messaging app. She said all her friends were obsessed with it. 

Popular with the young people, Snapchat is best known for disappearing messages and quirky face-filters for jazzing up selfies.

Barry Eggers, a partner of Lightspeed Venture, listened to his daughter and his firm became one of Snap’s first investors with $485,000 in early 2012, the New York Times reported. Lightspeed invested a total of $8.1 million in Snapchat over the years. 

Eggers also persuaded SF Growth Fund, Saint Francis' student-run endowment fund that helps pay for scholarships and subsidized tuition, to get in on Snap, he wrote in a post published on the company's website. 

"Snap’s IPO represents an incredible opportunity to help the school, its students and their greater community for years to come," Saint Francis said in a statement. 

The school is still working out exactly how the money will be spent, but officials say the financial aid program is their top priority.

"It’s good news for the school," said parent John Dugan, a "tremendous opportunity."

The Associated Press contributed to this report.



Photo Credit: Getty Images
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Chelsea King's Family Talks About Chelsea's Law, Years Later

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It has been years since the death of Chelsea King and the implementation of Chelsea's Law, but her parents say their work is far from done. 

Chelsea King, 17, was killed on Feb. 25, 2010 by a known sexual predator while she was out running at the Rancho Bernardo Community Park. It was a case that shook San Diego to its core.

Her death led to changes in the way the law treats convicted sex offenders. 

But Brent and Kelly, Chelsea's parents, say there is more work to be done across the nation. 

"What we’ve been able to accomplish here in California and in San Diego is what we want to accomplish across the country, so that is a never ending challenge," said Kelly. "We welcome it with open arms, but it’s a long hard road, but we’re not about to stop until we make sure the kids not just in California but across the country are as safe as the kids are here."

The couple are working on taking Chelsea's Law to other states and encouraging lawmakers to adopt all or part of it. They are also working with the state of California to ensure the law stays strong. 

"It's working exceptionally well," Brent said. 

But, Brent said, there are still flaws in the way the law deals with sex offenders. 

"We still categorize every sex offender the same," Brent said. "We don’t separate them out, and there’s real value separating them out because the ones that are extremely violent – we need to make sure we manage them in that form that best protects us. We can’t just group them all together."

This Sunday, thousands of San Diegans will gather at Balboa Park this Saturday to finish Chelsea's Run for the annual event that honors the slain Poway teen.

The event, now in its seventh year, aspires to draw people together in remembrance of the late Chelsea. Girl Scouts of San Diego is partnering with Chelsea's Light Foundation to bring locals together at Finish Chelsea's Run.

The event includes the 5K run, a family festival, children activities, team exercises, including Zumba and an obstacle course, as well as live entertainment and refreshments, said event organizers.

Chelsea's family created the foundation so that their daughter would never be forgotten and continue to spread her sunshine and positivity to others even after her early passing.

If you would like to run, you can register at the run on the day of the event. Registration fees for entry prior to the run is $40 for adults, $25 for youth and $10 for children ages five and below.

Proceeds from the event will support the Chelsea's Light Foundation Sunflower Scholarship fund, said event organizers. It's a scholarship for college-bound students who embody King's spirit, work ethic and thirst for knowledge.

The proceeds will also benefit Girl Scouts San Diego to help keep the organization affordable and accessible to girls.



Photo Credit: NBC 7 San Diego

SDPD Searching for Woman Last Seen Near Sunset Cliffs

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San Diego Police (SDPD) are searching for a woman last seen near San Diego's iconic Sunset Cliffs region. 

Amanda (Mandy) Cruse, 30, first arrived in San Diego on Feb. 18, 2017 from out of town. 

On that Saturday, nearly two weeks ago, Cruse visited the Sunset Cliffs region on Point Loma, near Ocean Beach. 

The following day, in the early morning hours of Feb. 19, Cruse may have went back to the Sunset Cliffs area, near Monaco Street. 

Cruse was known to take photographs and may have been in the area to capture photos, police said. 

SDPD Officer Billy Hernandez said authorities do not know the circumstances of how she went missing. There is no reason for police to think the report is false.

Cruse's family flew in from out-of-state and handed out fliers in the Sunset Cliffs area, according to SDPD Lt. Holden, but they have since left town.

Cruse, a Sri Lankan native, is described as 5 feet 3 inches tall, 115 pounds, with black hair and brown eyes. She was last seen wearing a grey sweatshirt, blue jeans and black white converse sneakers. 

Any information on Cruse is asked to contact the San Diego Police Department at (619) 531-2000 or Detective Shelly Luna SDPD Missing Person’s Unit (619) 531-2277.



Photo Credit: San Diego Police Department

Zappy Pizza Hate Crime Case To Go To Trial

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When Terrance Crow Jr. walked into Zappy Pizza in Rolando on October 30, he immediately began loudly proclaiming his patriotism and how he despised Muslims, according to eyewitnesses who testified this week in a San Diego courtroom.

Crow was joined by Scott Peretti in a verbal attack against two customers, the eyewitness told San Diego Superior Court Judge Leo Valentine. One of the eyewitnesses, identified as John Smith by the court in order to protect him against reprisals, said "as soon as they saw the two women waiting for pizza, they started making comments about them."

The two women were described as young Muslims wearing traditional Muslim dress, including headdresses.

According to Smith, the insults continued and one of the two men (it is unclear if it was Crow or Peretti) spoke to the women and said, "I love my country, the country where you can say ‘f---astan’, where I can wipe my ‘a—’ with the Koran every day.”

Smith said he was "offended” by the insults, but said nothing at first. As the insults continued, Smith, who said he did not know the women, began to address Crow and Peretti, according to San Diego County Deputy District Attorney Oscar Garcia.

Smith told the court, he said, "I was born in San Diego, this is my country too.” According to Smith, the men turned to him and said, “You need to get out of this country.”

He said the men seemed to be offended by his words, became more aggressive and began to move toward him.

"You need to leave the country, you don't belong here", Smith said the men told him as they took a couple more steps toward him before “throwing punches” at him.

Smith told the court he tried to protect himself by keeping his hands up, but the punches landed on his arm, his side, his forehead and his face. According to court testimony, this is when a third man, Sean Arevalo, entered the pizza shop.

In court, another eyewitness described how Arevalo reached into his pocket for something. Smith said he thought it was a knife and backed himself into a corner of the small shop as the three men surrounded him.

According to court testimony, Arevalo hit Smith in the head, knocking Smith to the floor. The men then told him to “stay down” before leaving the pizza shop.

Someone Garcia described as a "good Samaritan” got the license plate number of the car the men got into. The car was later stopped by a San Diego Police Department officer and a curbside lineup was done for witnesses to identify the men.

Peretti, Crow and Arevalo are charged with felony hate crime and interfering with the civil rights of another, according to court documents. Garcia said when the insults turned to physical violence, the crime was no longer a hate incident but a hate crime. Arevalo was also charged with possession of “metal knuckles” because according to Garcia, he used “brass knuckles” when hitting Smith in the head. In California law, possessing brass knuckles, described in the law as "metal knuckles", is a felony.

In court this week, Judge Valentine found enough evidence to move the case forward. The three men are scheduled to be back in court on April 10 and a jury trial has been scheduled to begin April 18. If found guilty, the men could get up to three years in prison.

The three men have pleaded not guilty to the charges. NBC 7 Investigates reached out to Peretti, Crow and Arevalo’s attorneys. The attorneys for Crow and Arevalo said neither they nor their client have any comment on the case. Peretti’s attorney has yet to respond.

This case has received national attention online in blog posts and on Facebook. According to the posts, the incident between Smith and the three men erupted over political tension involving now President Donald Trump, involved mutual verbal attacks and resulted in a scuffle.

Roger Ogden, the author of some of the blog posts is soliciting donations online to cover the three men’s legal costs. So far, according to the online posting, 30 donors have contributed more than $2,200.00 towards a $5,000 goal for "three Americans falsely charged with a hate crime."

NBC 7 Investigates asked Ogden if the money raised was going to the two public defenders and the private attorney representing the three men but has yet to receive a response.



Photo Credit: NBC 7
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Student Behind Muslim Internment-Style Fliers Speaks Out

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The UC San Diego student behind the controversial fliers calling for the removal of Muslims at the college told NBC 7 San Diego that the entire incident was a big misunderstanding.

The student, who wished to remain anonymous, claimed responsibility for the posters, which take the form of Internment Notices that signaled the roundup of thousands of Japanese Americans during World War II. The posters were uncovered Wednesday night in at least two residential halls. 

The student told NBC 7 that he is Japanese-American, a key piece of context that got lost in the stunt.

He explained that his grandparents were in an Internment camp, camps that happened in part because there were not enough people voicing opposition to them. 

By putting up the fliers, he said, he wanted to start a conversation about Muslims in America. 

"Actually, I do kind of find the extent to which people are angry kind of comforting, because it means they care," the student said. "And it means that history probably won't be repeated, but again, this went farther than I wanted it to."

He says most people saw the signs and had an immediate reaction, but many missed the red writing at the bottom: messages of solidarity from the Japanese.

The UCSD Triton Newspaper first alerted NBC 7 to the story. The posters caused quite a stir inside Argo Hall, a residential hall in Revelle College.

In part, the poster read: 

"All Muslim persons, both alien and non-alien, will be evacuated from the above designated area by 12:00 o'clock noon Wednesday, April 8, 2017. No Muslim person will be permitted to enter or leave the above described area after 8:00 a.m., Thursday, April 2, 2017, without obtaining special permission from the Provost Marshal at the Civil Control Station..."

Students who spoke to NBC 7 on Thursday said they were initially outraged at the fliers and the tone it took about the Japanese internment.

One student, Kalpa Semasinghe, said the poster made him feel "disgusted."

When Semasinghe read the red print at the bottom, and learned that a Japanese-American had posted the sign, his attitude changed. 

The President of the Muslim Student Association on campus said that he felt calmer about the posters once he understood the creator's intention. 

"So I'm a lot more calm about it now," said Tarek Gouda, president of the Muslim Student Association. "And now I understand that the person who posted it did it with good intent. I do think there could have been more communication maybe with the Muslim and Japanese students on campus."

UC San Diego has a history of racial unrest. In 2010, the Compton Cookout party that mocked Black History month drew backlash and sparked protests on campus.

In two other incidents in the following weeks, a noose was found hanging in a campus library and a KKK-style hood was placed on a statue outside the main campus library.

The incident comes amid a spike of hate crimes and other hate-related cases in the U.S. in recent months.

According to the Southern Poverty Law Center, the number of hate groups rose from 892 in 2015 to 917 in 2016. The number of anti-Muslim hate groups saw the greatest rise, increasing to 101 from 34 in 2015, according to the annual census of hate groups by the SPLC. The increase in anti-Muslim hate crimes coincided with the increase of these hate groups, the report said.

The student behind the posters said overall, he thinks the fliers were a failure, but told me one of the goals of the project was to get people fired up. 

He just did not account for how fired up they would actually be. 



Photo Credit: NBC 7

City of San Diego to Pay Out $4.8M to Cyclist After Crash

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The City of San Diego will pay a cyclist $4.85 million after he suffered serious injuries while riding his bike on a sidewalk with uneven pavement. 

In an accident in 2014, Clifford Brown was riding his bike on College Avenue in San Diego's Del Cerro neighborhood around 1 p.m. when he hit a portion of uneven pavement.

He was launched more than 20 feet in the air and suffered spinal injuries, head injuries, and several of his teeth were knocked out.

Through an attorney, he filed a lawsuit against the City of San Diego.

The lawsuit claimed the City was responsible for the poorly maintained sidewalk in Del Cerro.

Tuesday, the City of San Diego will ratify the settlement. 

In a statement through a spokesperson, the City of San Diego said: “the settlement isn’t about making someone rich, but about making sure Brown is able to pay for his medical expenses for the rest of his life”.

Local bicyclists say they still see dangerous cracks and uneven pavement on City streets. 

“Via Capari, the decent off of Mount Soledad has a lot of very unsafe raises in pavement, cracks,and potholes. You know there are a lot of areas like that around the city," said bicyclist Stephen Roehrs.

Roehrs, the owner of Adams Avenue Bicycles, said he has also seen more and more bicyclists riding dangerously. 

"I see more and more lately with people driving and using cell phones is a huge risk for bicyclists," he said.

A personal injury attorney not associated with this case said the City’s efforts to save money during the Great Recession are likely coming back to bite them in the wallet.

“When you slash the funding and you have more areas that are in disrepair, you're going to have more injuries," said Nathan Cowan.



Photo Credit: NBC 7 San Diego

Coronado Split on Sanctuary Home for Sex Trafficking Victims

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Plans to establish a sanctuary home for survivors of sex trafficking are dividing residents of Coronado.

The transitional house will be set up in a large, well-known home in Coronado. NBC 7 is not giving the location to help protect the privacy of potential future occupants.

“I don’t see what’s wrong with it,” Coronado resident Debra Smith said. “It’s going to help people. Why wouldn’t people want to help people?”

Not everyone feels the same way as Smith, though.

People living near the home are concerned about the impact it could have on property value, as well as potential crime. They also question whether a residential neighborhood, one in an affluent place like Coronado no less, is the right place for this type of establishment.

“You’ll always be looking back and wondering, is that person legitimate who’s living there,” said longtime resident Claudia Holman.

Nearby residents say they were never formally notified of the home, and found out about it when a local newspaper published the address online.

On Wednesday night, more than 200-people packed the Coronado Public Library to learn more about the home.

Dan DeSaegher, Executive Director of GenerateHope, the nonprofit organization setting up the housing, tried to quell concerns by reassuring them of his plan and the home’s mission.

DeSaegher said that once established, the house will have six residents and two so-called ‘house moms’. The early plans call for 12 to 16-month stays for residents, but DeSaegher says that this is the first “community home” the nonprofit has ever established.

“I wonder how they will make the transition from living in ‘la la land’ out in the real world,” Holman added. “But, of course, we wish them the best.”

DeSaegher did add that he wants to be a good neighbor and transparent about the process.

The house is legal under state regulations, but one resident was concerned it ignores Coronado municipal code and should not be in a residential zone.

“If it walks like a duck, talks like a duck, looks like a duck- it’s probably a duck,” said Coronado resident Casey Blitt. “And this is a business and it does not belong in a residential area.”

Blitt was also discouraged by the fact that GenerateHope never came to the citizens of Coronado, the mayor or city council directly before announcing the plan.

Pregnant Giraffe ‘Growing' and 'Contact' Made With Baby: Zoo

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Worldwide animal sensation April the pregnant giraffe is “growing” even more and her keepers were able to feel the baby moving in her belly, the upstate New York zoo that’s been monitoring her health and updating her millions of fans said in a daily update.

“April is – without question – growing!” the Animal Adventure Park posted to Facebook Thursday night. The Harpursville zoo said keepers were able to “get hands on the belly” and “make contact” with April’s baby giraffe. The observation comes a day after the zoo reported “significant movement” and “strong kicks from within!”

In Thursday night’s update, the zoo also said April appears “a little more on edge” and is “not being as lovely as usual.” This echoes the zoo’s report Wednesday night that the giraffe’s behavior is changing as the birth nears. Her keeper and vet documented “increased tail raising and holding,” as well as "periods of increased movement/pace” Wednesday night.

April’s condition was pretty much unchanged Thursday morning, the zoo said, adding that there was "a lot of behavior that had us on our toes but no acknowledgeable active labor at this time." The zoo predicted that a cold front moving in Thursday and into the weekend might “shake things up” for the pregnant giraffe.

Over the last week, April has captivated tens of millions of people across the world who have been checking in on her via the live stream in anticipation of the birth of her fourth calf.

Some 60,000 people were tuned in to the stream at the crack of dawn Thursday. The graceful giraffe appeared calm and collected as she picked at stray pieces of hay and stretched around to scratch a back itch. Watch it above.

The zoo, which unveiled April-inspired emojis and t-shirts as the fan base for the 15-year-old long-necked beauty continues to swell, said twin Barbados lambs and a Patagonian Cavy were born early Wednesday.

"Babies babies everywhere!" the Animal Adventure Park posted Wednesday morning. "Just not yet in the giraffe barn."

April's pregnancy was catapulted into global headlines last week after YouTube briefly yanked the zoo's live stream following complaints by animal activists that it violated the site's policies concerning "nudity and sexual content." Thousands upon thousands of commenters voiced their frustration on Facebook and YouTube, and the stream was restored within an hour or so. 

Giraffe pregnancies last for 15 months. Labor lasts anywhere from a few hours to a few days. Once April goes into active labor, zookeepers will go in to help her the rest of the way. The calf will be about 150 pounds and 6 feet tall at birth and up and walking in about an hour.

The zoo said it will hold an online competition to name the baby giraffe once it's born.


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Judge Approves $1M Settlement for Man Killed in CBP Custody

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The family of a man killed in U.S. Customs and Border Protection (CBP) custody in 2010 held a press conference Thursday after a federal judge approved a $1 million settlement in his wrongful death case.

Anastasio Hernandez-Rojas, 42 years old at the time of his death, suffered a heart attack following a physical altercation with CBP agents that was subdued when officers deployed a stun gun, according to the Justice Department.

“My husband’s life does not have a price,” said Hernandez-Rojas’ wife Maria Puga, speaking through an interpreter. “This was a decision that had to be taken. It was difficult, but we had to turn the page.”

The moment Hernandez-Rojas was killed was captured on cell-phone video by two pedestrians on a now non-existent pedestrian bridge above where his skirmish with CBP agents took place. It has not been released, but his family hopes that the release of supplemental footage will send a message nationwide.

Four minutes of security camera footage from the San Ysidro Port of Entry released by the Southern Border Communities Coalition (SBCC) shows Hernandez-Rojas in CBP agent custody moments before his death.

The SBCC says the video shows agents pushing Hernandez-Rojas against a wall, kicking his feet and denying him medical assistance when he requested it.

In 2015, the Justice Department decided not to file charges against the 12 CBP agents involved in the incident, despite the stunning of Hernandez-Rojas occurring while he was handcuffed and on the ground in fetal position, according to Iredale.

“My feeling is that it’s an embarrassment,” Puga said. “It’s an embarrassment that this agency continues to have those 12 agents working- those agents that killed my husband.”

Puga’s family attorney said that the quality of the video recorded on cell phones of the time is not that good, but you can hear Hernandez-Rojas plea for help and compassion.

“[The witness video] is not really good video because the lighting conditions were such that you can’t see that much,” Attorney Eugene Iredale said. “You can only hear the words of Anastasio Hernandez-Rojas saying over and over again, ‘Ayudame, por favor. Ayudame.’ (Help me, please. Help me.) and then ‘No me trates como un animal.’ (Don’t treat me like an animal.)”

“We’ve always known that they are guilty, and that they are the murderers of my husband,” Puga said. “We hope that with this phase we are able to strike them and expose how corrupt this agency has been for many years.”

Pedro Rios, President of the U.S.-Mexico Border Program for the American Friends Service Committee, says the persistence from Puga and her family was not in vein.

Rios says that the CBP’s Use of Force Manual has been made available to the public, which has never been the case in its 90 years of existence.



Photo Credit: NBC 7
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