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Nearly a Quarter of San Diego's Workforce Is Millennial

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A new report shows the local tech industry of San Diego could benefit from a large millennial workforce. 

According to the research firm, Cushman and Wakefield, over 24 percent of San Diego's metropolitan population is millennial. 

"Here we have a healthy set of mentors and a healthy set of companies willing to work with young entrepreneurs," said Venkat Shastri, a professor at the University of San Diego School of Engineering. 

At the University of San Diego, students are encouraged to create their own startups. 

Austin Hirsh, a senior, didn't like doing yard work and is now designing a lawn mower that will mow the grass for you. 

"I think the San Diego community is just helpful in general to new entrepreneurs like me," said Hirsh. 

Other students agree that San Diego fosters a learning environment perfect for millennials entering the workforce. 

"There's a lot of opportunities around here," said Christian Yee-Yanagishita, an engineering student at USD. "A lot of my friends have gotten internships with engineering companies and stayed in San Diego." 

And despite a recent survey that shows that San Diego might not be the best for millennial living due to higher rent and home prices, Shastri adds he believes it is a great place for those in biotech, cyber security and engineering. 

"The next wave of life-changing drugs and changing technologies will be developed by millennials," he added. 


Trump Mocks Christine Blasey Ford at Rally

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President Donald Trump on Tuesday mocked allegations made by Christine Blasey Ford that Judge Brett Kavanaugh sexually assaulted her at a high school party more than 30 years ago.

Kearny Mesa School Needs to Raise $300,000 or It May Close

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When they found out their school might close, hundreds of students at a Kearny Mesa public charter school immediately reached into their pockets and donated $200 to the school.

The School for Entrepreneurship and Technology is nearly $500,000 in debt and may have to close if they can’t reach $300,000 by the end of the month.

“We kind of expected there to be 40 to 50 more students in our door and that kind of equates to a lot of money,” says Assistant Principal Darrell McClendon.

Teacher Nicky Geis says she was devastated when he found out the school might close. “I love this school and we as a staff, it was, it was tough,” she says.

Geis tells NBC 7 that when the students found out the school might close they started brainstorming ideas to raise money. My students were like, 'Mrs. G! We got this idea! We got this idea! What if we do this? What if we do that?'”

So far, the school’s Go Fund Me page has raised nearly $7,000 of their $500,000 goal. “The clock is ticking and the clock is ticking louder,” McClendon says. “This is not a plea to save our jobs. It's a plea to save our kids.”



Photo Credit: NBC 7

WATCH LIVE: 49th Congressional District Debate

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Watch the debate stream right here on NBC7.com or on TV at NBC 7 at 6:30 p.m.

Diane Harkey and Mike Levin, candidates for the 49th Congressional District seat, will face off in a debate Tuesday live from the NBC 7 studios in Kearny Mesa.

Harkey, a Republican who has earned an endorsement from President Donald Trump, is a current member of the California Board of Equalization. 

Democrat Mike Levin was praised in a speech by President Barack Obama last month as a champion for environmental issues and climate change. 

Candidates will hear questions from a live audience screening the debate at Mira Costa College in Oceanside. Expected question topics include immigration, guns, the Supreme Court and the president.

Harkey and Levin advanced to the November Runoff after securing the top two spots in California’s so-called “jungle primary, which features candidates of both parties on the same ballot with the top two candidates from either party advancing.

Harkey came in first with 25 percent of the vote while Levin came in second with 17 percent of the vote.

District 49, which encompasses Encinitas, Oceanside, Vista, Carlsbad and a small part of Orange County, is represented by Republican Congressman Darrell Issa who announced his retirement in January.

Military Families Struggle for Vote on Community Board

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Military families in Tierrasanta say they feel left out of planning for their community’s future.

The Tierrasanta Community Planning Board only allows them one representative, but that representative cannot vote.

Samantha Carlson and her baby Emmett love Tierrasanta. They’ve been on a long waitlist just to live in the Lincoln military housing there. “We love the community. We love our neighbors, we love everything that's close by. We waited a while to get here so we don't plan on going anywhere,” Carlson tells NBC 7.

She says she was surprised to learn the military community doesn’t get a vote on the planning board. “Well, as military families we might only be here for a temporary amount of time but doesn't discount our vote or our opinions or how we feel about the community,” Carlson says. “So I think it's important that we're included."

Board President Jan Whitacre says they've tried to reach out to the military community for years, but they never appointed a representative. Whitacre says even though the representative wouldn't have a vote, they would a say in how the community is shaped.

In response, the city of San Diego is promising staff help to make sure the military community is heard. It released a statement saying in part:

"It is essential that community planning groups acknowledge the importance of all voices within the community and facilitate an environment where all segments of the community can come together to discuss issues.”

The planning group typically meets once a month at the Tierrasanta Recreation Center.

“As somebody who does like to participate in voting options, and does want to be a part of the community, I think it's important that the oversight is looked at."

The planning board president says so far one person has expressed interested in the position and the president is working to get that person appointed.

The next meeting is scheduled for Oct. 17.



Photo Credit: NBC 7

Trump Mocks Kavanaugh Accuser Ford at Campaign Rally

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President Donald Trump on Tuesday mocked Christine Blasey Ford, who accused Supreme Court nominee Brett Kavanaugh of sexually assaulting her when they were teenagers, despite having said previously that he found her Senate Judiciary Committee testimony last week “credible.”

In a one-man re-enactment of her testimony, with his voice alternating between inquisitor and an impression of Ford, Trump challenged the veracity of the testimony that has paused Kavanaugh’s Senate confirmation process, NBC News reported.

The ridicule of Ford, delivered at the Landers Arena in deeply conservative DeSoto County, Mississippi, is in stark contrast to the respectful way in which Trump and his aides had previously treated Ford’s testimony, even as they have stood by Kavanaugh and his assertion that he never assaulted her or anyone else.



Photo Credit: AP

1 Burn Patient, 5 Displaced in Talmadge House Fire

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One person was taken to the hospital with burns after a house fire in Talmadge.

Four adults and open child were also displaced in the fire, according to SDPD and SDFD.

The fire happened around 5:47 p.m. Tuesday evening at a home in the 4400 block of Highland Avenue.

The Red Cross is assisting in finding shelter for those displaced. 

There is no word on the extent of the burn patient's injuries. 

West Fire Burn Area in Alpine Prepares for Rain

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San Diego County is expecting to see more scattered showers. It is the first rain since the West Fire which burned through parts of Alpine over the summer leaving dozens of homes destroyed or damaged.

Barriers made of straw called “straw waddles” can be seen in yards and hillsides throughout the community to protect against flooding.

“When it comes down it really comes down hard and fast and that straw waddle is really going to help keep the erosion down,” says Jeff Thomas.

Thomas is one of the remaining residents in this area of Alpine that was so badly burned. While he lives on the top of a hill he worries about his neighbors below. “Up in Malibu and everything after the fires and everything they had the really bad mudslides.”

The county has provided the “straw waddles” for free to people who have property in the burn area. They just have to pick them up.

At the Alpine Fire Protection Station free sandbags are available outside front. The limit is 10 per family.

At nearby Alpine Landscape Materials you can fill them up for free or buy prefilled bags for a few bucks.

Jason McBroom, Fire Marshal with the Alpine Fire District says the big worry is out in the areas where fire has left the ground bare. “Since there's no root base holding everything in place - so if we do get those flash floods it's going to move the earth and take it sliding right down the slopes,” he says.

People visiting the local hardware store tell NBC7 they would like to see a little rain, but not the type of rain that will do damage to people starting to rebuild.


Intruder Tried to Sexually Assault Sleeping Pacific Beach Woman: PD

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San Diego police are on the hunt for a man who investigators say broke into a woman's Pacific Beach apartment and tried to sexually assault her as she slept.

The break-in happened around 2 a.m. Monday on Chalcedony Street near Cass Street.

Police say the man ran away when she woke up.

Hearing about the brazen assault shattered fellow Chalcedony resident Polly Moore's sense of safety.

“That’s terrifying. Scares the crap out of me,” Moor said. “That’s traumatizing. I don’t even know how to deal with that."

According to Crimemapping.com, this is the second sex crime within the same block of Chalcedony Street within the past two-and-a-half months.

How the prowler got into the woman's apartment is still under investigation.

Neighbor Greg Christenson said he’s taking precautions to protect his family after hearing about the assault.

“You come into my bedroom, there’s a couple things that are going to happen including a bat that’s by the door,” Christenson said.

At this time police don’t have a concrete description of the suspect. Anyone with information can leave an anonymous tip with Crime Stoppers online or by phone at (888) 580-8477.

Chargers Make Unexpected Kicking Change

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There was a move that was expected to take place Tuesday during the Chargers off day. Many expected kicker Caleb Sturgis to be released after a forgetful performance on Sunday in a 29-27 victory of the San Francisco 49ers. Instead the team released punter Drew Kaser and signed 15-year veteran Donnie Jones.

The 38-year old punter was on the Philadelphia Eagles team for the last five seasons. After winning the Super Bowl last February with the Eagles, Jones retired, but had a change of heart and has been pursuing a job with another team.

During his tenure with the Eagles, Jones was also Sturgis’ holder for field goals. During that span Sturgis made 85 percent of his field goals. The Chargers brass is hoping lighting can strike twice.

There were a lot of negatives in the kicking game in the Chargers victory over the weekend. Sturgis was 3 for 4 in field goals, missing a 54-yarder, and was 0 for 2 in extra points. Lucky for the Chargers they were able to overcome the lost points, unlike in the past. After the game Chargers head coach Anthony Lynn said they would look at every aspect.

“The kicking game — that's something we're evaluating right now,” explained Coach Lynn. “What we're looking at, it's not just the kicker. It's the snapper, the holder. We're looking at the whole process. That has to improve and it's going to.”

The former sixth-round draft pick has had a career 47.4-yard punting average and has been top-10 (7th) in average this season, but he was already in the dog house with Lynn because of inconsistencies. In the past, Kaser was replaced twice for then back-up quarterback Kellen Clemens because of his lackluster job as the team’s holder.

Two weeks ago, when the Chargers faced the Rams, Kaser had to punt from his own end zone and he took a three-step punt, which was blocked and recovered in the end zone for a touchdown. Lynn was not too pleased then either.

"We have to do a better job executing with our punter, number one,” said Coach Lynn. “You can't take a three-step approach when you're backed up like that. [It needs to be] one step and get the ball out. The ball should be gone.”

The kicking game has been a mess for the Chargers for the past few seasons and they hope bringing in Jones will change the kicking game for the better because, as we saw last season, having a bad kicking team can be the difference between the playoffs and the couch.



Photo Credit: Getty Images

Kavanaugh Denies Rape Claim Made by Oceanside Jane Doe

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An anonymous letter signed by a “Jane Doe” from Oceanside contains explosive allegations of rape and sexual assault against Supreme Court nominee Brett Kavanaugh and an unnamed friend of Kavanaugh’s.

Those allegations, first referred to last week in a document released by Senate Judiciary Committee Chairman Chuck Grassley, are detailed in a transcript of a September 26 phone conversation between Committee staff and the nominee.

During that 20-minute phone conversation, a Committee staffer read Kavanaugh the entire 2-and-a-half page letter, which was addressed to Senator Grassley and mailed to Senator Kamala Harris’s downtown San Diego office on Sept. 19.

“Kavanaugh kissed me forcefully,” wrote the alleged victim, who described what happened when she accepted a ride home from a party with Kavanaugh and his friend.

The letter recounts in graphic detail the alleged rape and sexual assault.

“They dropped me off two blocks from my home,” the alleged victim claimed. “‘No one will believe you if you tell. Be a good girl,’ he told me.”

According to the transcript, the letter contains no identifying information about the alleged incident and no details about the alleged victim. It is signed, “Jane Doe, Oceanside, California.” There was no return address on the envelope.

In his conversation with committee staff, Kavanaugh unequivocally denied each and every allegation.

Asked if he had any questions for committee staff, Kavanagh said “Nothing -- the whole thing is ridiculous. Nothing ever -- anything like that, nothing. I mean, that’s -- the whole thing is just a crock, farce, wrong, didn’t happen, not anything close.”

Attorney Dan Eaton, who has closely followed the Kavanaugh nomination, told NBC 7 that the anonymous letter will have little or no impact on the Senate debate, because it contains no information about the alleged victim and no viable leads that could help investigators find the letter-writer.

"There's nothing to go on,” Eaton said. “So I don't see this letter having any impact at all on the nomination."

Eaton said Kavanaugh’s detractors could still use the unsubstantiated allegations to attack the nominee’s reputation. Eaton also said the letter -- and other claims of sexual misconduct -- can also be fuel for critics who will second-guess Kavanaugh’s motives and judicial rulings, if the Senate does approve his nomination to the nation’s highest court.

“But it won’t affect one important thing,” Eaton said. “It won’t affect the fact that he has a vote on the Supreme Court, and that that vote may very well be decisive on a lot of very, very important issues that will come before the court in the months and years ahead.”

Therapy Dog Who Lost Her Paws Named 2018 American Hero Dog

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A golden retriever found inside a trash bag in a dumpster has been named American Humane's 2018 American Hero Dog for overcoming her severe injuries and becoming a certified therapy dog, "Today" reported.

Chi Chi lost all four legs after being bound and left for dead in the dumpster in South Korea. But animal workers found her and revived her, and her story caught the eye of a family in Arizona. The Howells adopted Chi Chi, who learned how to walk and eventually got two sets of prosthetic legs.

She's since become a therapy dog and had cancerous tumors removed, making her a cancer survivor as well. 

"When people meet Chi Chi, they are inspired by her courage, perseverance, ability to overcome adversity and her never-give-up attitude," Elizabeth Howell said in a statement released by American Humane.



Photo Credit: Courtesy of Robert Fugate
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List: California's Deadliest Wildfires

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California communities faced some of the deadliest and most destructive wildfires in the state's history in October 2017. Fanned by strong wind gusts, flames raced through parts of several North Bay counties during the October Fire Seige, a deadly complex of wildfires fanned by strong winds.

It is a tragic reminder of the potential for devastation in a state where dry conditions, powerful October winds and heat combine to increase the threat of rapidly spreading wildfires.

Below, a look at some of the state's deadliest fires.

Griffith Park Fire, October 1933

What started as a debris pile fire in Los Angeles' 4,300-acre park at the eastern end of the Santa Monica Mountains became California's deadliest wildfire. On Oct. 3, 1933, Depression-era workers were taking care of other projects in the park when they were dispatched to fight the fire. Not trained in firefighting, they were unable to contain the flames and the fire spread to nearly 50 acres. Fanned by shifting winds, the fire raced up a canyon and overwhelmed workers. Twenty-nine were killed.

Oakland Hills (Tunnel) Fire, October 1991

Also called the Tunnel fire, the firestorm scorched hillsides in northern Oakland and southeastern Berkeley during an October weekend. The fire, rekindled from an earlier grass fire, burned only 1,600 acres — not large when compared to other wildfires on the list. But it was located in a densely populated area with houses and other buildings in its path. Fanned by powerful wind gusts, the flare-up grew into a wall of fire that left some residents trapped in an inferno that resulted in 25 deaths. Nearly 3,000 structures were destroyed.

Tubbs Fire, October 2017

The Tubbs fire part of a complex of wildfires known as the October Fire Siege in California's Wine Country. The fire, fanned by unrelenting winds in Sonoma and Napa counties, resulted in 21 deaths and destroyed 5,643 buildings, according to CAL FIRE.The fire started in the Calistoga area on the night of Oct. 8, spreading at a stunning rate and burning through entire neighborhoods, forcing some residents to run from their homes in search of shelter. The official cause remains under investigation.

Cedar Fire, October 2003

The catastrophic San Diego County Cedar fire remains the largest fire in California history. It also is one of the deadliest. The 273,000-acre firestorm wiped out 2,820 structures and resulted in 15 deaths. The fire, started by a lost hunter who set a signal fire in Cleveland National Forest near Julian, stormed through wilderness areas and rural communities.

Rattlesnake Fire, July 1953

In the summer of 1953, an arsonist set two fires in Mendocino National Forest in Northern California, setting off a chain of tragic events that would become a textbook case in studies of firefighting. Firefighters quickly got a handle on the first, but spot fires developed during the evening when winds fanned the second fire. Most were extinguished, but one flared up and quickly spread as firefighters sat down for a meal. Some of them ran uphill to a firefighter who warned them about the fire, but 15 who tried to escape down the canyon were overtaken and killed. A boulder at the Grindstone Overlook on Forest Highway 7 has a plaque with the victims' names. 

Loop Fire, November 1966

On Nov. 1, 1966, 12 members of the El Cariso Hotshots -- specially trained firefighters who ranged in age from 18 to 26 -- were killed. Again, a firefight turned deadly because of shifting winds. Some crewmembers were trapped when gusts carried spot fire flames up steep Pacioma Canyon in Angeles National Forest north of Los Angeles. Many of the 19 Hotshots who escaped suffered critical burns. El Cariso Park in Sylmar stands as a memorial to the victims.



Photo Credit: Getty Images
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1st Fall Storm Could Bring Thunder, Lightning to SD County

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While one storm system has moved out of San Diego County, another is making its way from the northwest and was expected to bring rain and thunderstorms to North County and beyond. 

Some sprinkles could begin falling in areas like Oceanside and Temecula as early as Wednesday morning but the brunt of the storm was expected in the evening, according to NBC 7's weathercaster Llarisa Abreu. 

"That frontal boundary won't be making its way towards the area until later on this evening and that's when we will see the bulk of the precipitation," Abreu said. "And I think the sweet spot for the storm will be setting up shop across the North County."


Do you have weather video or photos to share with NBC7? Email isee@nbcsandiego.com, message us on Facebook or tag us on Instagram

Oceanside and Fallbrook could receive just under an inch of rain.  

There is a chance the North County will see thunderstorms from 4 to 8 p.m., the National Weather Service said. Coastal areas may even see lightning. 

Though no flash flood watches or warning were scheduled for Wednesday, rain has the potential to bring mudslides in areas scarred by wildfires, according to the National Weather Service.

East County residents affected in July by the West Fire, which burned 34 homes in the foothill community of Alpine, were preparing for the rain and potential flooding with sandbags and straw waddle

Those areas were not expected to receive much rainfall but some sprinkles could bring less than a tenth of an inch of rain, the NWS said. 

In the mountains, the storm was expected to increase wind gusts during the afternoon and through the night into Thursday. Gusts will be in the 30 to 40 miles per hour range. 

While the last storm system was tropical, this system was expected to be cool and less humid -- a weather pattern more common in the fall.

The chance for rainfall diminishes on Thursday, though clouds will remain through the weekend. 


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Angel From Heaven: Firefighters Help Couple in Time of Need

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Firefighters in North County went beyond the call of duty to help a Mount Helix couple who was struggling to clear fire-prone brush from their yard. 

The Cotters had received a notice from the San Pasqual Fire-Rescue Department warning them to clear the brush from their half-acre property.

But Edward Cotter recently received surgery to his back, preventing him from getting the work done himself -- and medical bills were mounting, preventing them from hiring outside help to clear the brush. 

San Pasqual Fire Chief Jeff Shinn learned of the couple's predicament when returning to the home to give another notice to the Cotters about the building brush. 

The next day, twelve firefighters showed up to get to work, many on their day off. 

"You're not going to believe this -- these angels just came down from heaven," Elaine Cotter said, describing her husband's words. "They are going to volunteer and they are going to do it for nothing."

They began loading trucks with debris, about six to seven trucks-worth. The front yard had dead branches hanging from trees, weeds growing in the yard and overgrown bushes. 

"A lot of our members live and work in this community. And when we see something, I think it is just engrained in firefighters to help; we are here to help," Shinn said. 

Little did the team know, they were helping one of their own. 

"I used to be a fireman years ago. It's like a brother coming to the door," Edward Cotter told NBC 7.

"Once we got here and started working then he kind of told us about his fire service career, which makes it even better," Shinn said. "We were able to serve a brother that was also on the job years ago."

Shinn said he plans to check in with the Cotters occasionally to see if they need help.

"I think Ed was just overwhelmed that they were so nice to come in and help us," Elaine Cotter said. "It's the best thing to happen to us all year." 


San Diego Schools Prep For Emergency Alert Test on Wednesday

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Notifications are being sent to parents in San Diego County reminding them to prepare students for an emergency alert that will be sent to millions of cell phones across the United States.

As the Federal Emergency Management Agency conducts an emergency alert test at 11:18 a.m. PST, about 225 million phones will buzz across the nation, including at schools in San Diego County. 

To prepare students, some administrators in San Diego sent notifications to parents. 

"We will all be getting a text message and I don't want anyone to be alarmed," one principal wrote. 

The tone will sound similar to that of an Amber Alert or flood watch warning, and the subject of the alert will read: "Presidential Alert" and text will say: "THIS IS A TEST of the National Wireless Emergency Alert System. No action is needed."

It is the first test of the national wireless emergency system by FEMA. The message will be broadcast by cell towers for 30 minutes, so it's possible some people may get it at a different time.

The alerts will sound as long as the device is turned on — even if it's on mute or do not disturb, and it may also appear on smart watches, officials said.

A second alert on television broadcast and radio will go off at 2:20 p.m. EDT. The TV and radio alert has been tested for several years.

The Associated Press contributed to this report. 



Photo Credit: FEMA

Former CEO of Nonprofit Behind Gun Range Pleads Guilty

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The former Chief Executive Officer of a nonprofit that advocates for “constitutionally limited government” pleaded guilty Monday to federal gun trafficking charges. 

Chad Clay Kipper, the former CEO of the Freedom Fighters Foundation, pleaded guilty to the “unlicensed purchase and transportation of firearms”, according to the U.S. Attorney’s Office. 

The Freedom Fighters Foundation owns a firing range north of Escondido, near San Pasqual, according to property records reviewed by NBC 7 Investigates. 

In January, San Pasqual residents first told NBC 7 Investigates that the range has caused “chaos” in their lives, with the constant shooting and risk of a potential fire hazard for the community. Today, those residents have said the shooting hasn’t stopped. San Diego County officials have ruled the range can legally operate.

According to the criminal complaint, investigators "became aware" of the private firing range following NBC 7 Investigates’ reporting. The day after NBC 7 Investigates’ initial story aired, ATF investigators were already in the neighborhood, talking to residents in the area. 

According to the nonprofit’s website, the Freedom Fighters Foundation mission statement is to ”enlighten the participants to the misinformation and indoctrination they have received through the public education system and the media.” 

In the criminal complaint, investigators found Kipper “falsely claimed” to be an Arizona resident when he purchased 14 firearms in 2016. Kipper then “resold several of [the firearms] in California for a profit.” 

It is a federal crime for a person to misrepresent themselves or to purchase and transport firearms from one state to another unless the person is a licensed firearm dealer. Kipper was not licensed to sell firearms, nor had he registered any fully automatic weapons with the state, according to the criminal complaint. 

As part of a plea agreement, Kipper admitted to transporting firearms across state lines without a license to do so and agreed to forfeit sixteen “unlawfully obtained or possessed” firearms that ATF Agents seized during a warrant search of his Carlsbad home. Kipper is now a convicted felon and can never legally own a firearm. 

Kipper was sentenced to three years’ probation. 

NBC 7 Investigates contacted Robert Wright, the attorney representing the Freedom Fighters Foundation, who said a comment on the charges would be forthcoming. 

In April, San Diego County officials told the Freedom Fighters Foundation they had to make changes to the firing range property.

NBC 7 Investigates wanted to see what changes were made to the property. The team’s full story will be published Wednesday afternoon and will air on NBC 7 at 11 p.m.

A 9/11 Fund Compensating Sick Victims Is Running Out of Cash

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The $7 billion 9/11 Victims Compensation Fund is running out of money, its administrator said Wednesday.

NBC News reported that the fund's special master, Rupa Bhattacharyya, said in a statement in the Federal Register that the funds "may be insufficient to compensate all claims."

The fund expects to receive more than 6,500 claims on top of the 32,689 it had received by last year, Bhattacharyya said. Five New York lawmakers, including both senators, called this week for more congressional funding to the fund.

More than 2,000 people are estimated to have died from illnesses linked to the response to the Sept. 11 attacks. The Zadroga Act set aside $7.3 billion to compensate the victims and relatives of the dead.



Photo Credit: Alex Wroblewski/Getty Images, File

Smoke Grenade Prompts Bomb Squad Response

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A report of a grenade on a sidewalk in Rancho San Diego prompted a response from a bomb squad that was quickly cleared Wednesday.

A man walking his dog spotted what appeared to be a grenade at about 10 a.m. near Hillsdale Road and Corona Vista, less than a mile from Vista Grande Elementary School and north of Cottonwood Two County Park, the San Diego Sheriff’s Department said. 

SDSO said closed some roads and diverted traffic as the sheriff's bomb/arson strike team investigated. 

By about 11:15 a.m, the scene had been cleared after SDSO investigators determined it was a smoke grenade that did not pose a threat, the San Miguel Fire Department said. 

No other information was available. 



Photo Credit: NBC 7

Laquan McDonald Murder Trial's Possible Outcomes

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It has been almost 50 years since a Cook County jury convicted a Chicago police officer of first-degree murder. But when the eight women and four men who will decide the fate of Jason Van Dyke retire to the jury room and begin their deliberations, they will be left with few choices.

The Charges
Van Dyke now faces two counts of first-degree murder and one count of official misconduct in connection with the 2014 killing of Laquan McDonald. There are also 16 counts of aggravated battery, one for each shot fired at the 17-year-old on Oct. 20. 

What the Jury Could Decide
Jurors will have to make a possibly painful decision about whether Van Dyke’s actions rose to the level of murder, something other juries around the country have found difficult to do. If convicted, Van Dyke could face up to life in prison.

If jurors find him not guilty on the first-degree murder charges, their next and more lenient option would be to convict the 13-year CPD veteran of the lesser charges of aggravated battery.

They could also choose to convict on some charges and not on others. Such a choice relieves some of the burden on jurors, but still gives prosecutors a conviction that could result in significant jail time for Van Dyke.

If the jury cannot agree on a verdict, they will tell the judge who will likely tell them to try again before he declares a mistrial. If that happens, the prosecution has the option to re-file some or all of the charges against Van Dyke. A new jury will be picked and a second trial will be held.

The jury also could find Van Dyke not guilty on all charges - a complete acquittal. If that happens, he will walk free.

The Trial So Far
Defense attorney Dan Herbert is taking a risk by relying on 12 men and women to decide to Van Dyke’s fate. He could have bypassed a jury entirely and chosen a bench trial where only the judge hears the evidence and makes the ruling. That would have minimized the emotional impact of seeing the teenager shot 16 times on dash-cam video, images that have been repeated over and over again during the trial.

Van Dyke’s defense relies on specific Illinois law that gives peace officers wide latitude on the use of deadly force. A bench trial would have left that legal decision solely in the hands of a judge.

The decisions about a jury trial created much of the drama that preceded the first testimony. Judge Vincent Gaughan waited until the very last minute, after a Cook County jury had been selected, to rule on a defense motion to move the trial out of Chicago. His decision, based on the answers given during the jury selection process, set the stage for a high-profile trial in Chicago. While defense attorneys argued that Van Dyke deserved a fair trial by a jury of his peers, the prosecution said the "community also deserves" a fair trial that it could observe and monitor.

Potential Reaction
In preparation for the trial, the large parkways in front of the courthouse at 26th and California were fenced off and set aside for protesters. For the most part, those protests have failed to materialize. Trial observers say there may be good reason for that.

In the wake of the McDonald shooting video being made public, protesters made a number of demands of the city. Much of what they called for has since come to pass. Police Supt. Garry McCarthy was fired by Mayor Rahm Emanuel. State’s Attorney Anita Alvarez has been replaced by Kim Foxx.

In the days before the trial was set to begin, Emanuel announced he would not run for re-election. The justice department has investigated and issued a report on the Chicago Police Department. There is now a consent decree in place that will monitor the department’s behavior. McDonald’s great uncle said actions speak louder than words.

"At the end of the day, show me," Rev. Marvin Hunter said Thursday.  "Show me. Let's make this happen for real. Let’s not make it a symbol to calm the people down. Let’s make it a reality."

There have also been repeated requests for calm and reason to prevail no matter what verdict the jury reaches.

The family of Laquan McDonald and the faith community that supports them have called for prayers for justice. Van Dyke supporters and the Fraternal Order of Police have also called for prayers. Will Calloway, the activist who has been at the forefront of the McDonald case, has appealed to Chicago gang members to lay down their guns and pick up his call for social justice.

Finally, the Attorney General’s office has scheduled a town hall meeting on the police department consent decree at the church of McDonald’s great uncle. Community activists and Cardinal Cupich have been invited to attend.

To be safe, however, Chicago police and fire have been planning for the possibility of large protests following the jury’s verdict no matter what they decide.



Photo Credit: Getty Images
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