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Tension Rises on Capitol Hill as Kavanaugh Vote Approaches

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Tensions on Capitol Hill are rising as senators prepare for a vote on embattled Supreme Court nominee Brett Kavanaugh, NBC News reported

Multiple senators, including Sen. Susan Collins, who was helped back to her office by Capitol Police after a committee hearing on Wednesday, have been spotted with police escorts in recent days. Hallways have been briefly closed off, even to media, and Collins was driven away from the Hill in a Capitol Police car last Friday.

Collins, a Republican senator from Maine, has become a target of anti-Kavanaugh protestors, as she has not said publicly how she plans to vote on Kavanaugh. Sen. Lisa Murkowski, R-Alaska; Sen. Heidi Heitkamp, D-N.D., and Sen. Joe Manchin, D-W.Va., also have not said how they will vote. 

Though the large-scale demonstrations from last week’s Senate Judiciary Committee hearing with Kavanaugh and Dr. Christine Blasey Ford have dissipated, some protesters are still making themselves heard.



Photo Credit: J. Scott Applewhite/AP

US Service Member Killed in Action in Afghanistan

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A member of the United States military was killed in Afghanistan Thursday, NATO's mission in the country announced.

The service member was part of the NATO Resolute Support mission, and the incident in which they died is under investigation. Their name is being withheld pending notification of their next of kin.

"We mourn and honor the sacrifice of our service member," said Gen. Scott Miller, commander of Resolute Support and United States Forces Afghanistan.

Resolute Support is a NATO-led mission to train, assist and advise Afghanistan's national security forces. It involves about 16,000 service members from 39 NATO allies and partners, including the U.S.

Last month, a U.S. service member was killed in Afghanistan in an apparent insider attack that wounded another member of the U.S. military.



Photo Credit: Wakil Kohsar/AFP/Getty Images, File

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.

On Wednesday, San Diego County officials said they are still investigating whether the range requires a major-use permit to operate. To read more about that, click here

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, "Chad Kipper was terminated by the Freedom Fighters Foundation on April 30, 2018, when the Foundation learned that Mr. Kipper was charged with intentionally violating a federal firearms law—conduct unacceptable to the Foundation. Mr. Kipper has not been associated with the Foundation since that date." 

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.

1st Fall Storm Makes Its Way Out of San Diego County

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The first fall storm in Southern California dumped less than an inch of rain on San Diego County before beginning to make its way out of the region Thursday.

North County San Diego awoke to wet roadways and some light sprinkles but the majority of the received rainfall fell overnight. The storm system was weak and began to break up as it moved into the North County San Diego area, NBC 7 weathercaster Llarisa Abreu said. 

As of 5 a.m. on Thursday, Encinitas had received .63 inches of rain and Del Mar and Carlsbad had received just over a half-inch, according to the National Weather Service. San Marcos and Escondido received more than .4 inches of rain.

Inland valleys and mountains, like Ramona, Poway and Palomar received around .15 inches of rain and no rain was recorded in the deserts, NWS said.

The first significant rain of the season was creating slick roadways for early commuters. The NWS warned motorists should use extra caution.

"Give yourself some extra time and commute with greater caution and patience this morning. Showers have made a lot of roads wet out there," the agency shared on Twitter

The system was heading east early Thursday and was expected to be out of San Diego County entirely by this evening, according to forecasters. It wasn’t expected to bring much, if any, showers to the mountains before moving out of the region.

Cool conditions were expected to last through the weekend, though chances for more showers were slim.


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


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Freshman's Test: How to Keep This Moderate Philly Suburb Red

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Pennsylvania's newly drawn 1st Congressional District, just north of Philadelphia, is nearly evenly split between Democratic and Republican voters. It's the kind of place where a moderate congressman like Republican Rep. Brian Fitzpatrick has, in the past, appealed to centrist voters of both parties.

But Fitzpatrick's vote in favor of the President Donald Trump's tax cut last winter didn't sit well with Jerry Middlemiss, a moderate Democrat from Yardley, the kind of voter he'll need to win over to eke out a win this November.

"I'm not pleased about that," said the semi-retired school counselor.

Fitzpatrick, a freshman member of the House, is well-liked enough in this district, whose partisan balance was spared despite a major redistricting that tilted other districts nearby and in the rest of Pennsylvania to the left. But he faces what many Republican incumbents across the country must deal with this year: independent voters and die-hard Democrats together eager for Congress to act as a check against the Trump administration.

This article, part 1 in a series, examines one of the key battleground races for control of the House of Representatives in the Nov. 6 midterm elections. Carried by grassroots momentum, Democrats must take 23 seats from Republicans to win the balance of power. They are contending with Republicans' experience, organization and an outspoken but polarizing president.

Middlemiss doesn't yet know much about Scott Wallace, the Democrat challenging Fitzpatrick, but he believes America should push the reset button on Congress.

"If you are opposed to the current administration and the way the government has been run, you may want to make a change," Middlemiss said. "The more Democrats you can get in to balance out what's going on, I would do that."

Voters' desire for change in Washington could be enough to swing the district for Wallace, 66, a first-time candidate but longtime funder of progressive policies and organizations.

In Wallace, the Democrats have a wealthy, self-funded grandson of a former vice president to Franklin D. Roosevelt. Wallace has worked as a lawyer and member of his family's powerful nonprofit, the Wallace Global Fund, whose mission is "to promote an informed and engaged citizenry, to fight injustice and to protect" the environment.

The family connection could also doom his chances in November, if Fitzpatrick is able to persuade voters that Wallace is too liberal for the centrist district.

The Global Fund, which has more than $110 million and funds dozens of liberal groups each year, has been the focus of Republican television ads for weeks already. 

One ad, paid for by the political action arm of the Republican National Congressional Committee, described Wallace as pro-population control and eager to tax families of five or more people, based on funding the Wallace charity handed out before the candidate became a board member. Another ad claims Wallace is anti-police because his charity gave to liberal news organization Democracy Now!, which has occasionally reported on convicted cop-killer Mumia Abu Jamal.

The claims in both ads have been rated as either "false" or "misleading" by media fact checkers. Still, they continue to air in the Philadelphia media market. Meanwhile, Fitzpatrick has slammed Wallace as too rich to represent the district's interests.

"My opponent is the most far-left extremist candidate that's ever run for office in this district," Fitzpatrick said in an interview with NBC10 Philadelphia. "Having been in Congress for a year and a half, I can tell you we have too many partisan ideologues and too many multimillionaires. Scott Wallace is both."

Wallace disputes that his politics are anything beyond progressive and said he's surprised Fitzpatrick went down the path of "mudslinging."

He's since begun running ads as well, promising to bring change to Washington, D.C., and reverse the national debt accrued by the Republican tax cuts.

"Any candidate expects their life's work to be put under a microscope, and yes, our foundation has been about three progressive issues: climate change, democracy and women's empowerment," Wallace said in an interview. "What I didn't expect and what has astonished me is that people would take our record, and distort it, and turn it into lies and in such bizarre ways."

Fitzpatrick, for his part, survived criticism two years ago when Democrats accused the former FBI agent of taking advantage of his family name by running for the congressional seat. His older brother, Mike, was the outgoing congressman representing the region; Brian won the election by 9 points.

Fitzpatrick cites his lifelong connection to the district and touts his freshman legislative record as proof that he represents the type of moderate approach to government that his constituents want.

Redistricting in Pennsylvania significantly changed the political landscape for many incumbents when the state Supreme Court remapped the state's 18 congressional districts this year, but Fitzpatrick's constituency remained nearly the same. His district changed in name, from the 8th District to the 1st, but only a small portion of its boundary shifted: a slice of Montgomery County to the west of Bucks County swapped for another slice.

While the remapping made Democrats far more competitive in some areas, especially in the Philadelphia suburbs, Fitzpatrick's district remained very diverse in its makeup of Republicans and Democrats, affluent and blue-collar workers, suburban homes and small farms.

"It's the most amazing place on the planet," Fitzpatrick said. "We're a microcosm of America."

Fitzpatrick points to centrist legislation he helped usher into law, including the Interdict Act, which gives border agents stronger technology to stop opioids from crossing the border, and the Children of Fallen Heroes Act, which provides educational support for kids of fallen first responders.

But he has also voted in line with Republicans on the biggest conservative agenda items of the last two years, Wallace argues, including the Trump tax cuts. In June, an NBC News/Wall Street Journal poll found that registered voters were less likely to support a candidate who backed the bill.

Both candidates had near identical campaign cash on hand as of the last required federal filings June 30: $1.7 million for Wallace and $1.65 million for Fitzpatrick. But Wallace had spent some $3.6 million compared to $800,000 for Fitzpatrick in the three months before. (The next Federal Election Commission reports won't be published for two weeks.)

Outside groups have tilted the other way, pouring more than $2 million to oppose Wallace and $430,000 to support Fitzpatrick, at least an order of magnitude greater than the outside support Wallace has gotten, according to ProPublica's election data tracker.

The only independent public poll for the race, conducted in May and released June 4 by the Monmouth University Polling Institute, found what most people expected — a negligible one-point spread between Fitzpatrick and Wallace.

Charlie Gerow, a Republican political consultant well-versed in Pennsylvania politics, told NBC10 in August that confidence among Republican strategists remained high for Fitzpatrick to hold onto the seat. But he said the party would likely see a net loss of seats overall in the state.

In a sign of angst for many Republicans, Gerow said that despite optimism for Fitzpatrick's chances, the race was proving "more of a tussle than he would like." 

The race has become a virtual dead heat as it heads into the home stretch, according to the Cook Political Report, which moved the district from "Lean Republican" to "Toss-Up" in late September.

In changing the Fitzpatrick-Wallace showdown to that "who knows" designation, the political website's House editor, David Wasserman, wrote: "Both parties are seeing Republicans' numbers continuing to erode in professional suburbs, and some in the GOP fear they still haven't hit rock bottom."

To Wallace, the district is a must-win if Democrats hope to win the House, and that's why he decided to leave philanthropic life and run to win it.

"There's a reason you're seeing vast amounts of money from super PACs outside [supporting Fitzpatrick]. They know what we know. Whoever wins this district wins the House," he said.


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'Snapcrap' Hopes to Help Clean Up San Francisco Streets

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No, Snapcrap isn't a weird bathroom parody of Snapchat.

The new app released on Tuesday to iOS users is trying to help clean up the dirty streets of San Francisco, according to its developer Sean Miller, a San Francisco engineer who moved from Vermont to South of Market in 2017 and immediately took notice to the feces, needles and trash cluttering walkways.

Miller says he didn't know anyone when he moved to the city to work for Plivo, so he decided to move into a communal living space, The Negev, on the "somewhat notoriously filthy" 6th Street in SoMa.

That's when he got the idea for Snapcrap.

"A lot of people at the house would joke about the situation because it's obviously a bit comical, but we also realized it's a really serious problem and frankly it's a health hazard," Miller told NBC Bay Area.

The new app lets users snap a photo of the area in San Francisco that needs to be cleaned up, and then sends a report to the city's 311 hotline.

While the city has its own app that allows users to request sidewalk cleaning and report other defects like manhole covers, graffiti and tree maintenance, Miller says the SF311 app isn't a good experience. 

"It takes so many clicks to actually submit a ticket. We wanted to build a simple mobile app that would simplify the process and remove as much friction as possible," Miller said.

A spokesperson for the City of San Francisco's Public Works Department, Rachel Gordon, says the city's SF311 app already has all the key features but the city has taken a look at the Snapcrap app after it was brought to department's attention.

Miller said he put the Snapcrap idea on the back burner for over a year, but he's finally had enough and wanted to help.

NBC Bay Area found that the city’s 311 system received a dramatic increase in the number of complaints concerning a lack of cleanliness across the city. Complaints about trash increased 40 percent, human waste complaints swelled 96 percent, and complaints concerning used drug needles spiked 228 percent.

"A couple months ago I was still getting really frustrated seeing this stuff everyday and hearing people complain about it that I just decided to build the damn thing. I figured that if myself and all of my friends and housemates wanted it there must be a bunch of other people that would find value in it as well," Miller continued.

Miller designed the app to open straight to the camera, allowing users to quickly snap a photo of the area and automatically grab their location and autofills the rest of the 311 ticket form.

"I see poop" is one of the random automated comments that Miller designed to fill out the required comment section on the city's form. He said he wanted to make reporting public health issues fun for the community.

"The app is extremely basic right now, but I plan to add a bunch of other features soon. I think a crap map would be pretty funny," Miller said.

Miller says he also plans to put Snapcrap on Google Play store for Android users in the future.

Snapcrap is not affiliated with Snapchat and NBC Bay Area has reached out to Snapchat for comment due to the similarity in the app design. 



Photo Credit: Snapcrap
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PICS: Def Leppard at Petco Park

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Def Leppard 'poured some sugar' on Petco Park recently with a hard-rock procession of chart-topping hits.

Photo Credit: Fatima Kelley

Where to Find National Taco Day Deals in San Diego

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Thursday is National Taco Day and there may be no better place to celebrate than in San Diego, where influence from our neighbor to the south has allowed for some unique taco concoctions.

So, grab a margarita and chow down on some tacos. Here are some taco day deals around San Diego County to help you celebrate:  

Rubio’s Coastal Grill

Ralph Rubio, co-founder of the coastal Mexican eatery, says he was the first to bring the fish taco to the good people of San Diego after a trip to Mexico. Whether or not that's true, San Diegans have been enjoying Rubio's original fish taco since the first stand opened in Mission Bay. For National Taco Day, guests can enjoy a free original fish taco with any beverage purchase if you present this coupon when ordering, only at participating locations.

Chronic Tacos Mexican Grill

Are you ready for the "taco life?" Just say those two words at Chronic Taco's counter between 11 a.m. and 2 p.m. to get a free taco, excluding their fish, shrimp and steak tacos. Chronic Tacos has two locations in San Diego -- one in Pacific Beach and in Oceanside.

El Pollo Loco

Looking for your fix of chicken tacos? Visit El Pollo Loco and get a free chicken taco al carbon with any regularly priced food or beverage purchase. Just print out or show this coupon to cashier at one of several participating locations across the county. Plus, you can enter for a chance to win free tacos for a year

Puesto

For National Taco Day, Puesto invites its guests to come in and receive a free taco of the month -- a squash and braised greens taco with squash in mojo de ajo, queso enchilada, pumpkin salsa, and cilantro. To get the deal, follow Puesto on Instagram. They have two locations in San Diego, in La Jolla and at the Headquarters at Seaport Village.

Not Not Tacos

San Diego-based television cooking personality "Sam the Cooking Guy" is the mastermind behind this spot in Little Italy that embraces the taco in an entirely new way. His concoctions include ingredients not typically found in tacos, like meatloaf, salmon and pastrami -- "not, not tacos," he says.

In honor of National Taco Day, Not Not Tacos is adding a new menu item for one day only. The Hot Dog Taco uses NYC hot dog-cart style onions and a simmered hot dog with crispy onions on a flour tortilla. 

Do you know of a taco day deal that didn't make our list? Let us know in the comments below.



Photo Credit: Chronic Tacos
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North Park Main Break: Flooded Homes, Streets and Park

Magnitude 3.3 Earthquake Strikes off Coast of San Diego

9-Year-Old Seriously Injured in El Cajon Hit-and-Run

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Police are searching for the driver of a car that struck a child in El Cajon and took off. 

The nine-year-old was seriously injured in the crash near the intersection of N. Sunshine Avenue and W. Main Street at about 7:30 a.m., the El Cajon Police Department said. 

The child was taken to the hospital. It was not clear what condition he was in. 

After their initial investigation, police believe a woman may have been behind the wheel of a small, blue hatchback. SDPD said it likely has front-end damage, possibly a broken headlight. 

The car was last seen heading westbound on Main Street, ECPD said. 

Both ECPD and the El Cajon Fire Department responded. The intersection was closed to traffic as police investigated the crash. 

No other information was available.

Please refresh this page for updates on this story. Details may change as more information becomes available.



Photo Credit: NBC 7

Large Main Break Sends Floods of Water Through North Park

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A water pipe break sent floods of water gushing from a large sinkhole in North Park Thursday, flooding homes, cars and a community park for hours before being shut off.

SkyRanger 7 captured footage of water pouring out of a large hole in the ground on Idaho Street near North Park Community Park at about 8 a.m. Cars could be seen in about a few feet of water and much of the park was flooded. 

The flooding was caused by a broken 24-inch transmission water main line, the city of San Diego said. While the main break was affected several residents in the area, the city said no one was currently without water service. 

Traffic was being diverted around the large are affected by the break. Repairs were expected to last all day. 

SDPD said the flooding was first reported at about 7 a.m. 

North Park resident David Koechlein said the city was not quick enough. Water flowed for hours into his home, leaving about two feet of water in his front yard and garage.

"This is the second time this has happened to me where a water main break comes through and wipes out everything that I’ve done thus far to get this property up and going," Koechlein said. 

Koechlein and his neighbor, Sam Ernaji, said the city has an infrastructure problem that they don't see being solved. 

"We obviously have an infrastructure problem and there doesn’t seem to be anybody paying attention to it," Koechlein said. "The city’s got to do something, either investing in the infrastructure or figure out where the money is going. Because I’m paying my taxes, I don’t know where it’s going?"

Ernaji agreed. 

"I really hope they come out to North Park and explain to us what went wrong again and what the real plan is to fix it this time, because this is ridiculous."

No other information was available.

Please refresh this page for updates on this story. Details may change as more information becomes available.

Fallbrook High School Cancels Classes After Water Main Break

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A water main break forced administrators to cancel classes at a Fallbrook High School Thursday when the campus was left without water service.

A notification from the school was posted at about 7:30 a.m. alerting parents and students that classes would be canceled for the day due to the main break.

"Unfortunately, there has been a water line break in the area and we will not have access to water for most of the day. Therefore, we have to cancel school for today," the school wrote in a post on Facebook

Water began flowing from eroded pipe sometime overnight in the area near Mission Road and Stage Coach Lane, according to Fallbrook Public Utility District manager Jason Cavender. 

Crews closed down the roadway and shut off water service so they could get to the pipe and determine the cause.

They determined break was caused due to an old crack that eroded over time, possibly the last 20 years. 

"Someone hit it at some point," Cavender said. "It could have been 20 years ago when Mission Road was widened."

The dent left behind turned into a three- to four-inch hole in the pipe that sent water flowing through the streets on Thursday. 

Water service was expected to be restored to the school and all others affected by 3 p.m., Cavender said. 

More Than 300 Arrested Protesting Kavanaugh Nomination

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U.S. Capitol Police said 302 people were arrested Thursday for illegally protesting inside Senate office buildings against the Supreme Court nomination of Brett Kavanaugh.

The protesters had originally planned to protest on the Capitol steps. But after police blockaded the steps, protesters headed to the atrium of the Hart Senate Office Building.

The vast majority of the arrests — 293 — took place on the Hart atrium floor. Another nine people were arrested for another demonstration on the fourth floor of the adjacent Dirksen Senate Office Building.

Videos posted on social media showed comedian Amy Schumer, who spoke earlier at an anti-Kavanaugh rally, apparently being arrested. Model Emily Ratajkowski said on Twitter that she was also detained and arrested.

Earlier, a crowd of demonstrators chanted and held signs. Some said "I believe Dr. Ford" and "I believe Anita." Other signs quoted Dr. Christine Blasey Ford's testimony. "Indelible in the hippocampus is the laughter," one poster said, quoting what Ford said haunted her about what she said Kavanaugh and his friend did as teenagers. 

The demonstration publicized online with the hashtag #CancelKavanaugh was set to start at 12:30 p.m. at the E. Barrett Prettyman U.S. Courthouse, where Kavanaugh is a federal appeals court judge.

The organizers of the Women's March encouraged people to attend, vote and call their senators.

"If there was ever a moment when the voice of the people can come together in concert to change the fate of our nation, this is it," a Party Majority PAC website promoting the event says. "Arm in arm, organized and ready, every child, woman and man, must take to the streets to protest this nomination. The legitimacy of the nation's highest court is at stake as is the future of our country." 



Photo Credit: Jim Watson/AFP/Getty Images

Oceanside Woman, 48, Killed in T-Bone Crash in Valley Center

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An Oceanside woman was killed in a T-bone crash Tuesday evening in Valley Center, the California Highway Patrol said.

The fatal crash happened around 7:35 p.m. when the 48-year-old woman in a 2009 Toyota Yaris, for unknown reasons, ran a stop sign at Old Highway 395 and Lilac Road and broadsided a 2005 Ford Expedition, CHP officer Kevin Smale said.

After the crash, the Yaris spun around and came to rest on the shoulder of Old Highway 395 south of Lilac Road, he said. The Expedition, driven by a 23-year-old man, however, crashed through a guardrail and went down an embankment.

The woman was transported to Palomar Medical Center Escondido where she was pronounced dead, Smale said.

The Expedition driver and his 24-year-old male passenger were also transported to Palomar Medical Center with minor injuries, he said.

The man was determined to be sober at the time of the crash but the sobriety of the female driver has not been determined, Smale said.

The cause of the crash was still under investigation, he said.



Photo Credit: NBC 7

Ex-Poway Man Arrested in NorCal for Alleged Sex with Minor

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A 28-year-old registered sex offender who was convicted in San Diego in 2015 was arrested Thursday in Northern California for allegedly having sex with a teenage girl, police said.

Benjamin Thomas Shumate, who previously lived in Poway, allegedly had sex with the teen in Santa Rosa after meeting her on a dating application in June, Santa Rosa police Sgt. Brenda Harrington said.

Shumate and the teen met a few times over the course of a few months at various locations in Santa Rosa and on at least one occasion, he sexually assaulted her, Harrington said.

The assault was not immediately reported to police, she said.

Shumate was convicted in 2015 for arranging to meet with a minor for sex. He was sentenced to four years in prison and ordered to register as a sex offender.

He was released in 2016 and paroled to Sonoma County.

Shumate was arrested without incident and charged with parole violation, unlawful sex with a minor, oral copulation of a minor and penetration with a foreign object.

He is being held at the Sonoma County Main Adult Detention Facility on $50,000 bond. Shumate is scheduled to appear in court on Tuesday.

Clothing Brand Trademarks Leucadia Name, Sends Cease and Desist Letters to Local Shops

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When the owners of Leucadia, a clothing brand few locals have heard of, sent cease and desist letters to mom and pop shops in Leucadia, the niche beach neighborhood of Encinitas, to stop them from using the community name on their products, shop owners were beside themselves.

Jim Shatto owns Shatto & Sons Custom T-Shirts on Coast Highway 101. He’s been selling “Keep Leucadia Funky” t-shirts since the 70s and took the cease and desist letter for a bully attempt.

As Aaron Burgin at the Coast News first reported, clothing line owner Flashbuz registered Leucadia with the U.S. Patent and Trademark Office in 2016 and claimed it had exclusive rights to the name.

“I went through the roof,” Shatto said, describing the moments after he read the letter from Flashbuz. “Infuriating, to say the least.”

Shatto said he and other shop owners shared their frustration on social media and their disdain was quickly adopted by other proud Leucadians.

In a statement to NBC 7, Steven Chase with Leucadia, the clothing brand, acknowledged serving the cease and desist letters was a mistake.

"Once the impact was discovered, the orders were rescinded and apologies made,” he said. “A simple error with a swift correction."

But it’s not so simple for Shatto.

“It's not a simple thing,” he said. “This has been an attempt to bully different merchants in Leucadia.

The bottom line for Shatto is that anyone should be able to put Leucadia on anything because no one should be restrictive of the community name that means so much to them.

PD Was Warned of McLaren Driver's Behavior Hours Before Deadly Crash: Docs

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Eight hours before a San Diego man driving a McLaren killed himself and two others in a high-speed, rush-hour collision on Interstate 805, police were warned about his dangerous behavior.

Police dispatch logs obtained by NBC 7 Investigates reveal a family friend of the driver told police that 18-year-old Trevor Heitmann was “screaming, paranoid and delusional” and had “threatened to harm his mom” at the Heitmann family home in Carmel Valley.

At 8:13 a.m. on Aug. 23, the morning of the deadly crash, the unidentified caller told dispatchers that Heitmann “needs to be evaluated and (possibly) placed on (a) 5150 (involuntary mental health) hold.” According to the dispatch logs, police arrived at the Heitmann home 12 minutes later, at 8:25 a.m.

At 9:14 a.m., officers advised dispatch that “based on statements from (Heitmann’s) parents, there was no credible threat, and the subject did not meet 5150 criteria. Parents advised that if we went in house to ask subject if he would voluntarily go to hospital, subject may become violent. We did not encounter subject. Dad advised that he convinced son to go talk to doctor later today.”

Dr. Clark Smith, a forensic psychiatrist, reviewed the dispatch logs, which NBC 7 Investigates obtained through a Public Records Act request.

Smith said he will not second guess or criticize police or Heitmann’s parents for their actions that morning, but also said Heitmann did meet the criterion for involuntary, temporary commitment to the county mental facility because his behavior posed a clear “danger to others,” in this case, his mother, whom he had threatened to harm.

“There might have been a confrontation, but that would have been far better than what happened” later that day, when Heitmann drove his high-powered McLaren sports car the wrong way in the carpool lane of southbound I-805, crashing head-on with an SUV, killing himself and the two occupants of the other vehicle.

Dr. Smith said that when Heitmann’s father told police his son would get psychiatric help that same day, “he was basically saying, ‘OK, the threat is over.’ I don’t think that’s true,” Smith said. “But that’s what (police) heard, when the father said that.”

Dr. Smith said some parents don't want to anger or alienate a mentally-ill child by having them committed. He added that emotions are understandable.

"It's out of love, you know, a parent's love for a child. But sometimes, your child needs (professional) help that a parent can't safely provide."

According to the dispatch logs, Heitmann’s father called police again at 4:29 p.m.

“(Reporting party’s) son is in a manic state,” the dispatch notes reveal. “Just drove off at a high rate of speed. Was not making sense to (reporting party). Son is driving a (black, two-door) McLaren high performance (vehicle).”

Police arrived at the Heitmann home for a second time, at 4:34 p.m. The dispatch log notes that “father said son drove off. Was on phone with him and he said he was going to a park and was going 150 mph, on the wrong side of the road.”

By then, it was too late to stop, Heitmann, who had already crashed his McLaren into the SUV.

Dr. Smith said in this case, hindsight shows that a different decision that morning might have avoided that deadly crash.

"Yes, it will make them angry if you take away their car keys or if you call the police,” Smith said. “But far better that than the tragedy that happened."



Photo Credit: NBC 7

Chula Vistans Flood Social Media with Complaints of Strange Odor

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Chula Vistans are taking to social media to express their distaste with a foreign odor wafting over the city.

They don’t know what it is or where it’s coming from, but residents are upset by the strange odor they say has been around for a few days.

Joyce Romio lives right next door to Otay Landfill and she swears the stench isn’t coming from there.

“I know that smell, unfortunately,” she said.

Facebook users complaining of the smell described it as a “wet ash” kind of smell. They’re not saying it smells dirty, and Romio said “it doesn’t smell like poo.”

The cities of Chula Vista, Imperial Beach and San Diego couldn’t offer an explanation for the stench, and neither said they had heard any complaints. NBC 7 also reached out to the landfill and the police and had similar luck.

The county Air Pollution Control District said the biggest problem is people are posting about the funky smell on social media and no one is calling them. A spokesperson said the district would investigate, but until then Romio and her neighbors might have to just pinch their nose.

The Air Pollution District advises anyone who ever smells something strange that clearly isn’t gas to contact them at (858) 586-2600.

Teen Bitten By Shark at Beacon's Beach Released from Children's Hospital

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Keane Webre-Hayes, the 13-year-old Encinitas boy who survived an attack from what is believed to be a Great White Shark last weekend at Beacon's Beach, has been released from Rady Children's Hospital.

A spokesperson for the hospital told NBC 7 Thursday that Keane was no longer there. In the days after the attack, doctors and his family said that he had a long road to recovery in front of him.

Keane was lobster fishing with a friend when he was bitten by the shark in the ear, shoulder and back, around 6:55 a.m. on Saturday.

His mother Ellie Hayes was watching her son from a parking lot on the bluffs above the beach and could hear her son's screams.

Witnesses described hearing calls for help from Keane before seeing a pool of blood in the water.

"I paddled to him," witness Chad Hammel said. "And there was a big wake of blood behind him. His entire back was open. The shark hit him in the clavicle. The shark’s top teeth got him in his cheek."

Ellie says Keane was able to swim to a nearby kayak and three men on board, among them an off-duty police officer and lifeguard, pulled him out of the water and got him to the beach. He was then life-flighted to Rady Children's Hospital in Linda Vista.

“You or I, we probably would have swam to the shore because we know the shark doesn’t go ashore, but he had his wits about him," Ellie said at a news conference from the hospital Monday afternoon. "He knew that there were men in a kayak away from shore and that’s amazing to me. And I will never question his wits again. Ever."

Keane was listed in serious condition in Rady's Intensive Care Unit as of Monday, according to Chief of Pediatric Surgery Dr. Tim Fairbanks.

Honoring the family's wishes, the only detail about Keane's injuries Fairbanks revealed was it was a "very large shark bite."

"[The bite was] very deep, down to the chest wall through the muscles. It was a very large injury. He was lucky in that no vascular structures were injured in the initial attack," Fairbanks said.

Fairbanks said Keane's condition was improving, and doctors were monitoring several situations. Possible infections and Keane's blood count were among the medical staff's chief concerns.

Ellie said Keane was alert and talking on Monday and had a chance to enjoy a donut and a cup of noodles.

“He’s very brave, he’s very strong, athletic. He’s a warrior," she said of her 8th-grade son. 

Ellie did not go into detail about the attack, saying it was Keane's story to share however he sees fit once he recovers.

"I just want to say thank you to all three [kayakers]. Without what they did we would be having a whole different scenario," she said. "Keane has been asking for them. His eyes haven’t welled up until he’s asked for the people who saved his life."

Fairbanks said the men in the kayak and other Good Samaritans who helped apply pressure to Keane's wounds on the beach before paramedics arrived deserve partial credit for saving the boy's life.

More than that, though, Fairbanks said Keane is alive because "He made a decision to survive and got help.”

“Given the choice, he sought help," Fairbanks added. "The help was given to him, they got him to the beach and they started providing care. They applied pressure and the brought him here... He made a decision immediately to take action and save himself.”

Fairbanks said the care provided to Keane immediately after the attack should serve as a reminder for everyone to apply pressure to major injuries.

Both Ellie and Fairbanks said the community's support for Keane has been a big help.

"We can feel the love, we can feel the support," Ellie said. "We are very, very lucky and we’re very blessed. We’re just blessed to have him.”

Fairbanks became choked up at several points during the news conference as he talked about Keane and his family.

“This family and this child are special. He’s just a special person," Fairbanks said. "Fifteen minutes ago as we prepared for this, the family was concerned about the other families in the pediatric intensive care and what they were going through.”

He said he couldn't think of a better kid for the community to rally behind.

Ellie said that right now, prayers and positive thoughts for Keane are needed most.

She said Keane is eager to recover and get back to doing the things he loves, like playing baseball and playing in the ocean.

“He said 'Mom. The chances are so much more slim of a second bite.”

San Diego County Sheriff’s Department deputies on Saturday cited an Encinitas resident and former lifeguard for flying his drone into an area reserved for a medical response helicopter. Deputies say the pilot had to circle the landing area before picking up Keane.

The water from Ponto Beach in Carlsbad to Swamis in Encinitas was closed for 48 hours and reopened at 7 a.m. Monday.

"At this time there have been no reports from the public or any public safety officers of any shark activity in this area, so we want to make this loud and clear to everybody. And this is very, very unfortunate and very infrequent, this is a significant event for us but at the same time, it's very rare," Encinitas Marine Safety Captain Larry Giles said.

Cal State Long Beach Shark Lab Director Chris Lowe and his team are using new techniques to help Encinitas lifeguards identify what type of shark bit Keane.

"We're working very closely with the Encinitas lifeguards to try and sort out what species was involved, the size of the shark and more about the behaviors so we can better advise the public," Lowe said.

Andrew Nosal, a marine biologist with the University of San Diego, said based on the severity of the wounds and location of the bite it is consistent with that of a Great White Shark.

Nosal added it is extremely rare for anyone in the world to be bitten by a shark, let alone along the coast of California.

"Great white populations are increasing in Southern California and that's because they've been legally protected for the last couple of decades," said Nosal. "That's a good thing for our local ecosystem. At the same time, the human population has also grown here. That means more sharks at the beach but also more people at the beach."

So far, the animal has only been described as 11 feet long.

Lowe's team is taking swabs of Keane's wetsuit to identify DNA from the shark. If the shark is spotted again, the water can also be tested for DNA, Lowe said. 

"We hope to have some DNA evidence back in the next week that might help us confirm what kind of species it is," he said. 

After the attack, the beach was full of signs saying the area was closed to swimmers and lifeguards were on wave runners actively warning people to stay out of the water. Encinitas Lifeguards said people were stealing the signs and they had to order about $800 worth of replacements. 

Despite the closure, surfers were seen in the water at Swami's Beach Sunday morning.   

 

Other agencies helping with the investigation are California State Park Lifeguards, Solana Beach Lifeguards, the San Diego Sheriff's Department, Encinitas and Carlsbad fire departments and the U.S. Coast Guard is aware of the incident. 

In April 2017, a woman was attacked by a shark in the waters off San Onofre State Beach near Marine Corps Base Camp Pendleton. The last time a shark attack has been deadly in San Diego County was in Solana Beach in 2008. 

A Go Fund Me page has been created to help with Hayes medical bills. 

Editor's Note: A previous version of this story erroneously said Rady Children's Hospital was in La Jolla. It is in Linda Vista. 



Photo Credit: Ellie Hayes
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