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Mayor Still Thinks He Can Lead City: Chief of Staff

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Further proof that San Diego Mayor Bob Filner is going to dig in his heels and fight a recall  was offered at a Lions Club luncheon Tuesday.

The guest speaker was the chief of staff for Mayor Filner, who has refused repeated requests for an interview with NBC 7.

On this day however, Lee Burdick agreed to answer questions from Lions Club members about that and more including the potential outcome of the scandal that has consumed the city of San Diego for more than a month and the theory suggested by some that it's all simply a witch hunt.

The most important question of the day though was about how, despite the numerous allegations and investigations, the mayor can think he is still capable of leading the city.

“I don’t know if you know this but the mayor has not resigned yet,“ Burdick said. “Yes, he does believe he has the way to achieve the objective laid out in his vision.”

Burdick did retract the “yet” part of that statement later but she was serious about the mayor believing he can still do the job despite calls to resign from the City Council, former mayor Jerry Sanders, Democratic party leadership, longtime supporters, state legislators and San Diego’s U.S. Congressional leadership.

While he won't resign, she told the mayor he'll have to change his tactics.

“You’re not going to be able to powerhouse your way through your agenda anymore,” Burdick recalled her advice to Filner.

“You’re not going to be able to scream and yell at the council. You’re not going to be able to threaten them with a sustainable veto,” she told him.

However, the response from city leaders over the mayor's reply to the recall Monday suggests any working relationship may be beyond repair.

Council President Todd Gloria criticized the mayor for ignoring the calls to resign and sending a message that he wants to move the city forward.

“Bob Filner’s response to the recall effort shows that he just doesn’t get it," Gloria said

City Councilmember Scott Sherman said he was so disgusted by the mayor’s statement Monday that he’ll never call Filner mayor again.

“I mean there's a certain amount of respect that comes with the title,” Sherman said. “From now on it's just Bob, or the defendant.”

Burdick says despite how City Councilmembers feel about the mayor as a person, she’s confident that they will do what’s right for the citizens.

As for changing the locks at the mayor’s office late Friday afternoon, Burdick explained she was concerned that the office was open at night. 

“So I unilaterally made the decision to lock the mayor’s office to preserve the integrity of the office in his absence,” she said adding that San Diego Police Chief William Landsdowne has the keys and will give them to Mayor Filner when he returns.

Burdick also addressed the theory posed by some who claim the mayor’s legal troubles – from the civil lawsuit alleging sexual harassment to the criminal investigation being handled by the San Diego County Sheriff's Department to the federal investigation into some deals with developers – are the result of a conspiracy planted by political opponents.

“I could not in good conscience suggest this is a witch hunt driven by political motivations that breach
deep down into the roots of a conspiracy theory,” she said.

“I think we all have to accept that the allegations are very serious and are worthy of a very thorough investigation.”

However even she said it’s impossible to predict how this will end.

“The scenarios of how this could work out is [sic] more complicated than a Rubik’s Cube,” she said. 


Jesse Jackson Jr. Gets 30 Months in Prison

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Former Rep. Jesse Jackson Jr. was sentenced Wednesday to 30 months in prison for spending $750,000 in campaign cash on personal expenses, while his wife was sentenced to a year for tax fraud.

The judge in the case reluctantly agreed to let Jackson Jr. serving his prison sentence before his wife. A surrender date was set for Nov. 1. After prison, Jackson Jr. must serve a 36-month term of supervised release. 

The former Illinois congressman in February pleaded guilty to charges he spent the money, as well to charges of conspiracy to commit wire fraud, mail fraud and false statements. Sandi Jackson pleaded guilty on the same day. 

During Wednesday's sentencing hearing, Jackson Jr. choked up as he apologized to his family, specifically to his father, Rev. Jesse Jackson, and his mother.

"I misled the American people," he said in a statement to the court. "I misled the House of Representatives. I misled the media by filing my reports. I was wrong. And I don't fault anyone."

Before Judge Amy Berman Jackson sentenced him, she told him he violated the trust of the people of Chicago.

"You were not just Jesse Jackson Jr., you were Congressman Jackson," Judge Jackson, who is not related to the former congressman, told him in court. "Your conduct stained not only your reputation, but the way all elected officials are viewed."

And now the area Jackson Jr. represented, and the state in which he was elected, is reacting.

"Justice has to be served," Illinois Gov. Pat Quinn said, "and if you did the crime, you have to do the time."

"It's a heartbreaking situation," Sen. Dick Durbin told NBC Chicago. "It just breaks my heart to think about what this means for the children, but it's clear that he did something that's very, very wrong, and he's paying a heavy price for it." 

Sen. Kwame Raoul said he prays for the Jacksons' children, aged 13 and 9.

"It's a sad day," Raoul said. "He violated the law, and there are consequences for violating the law.  Congressman Jackson, you know, I always thought had great talent, and it's unfortunate he made some the decisions that he made."

At court Wednesday, Jackson took the rap for the tax fraud for which his wife was sentenced. He said she was a victim of a "culture" he allowed to exist in his campaign and said if probation is not available to her, "give me her time."

Jackson said his one request is that his kids "not suffer the consequences of my actions."

In her statement, Sandi Jackson tearfully apologized to her family, friends and former Chicago constituents.

"I've grieved every day, every single day, over the fact that my mistakes have resulted in my end of service as an alderman," she said. "It's caused disappointment in my community, and it's put my family unit in peril."

"I stand here today asking for mercy," she said.

Judge Jackson calculated the sentencing range as 46 to 57 months for Jackson Jr. and 18 to 24 months for Sandi Jackson, with neither defendant eligible for probation.

Defense Attorney Reid Weingarten requested "significantly less" prison time than the recommended four years, citing Jackson's bipolar diagnosis as a very serious mental health disease.

"There's another chapter here," Weingarten said. "He has unlimited potential to do more wonderful things in the world. ... With treatment Jesse can be fine."

As for Sandi Jackson, he said, "It is our fervent hope that Sandi gets probation ... for the children. She's a wonderful mother, and her kids need her."

In his statement, attorney Dan Webb said there are powerful reasons for a sentence of probation instead of jail time for Sandi Jackson.

"The most powerful one," he said, "is the fact that if a jail sentence is imposed, there is going to be enormous harm to two young children who are going to lose their mother."

Webb said the children have gone through an "extraordinarily traumatic experience with the result of both parents being charged."

Prosecutor Matt Graves said he understands the human element in the case but said "this is an incredibly serous offense that warrants a period of incarceration."

As for Jackson's mental health, Graves said there's no agreement from his doctors about what exactly he suffers from. Graves said it's not even clear why the money was taken since the couple's salaries put them in the top 10 percent of household earnings in the United States.

"The defendant does not deserve credit for doing his work as a congressman," Graves said. "That was his job."

Graves urged the judge to look at Sandi Jackson's behavior separate from her husband, noting how she looted her own campaign, misled regulators and failed to report income to the IRS.

"It's not only unrealistic," Graves said, "but also without justification to ask for probation."

Though he said he recognizes the hardship on the couple's children, he said, "There are numerous parents that are sentenced every day in federal courts across this country."

Judge Jackson ruled she would not order restitution in the case, saying the campaign is Jackson's "alter ego" and there is no other real victim. Jackson still must pay forfeiture.

"There is no question that the defendant should not profit," the judge said, "and that his ill gotten gains should be completely disgorged."

The judge deferred ruling on restitution in Sandi Jackson's case. "The bottom line is that restitution in her case is not mandatory, it's discretionary." 

Federal prosecutors said they will revisit the issue of seizing the couple's two homes after Oct 25. Prosecutors announced in June they wanted to include the Jacksons' two homes in forfeiture proceedings as they seek $750,000 in restitution.

Attorney Weingarten objected to the idea of appointing a lawyer to monitor the forfeiture issue, saying Jackson is working hard to satisfy the $750,000 before he has to go away to prison.

"My client wants to be able to feed his children!" Weingarten said.

One of the greatest ironies of the case is that Jackson's behavior was likely discovered in an investigation where he faced no charges: the allegation that he attempted to buy the Barack Obama Senate seat from then-governor Rod Blagojevich.

But even with Jackson's fall from grace, and as extreme as his behavior apparently was, it does not represent the norm on Capitol Hill, according to Stanley Brand, former House Counsel.

"It's by a magnitude much larger than anything we've seen recently," he said Tuesday. "It's an outlier. ... It's on the edge. It's far afield from what I think the conventional behavior of most members is."

Still, prosecutors allege, and Jackson admitted, that the wholesale theft from his campaign fund went undetected for at least seven years.

"The FEC never caught this stuff," said Paul Ryan of the Campaign Legal Center, a Washington watchdog group. He faults a system where the Federal Election Commission, the very agency charged with enforcing election law, has no authority to do spot checks of political funds.

"As long as you're a confident criminal, as long as you submit campaign reports with the Ts crossed and the Is dotted, you're not likely to be caught by the FEC," he said. "Mr. Jackson covered his tracks well enough to get away with this lawbreaking year after year after year."

Ryan argues the FEC should be given the authority to perform random audits of campaign funds, much as convicted felons and even professional athletes are subjected to random drug tests.

"That would deter some of this activity, if a committee knew there was a chance they would get caught," he said.



Photo Credit: AP

Tornado Touchdown Confirmed in New Jersey

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The National Weather Service says a tornado touched down in southern Ocean County, N.J., amid a series of powerful storms that battered the Jersey Shore as far north as Bergen County Tuesday morning. 

The EF-0 tornado flooded roads, knocked down trees and damaged homes in the Manahawkin section of Stafford Township when it ripped through the region at around 10:30 a.m. 

TRACK STORMS ON OUR STORM TEAM 4 WEATHER APP

"I could not believe just how fast everything went down," said Gale Vanwaalwijk, who witnessed the destruction in Manahawkin.  "All I heard was whistling, snaps of trees, lightning going through, heavy heavy rains and it was very, very scary."

The tornado touched down near the intersection of Route 9 and Oak Avenue, then lifted near the intersection of Hilliard Boulevard and Beach Avenue, according to the National Weather Service.

In the tornado's path of destruction, the Lighthouse Christian Academy suffered a damaged roof and three classrooms were water-logged. A tree also fell on a garage.

An EF-0 tornado is characterized by maximum wind speeds of 75 to 85 mph, a path width of up to 50 to 100 yards and a path length of up to 2 miles. 

Heavy winds and rain were reported along the Jersey Coast as far north as Bergen County. In Long Branch in Monmouth County, firefighters rescued a mother and her 7-month-old son as her station become stranded on a flooded road. 

Dozens of emergency vehicles and crews were spotted across the tri-state area as torrential, wind-swept rains produced floods and caused power outages, primarily in southern New Jersey, where at least 2 inches of rain fell in a relatively short time and 65 mph wind gusts felled dozens of trees.

The weather improves significantly by Wednesday, with temperatures expected to reach the high 70s under sunny skies. Forecasters expect much of the same for the rest of the week, and the early part of the weekend looks good

 

Student Uses "Stand Your Ground" To Get Conviction Tossed

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With school about to start, thousands of kids in South Florida will soon be on school buses headed back to class.

Now, it turns out Florida's controversial “Stand Your Ground” law can be used by kids on those buses.

A Broward middle school student just used the ‘Stand Your Ground” law to get his conviction tossed out.

Florida House Speaker Calls for Hearing on "Stand Your Ground" Law

The student who got into a fight on his bus with a girl initially was adjudicated or found guilty – but he appealed that and won. The youngster, who was charged with battery, has convinced an appellate court that he should have the right to claim he was standing his ground.

The 4th District Court of Appeals ruling said, "The defense argued the Stand Your Ground law, applied and that T.P. (the middle school student) was lawfully entitled to defend himself, because, according to the bus driver, A.F. (the female student) had used force against T.P. when she grabbed him by his jacket, punched him, and pulled him down into his seat."

The female student testified the boy was the aggressor.

Broward defense attorney Richard Della Fera says, "Even on a school bus where a child has a lawful right to be, this law might apply."

"Stand Your Ground" Opponents Rally for Changes to Law

With so much controversy over the Florida law and some protesters calling for the law to be repealed, Della Fera says what happened on the school bus and the court's response to it indicates that “Stand Your Ground” is pretty much everywhere even when no weapons are involved.

"I think it shows us that Stand Your Ground does have broad application throughout many, many instances of everyday life,” he said.

In siding with the male student the appellate court stated, "In this case, T.P. had the right to assert a defense under Stand Your Ground. He was not engaged in an unlawful activity, and he had the right to be on the bus going home from school. He had no duty to retreat and, despite the trial court’s misgivings, had the right to ‘meet force with force.’"

Sharpton Speaks Against "Stand Your Ground"

Said Della Fera, "Regardless of the age of the participants, regardless of the environment, that the persons are in, if it indeed is a situation where that person has a lawful right to be such as a child on a school bus, that child has the right to defend him or herself.”

Broward prosecutors said at this point they do not plan on dropping the case.

When it goes back to court, there's no guarantee the student would win using “Stand Your Ground.” The judge would have to take a look at the facts and see if the immunity applies, but the student now gets to put that on the table – which wasn't the case before. That’s something for every parent to think about right before school starts.

More Local Stories:



Photo Credit: NBC 6 South Florida

Padres Bounce Back With Win

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It began like so many games do in Colorado. The Rockies scored four runs in the bottom of the first. The Padres answered with a four-spot of their own in the top of the second. But a funny thing happened on the way to a typical Coors Field slugfest, the starting pitchers settled down and the relievers held their own. After the third inning both teams combined for just two runs. The Padres evened the series, winning 7-5.

Starter Eric Stults was shaky right out of the gate. Spotted with a 1-0 lead, he gave up five hits and a walk that led to four Colorado runs. He did a nice job of damage control after that first inning barrage and pitched into the fifth before getting the hook.

The Padres offense was powered by Nick Hundley's two run shot in the second and Jedd Gyorko solo blast in the third.

Reliever Tim Stauffer got the decision and Huston Street shut down his former team for his 23rd save of the season.

First pitch of the series finale is set for 12:10 PDT Wednesday.

 



Photo Credit: Getty Images

Hannah Anderson Answering Social Media Questions

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Hannah Anderson's page on Ask-fm has been flooded with inquiries and someone posing as the teenager answered many. NBC 7's Dave Summers reports.

Man Dies After Slipping in Swimming Hole Near Yosemite

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A Richmond man died after he was swept over a waterfall in the Sierra National Forest south of Yosemite National Park while leading a group of campers to a swimming area on Saturday afternoon, a Madera County sheriff's spokeswoman said.

The body of Daniel Greenlaw, 37, was found at the bottom of Camino Falls around 6:30 a.m. Sunday, sheriff's spokeswoman Erica Stuart said.

Greenlaw was a camp host at the Far Meadow Campground.

He took a group of six campers to the West Fork Chiquito Creek area to swim Saturday, Stuart said.

While showing the group how to slide down rocks to reach a swimming hole at about 2:30 p.m. that day, he went further downstream than intended.

He stood up and lost his footing, then fell into the rushing water and was swept over the 100-foot waterfall, Stuart said.

A search party was sent out when Greenlaw and the campers did not return to camp by 11:30 p.m. Around 3 a.m. Sunday, a search-and-rescue crew found the vehicle the group had taken to the swim spot.

About an hour later, six campers were found, Stuart said.

The hikers were a 56-year-old Illinois woman; a 19-year-old woman; two girls ages 13 and 8; and a 44-year-old man and woman 43-year-old woman from England.

The campers had been unable to find the vehicle and had become lost in the wilderness after their group leader went over the waterfall, Stuart said.

Study Links Bad-Driver Behavior to Wealth

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Bad driving habits -- no signals, speeding, and other discourteous acts on the road -- might be linked to a more-positive personal trait:

Wealth.

A researcher at the University of California, Berkeley has unearthed a link between bad driving habits and drivers with big money, according to reports.

It turns out that the pricier a car, the more likely the car's driver is to cut in front of another driver when it's not that driver's turn at a four-way intersection, according to the New York Times's Wheels blog.

And in a study examining how drivers react to waiting to a pedestrian to cross a crosswalk, drivers with less-expensive cars turned out to be most patient.

"BMW drivers," according to researcher Paul K. Piff, "were the worst."

But there's another nugget of interest to Bay Area drivers: Prius drivers also received low marks.

"Prius drivers had a higher tendency to commit infractions than most," according to Piff.



Photo Credit: Getty Images

Car Fire Investigated in Grantville

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This is video of the remnants of a car fire in Grantville Wednesday. San Diego fire crews investigated it as a suspected arson. A car was engulfed in flames on Twain Avenue around 3 a.m. Wednesday. No one was injured. Arson investigators still looking for a cause.

CVS Drops ID Requirements for Nail Polish Remover Purchases

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After one week, CVS has dropped a new requirement for customers to show ID when purchasing nail polish remover in all but three states.

The drug store chain's policy capped the amount of acetone products a customer can purchase each day. Acetone, a common ingredient in many polish removers, is one of the ingredients used illegally to produce methamphetamine, the chain has said.

"After thoroughly reviewing our policies for the sale of products that contain acetone, in most states, we will no longer require customers to present an ID to purchase these products, including nail polish remover," CVS Public Relations Director Mike DeAngelis said.

DeAngelis noted the change will take effect before the end of this week, but CVS pharmacies will continue the policy in West Virginia, California, and Hawaii.

Back in 2010, the pharmacy chain was sued for allowing multiple purchases of cough medicines containing pseudoephedrine, an over-the-counter drug that can be used to produce methamphetamine, The New York Times reported.

Multiple acetone and pseudoephedrine purchases can be indicative of "smurfing," a practice that involves criminals buying small quantities of substances that can be used to make methamphetamine from many different drug stores.

Seeing an uptick in meth production, law enforcement officials have recently begun monitoring the purchase of some over-the-counter medicines.

Following the $77.6 million lawsuit, CVS changed its policies and began tracking the purchase of pseudoephedrine products.

Inventor's High-Tech Bike Designed for Blind People Stolen

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Brian Higgins is blind and has been tooling around on a fancy titanium bike equipped with special sensors that beep to tell him to watch out for a tree or post.

Until now.

The 61-year-old hobbyist inventor walked outside last week to discover a thief had broken into his Los Altos, Calif., garage. The padlock had been broken. His $3,000 Litespeed titanium bicycle was nowhere to be found.

"My heart just went up into my throat," Higgins said. "It was just devastating."

He called police, who are now helping him track down not only the wheels, but part of his life’s work.

Higgins, whose day job is teaching blind veterans about technology, has always dabbled around as an amateur inventor. When he moved from Maine to Silicon Valley a decade ago, he joined the HomeBrew Robotics Club. It's a computer hobbyist group where members meet at the Google campus, and whose alumni include Apple co-founders Steve Jobs and Steve Wozniak.

Higgins has been interested in inventing a way for blind people to get around on a bike – and possibly other modes of transportation – ever since he was diagnosed with retinitis pigmentosa 20 years ago, leaving him about 98 percent blind.

“We were trying to make a difference,” Higgins said.

The “we” is his “Clearpath Navigation Team” that he named at the robotics club. He and others have been trying to perfect the strategy for using commercially bought ultrasonic sensors attached to his bike, which can help him and other blind people get from point A to point B without striking obstacles.

He compared the technology he’s using to Google’s driverless car and Neato robot vacuums that use precision laser mapping to clean floors and carpets. He’s applied for a grant to help him fund his research, but so far, he said he was turned down when he applied for Google funding. He said no one has a patent on what he and his team are working on – a way to help blind people navigate on bikes.

But now, the brakes have been put on that research. Higgins is hopeful his bike will be returned.

“I’m soul searching,” he said. “I have to decide what I want to do from here. Do I get a new bike? This was not just my vehicle. This was my research."

IF YOU'RE INTERESTED: To learn more about Higgins’ work, click on his website, Intellisight.org. If you have information about the bicycle, call Los Altos police at 650-947-2770.

NBC Bay Area's George Kiriyama contributed to this report.



Photo Credit: NBC Bay Area

Valitar Horses Find New Homes

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Horses abandoned when the acrobatic show Valitar folded in Del Mar have found new homes. 

The horse show was canceled at the end of last year because of financial problems. The move left a massive tent standing alongside Interstate 5 and abandoned employees, their families and the horses in San Diego.

On Tuesday, the horses that had been seized by the government in the bankruptcy were sold at a public auction at the Lakeside Corrals.

A couple of the horses now belong to private families while others were purchased through community and business donations.

"Unfortunately these horses got caught in the system," said horse lover Linda Harris.  "These poor horses were stuck." 

Harris said many of the horses that worked in the show were not auctioned to humane homes. Where they ended up is a mystery, according to Harris.

She called the ones placed Tuesday "the lucky ones."

The miniature horses, or "mini's" as Harris called them, need special medical care. Thanks to some private families and community donors, the "mini's" will now call Lynne Hayes' Bonsall ranch home.

“It’s such a heart wrenching story,” said Hayes, owner of the Horse Spirit Ranch. “When you come to auctions you never know what kind of outcome some of these horses come to.”

“You couldn’t write a nicer story,” she said.

Valitar's owners sold some of the show’s equipment including the 45,000-square foot tent at an auction earlier this year. 

7-Foot-Long Boa Constrictor on the Loose

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A boa constrictor named "Snakie" is on the loose in Swarthmore.

But don't worry.

That's 7 slithering feet of friendliness, according to the snake's owner, David Spiegel, a local veterinarian.

"When it's summertime we give him the privilege of being outside among nature," Spiegel said.

Spiegel reported Snakie missing to police on Monday. Snakie was last seen in the bushes in the backyard of Spiegel's veterinary practice on 400 Yale Avenue in Swarthmore. When Spiegel came to check on him about half an hour later however, he was gone.

"Snakes are amazing escape and amazing hiding animals," said Kevin Murphy, general curator at the Philadelphia Zoo.

Police Chief Brian Craig described this as a fairly unusual call for their department and is urging people to be on alert.

"I think they should be aware it's out there and if they see it to call 911 immediately, and we'll do whatever is necessary," he said.

Chief Craig says Spiegel is posting flyers to alert neighbors about the missing snake.

"A 7-foot boa constrictor could give you a pretty significant bite, but nothing lethal," said Murphy, who says these snakes are not aggressive, but they do have the potential to be defensive.

"If it's hiding in a hole, behind something or underneath something, and someone goes to disturb it or try and grab it, it certainly could bite," said Murphy.

Boa constrictors are carnivores, but they typically go after small prey.

As for where it may be hiding?

"It will find someplace it feels secure, so usually with structure around it," said Murphy.

Snakie ate about ten days ago and normally eats small rats every three to four weeks, according to Spiegel.

"So we kind of have, like, two and a half weeks left?" asked Swarthmore resident Carly Levy. "Awesome! And then we'll move!"

 


Contact Lauren DiSanto at 610.668.5705, lauren.disanto@nbcuni.com



Photo Credit: Dr. David Spiegel

Defendant's Daughter, 10, Testifies at Cop Killing Trial

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Jurors heard emotional testimony from a 10-year-old girl testifying against her father, who faces murder charges in the killing of a San Diego police officer.

Alex Charfauros is accused of murder, in the 2010 shooting death of police SDPD Officer Chris Wilson.

Prosecutor Michael Runyon asked Charfauros’ daughter if she'd ever seen guns and drugs in her father's apartment or seen suspects who exchanged gun-fire with police.

She said she never saw weapons and testified that her father never talked about the other suspects Holim Lee or Lucky Xayasene.

When asked if she knew why she was in court, the defendant's daughter cried and her grandfather tried to comfort her.

The exchange brought tears to the defendant’s eyes.

The girl also recalled one time when she was playing in the living room with her father in his apartment and her father hid her in a back bedroom.

Jurors heard a recorded jail conservation between Charfauros and his daughter in which she asks him about a friend opening the door and yelling "Police" into the apartment.

Charfauros’ daughter: "Daddy, did you know they were bad people"
Charfauros: "No"
Charfauros’ daughter: "Did you even ask, and when I even asked you, she was like, ‘The police. The police.' And I got worried because I knew something was wrong.”
Charfauros: "Oh, honey, Daddy was on drugs, so."
Charfauros’ daughter: “I want to tell you to stop that.”
Charfauros: “Drugs? I know.”
Charfauros’ daughter: “You sent me to my room and I was too afraid and this is where you are now.”
Charfauros: “I know.”
Charfauros’ daughter: “I tried to tell you.”

NBC 7 is not identifying the child because she's a minor.

Officer Wilson, 50, died from a gunshot wound to the head after officers raided the apartment on South Meadowbrook Drive in Bay Terraces.

San Diego police were providing backup for probation officers on Oct. 27. 2010 as they searched for Holim Lee, a dangerous parole violator.

An investigation revealed the fatal shot was fired by Lee who barricaded himself in a bedroom of the apartment with his girlfriend Lucky Xayasene. Lee and Xayasene killed themselves after killing Wilson officials said.

Charfauros never fired a weapon that night, and had left the scene "before" the shoot-out.

Prosecutors say he's guilty because he lied to police about the dangers inside.

Officer Lorenzo Ruiz testified in the trial that the SDPD would’ve called in SWAT had they known that Lee and Xayasene were heavily armed inside the unit.

Defense attorneys argue the police botched the raid and should’ve known there were guns in the home.

NBC 7 has been the only local media organization covering the trial.

New Kiosks Aim to Reduce Border Wait Time

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Federal agents patrolling the world’s busiest border crossing have a new tool to help them move travelers through quickly while still screening documents and focusing on border safety.

Eight new pedestrian kiosks are in place at the San Ysidro Port of Entry at the U.S.- Mexico border between Tijuana and San Diego.

The technology, considered a first of its kind being used by U.S. Customs and Border Protection agents, allows for a pedestrian border crosser to scan his or her own documents before meeting a CBP officer.

No longer will the CBP agent manually scan the document while at the same time focus on the individual to spot a potential security threat like drug smuggling or identity theft.

What’s new for the CBP is that when a document is scanned at San Ysidro, it will feed into several different processing stations not just one, as it is at other border crossing locations.

The kiosks are at five other locations including Nogales, El Paso, Laredo and Calexico West and Otay Mesa.

Other improvements include designated lines outside the building for those pedestrians in the Ready Lane, SENTRI and other Trusted Travelers as well as the general foot traffic.

Pedestrians can also sign up for Radio Frequency Identification (RFID) technology for their U.S. passport, SENTRI/FAST/Global Entry card or newer legal permanent resident cards. Having RFID-enabled travel documents allows border crossers to use the pedestrian Ready Lane.

Ready Lane travelers at Otay Mesa wait at least half as long as other people crossing the border on foot, CBP officials said.



Photo Credit: U.S. Customs and Border Protection

Gay Couple Attacked Leaving Manhattan Movie Theater

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Two gay men who were holding hands as they left a movie theater in Chelsea were attacked by a group of men who hurled anti-gay slurs, and one was hurt so badly he needed seven stitches on his face.

Peter Nortman and his boyfriend Michael Felenchak had left the Chelsea Cinemas just after midnight early Wednesday when they were confronted by two men on West 24th Street, according to police. 

One said "what are you looking at, you f------." The attackers then started punching the victims while hurling anti-gay slurs. Police say four more men approached, who were believed to be friends of the suspects, and joined in the assault.

Nortman and Felenchak tried to fight back, but were ultimately overpowered.

"We did what we could," Nortman told NBC 4 New York. "It was six of them and two of us." 

The victims were both taken to the hospital, Nortman with a bruise to the head and Felenchak with a wound under his bottom lip that required seven stitches. 

"They had to do an MRI," said Nortman. "It was scary. We were in the hospital all night long." 

Neighbors in the normally gay-friendly Chelsea wondered why the men were targeted. 

"You wouldn't believe it would happen here," said Meryl Stein. "Everyone is so diverse and tolerant." 

The NYPD Hate Crimes Task Force is investigating. 

After a series of anti-gay attacks in the spring, including the fatal shooting of a man in Greenwich Village, thousands rallied to denounce the violence.



Photo Credit: NBC 4 New York

Man Bit Off Chunk of Ear, Tried to Preserve it in Creamer: Cops

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A South Florida man is being held on $15,000 bond after biting off a chunk of a friend's ear and trying to preserve it in coffee creamer, officials said.

The altercation began when 26-year-old Kenneth Thompson came back to the Port St. Lucie house where he lives with his female roommate, according to an arrest affidavit.

The unidentified roommate told officials that Thompson came home drunk at 5:30 p.m. Sunday while she was home with a male friend, the release said. Thompson started smoking in the house, and when she asked him to stop, he started screaming at her and the friend, saying he had gone through her phone and knew about the restraining order she was going to file against him, officials said.

He then began shouting that he was going to shoot himself in the head and began punching the unidentified male friend, the release said. The scuffle made its way outside the house, while the roommate left in fear that Thompson would retaliate against her for calling police, according to officials.

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While outside, Thompson pushed the male friend onto two garbage bags, jumped on top of him and bit off a chunk of his ear, the release said.

Thompson later told officials it was only a "small piece" of ear, the release said. He also said that he went back inside and placed the chunk in a cup of coffee that was in the fridge because it had creamer in it, and he had heard that when someone loses a tooth, it should be placed in creamer, police said.

He said he attacked the other man, who he said was his best friend, because the man was "trying to get into [the roommate's] pants," the release said. He said the roommate was his girlfriend, but she had told investigators that Thompson acted like the two were married, but they weren't even dating.

Investigators recovered a shotgun, a crossbow and a machete from Thompson's room during the investigation, the release said.

Thompson was charged with aggravated battery, a third degree felony.

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Photo Credit: St. Lucie County Corrections

911 Calls from East Haven Plane Crash Released

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It was just before 11:30 a.m. Friday when people in East Haven, Conn., started calling 911 about a plane that had fallen from the sky.

Caller: (very quiet and unintelligible)
Dispatcher: How many, uh, people on board?
Caller: We don’t know… I mean, he was inbound and he, he just fell out of the sky and crashed.
Dispatcher: OK. Stay, uh, I have a 911 coming in from Charter Oak Avenue, I’m gonna give you a call back with it.
Caller: OK, thank you, bye.


Stephen Johnson, the only dispatcher on at the time, gathered information as more calls came in.

Dispatcher: 911… Address of your emergency?
Caller: Hey listen, you had a plane go down by the Tweed Airport.
Dispatcher: OK.
Caller: I was going into Tri-Lift, and I just saw it go straight down into the ground.
Dispatcher: OK, thank you, sir.
Caller: Alright, bye.

As more calls came through, the severity of the crash became apparent.

Dispatcher: 911… Address of your emergency?
Caller: My name is Kathy (unintelligible). I’m at 64 Charter Oak Avenue. Uh, one of the planes going to Tweed New Haven Airport just crashed into a house.
Dispatcher: Ma’am, are you there?
Caller: Yes, I’m still here.
Dispatcher: OK, what’s going on there, ma’am? I know there was a plane crash. Uh, are there people injured?
Caller: Um, the woman is saying she has two children in the back room where the plane is.
Dispatcher: OK. Where did the, what did the plane crash into?
Caller: Into a house!
Dispatcher: Into a house.
(Caller telling someone in the background, “Come on, come on, get in the house.” It sounds like she is talking to a child named Christopher.)
Dispatcher: Ma’am, ma’am…
Caller: Yes?
Dispatcher: You’re gonna to be my eyes and ears, do not hang up the phone. I’m gonna put you on hold, I’m sending help.
Caller: OK. Thank you very much.


Ambulances were dispatched, and more were ordered as crews started making their way to Charter Oak Avenue.

Call answers: CMED?
Dispatcher: Hey, uh, 64 Charter Oak Avenue.
CMED: 64 Charter Oak, yup?
Dispatcher: It’s gonna be for a plane crash into a house.
CMED: Plane crash into a house.
Dispatcher: OK, so send me two ambulances and a priority one and I’ll get you more.
CMED: Yup.
Dispatcher: Alright.
CMED: Bye.

The crash happened Friday morning when a twin-engine plane flown by Bill Henningsgaard dropped from the sky while attempting to land at Tweed-New Haven airport, plunging into the homes at 64 and 68 Charter Oak Avenue.

Four people died in the crash, including Henningsgaard and his 17-year-old son, Maxwell, and two sisters who lived at one of the homes, Sade Brantley, 13, and Madisyn Mitchell, 1.

The girls' mother made it out safely.

The homes are scheduled for demolition, but it's not clear exactly when they will be torn down.



Photo Credit: NTSB

911 Calls Released as Israel Hernandez Is Laid to Rest

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Miami Beach Police released the 911 transmissions recorded the night that 18-year-old Israel Hernandez died after officers used a Taser on him, as nearly 100 friends and family members said their final goodbyes on Wednesday.

The audio depicts the foot chase as officers followed Hernandez from 71st Street and Collins Avenue last Tuesday morning, when officers said he graffiti tagged an abandoned building.

Officers followed Hernandez, described as having dreadlocks and a cream-colored, long-sleeved shirt, for about six and a half minutes before catching up with him at 71st Street and Harding Avenue where police said he jumped a fence.

Once there, officers told dispatchers that Hernandez was in custody, but less than 30 seconds later, said he might be having a seizure.

More Vigils Held for Miami Beach Teen Who Died After Taser Incident

"We don't know if the guy's having a seizure," an officer said. "He is breathing."

The officers called for rescue, which arrived four minutes later after going just one street too far and redirecting. One minute after that, officials said, he went into cardiac arrest.

Hernandez was taken to Mount Sinai Hospital where he later died, police said.

The teen was buried at 1 p.m. at Vista Memorial Gardens and Funeral Home in Miami Lakes, where mourners gathered Tuesday night for his wake.

While the results of the autopsy have not yet been released, a family spokesman said Wednesday the teen did not just die from the Taser.

"There was really bad bruises in the body that shows that it was more than just a Taser," Fabio Andrade said.

Services Donated for Teen Who Died After Police Taser Incident

A family friend who is a lawyer also spoke out.

"The way the police executed things was not the most appropriate," Neira Sheffer said in Spanish.

Family members, who had spent the entire night at the funeral home, hugged and wept as they remembered Hernandez.

 

"We want to say thank you for coming to support," sister Offir Hernandez said. "We appreciate it in the bottom of our hearts. It's a lot of support for me and my family and my brother."

Daniel Turbay, a family friend, said Hernandez's mother is weak from grieving.

"When you take a son away from a mother, I don't think there's a worse pain than that," Turbay said.

Meanwhile, workers spent Wednesday morning cleaning up the Miami Beach building where Israel Hernandez had been spray painting.

Cleaning crews began power-washing the graffiti-covered building (below) at Avenue around 7 a.m. and were expected to spend the day painting the exterior.

FDLE To Review Police Investigation of Death of Miami Teen



The incident is still under investigation.

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Photo Credit: NBC 6 South Florida

Nuclear Plant Closure a Billion-Dollar Hot Potato

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The closure of the San Onofre Nuclear Generating Station will cost billions of dollars - but the exact cost has yet to be determined, officials said.

But sides are lining up for the battle over who will be forced to bear the brunt of the financial pain.

"There's no way ratepayers should have to pay more of these costs," said Jamie Court, President and Chairman of the advocacy group Consumer Watchdog, arguing that investors should foot the bill. "They made the bad bet."

Court was responding to Monday's full-page newspaper advertisements in which San Onofre's majority owner, Southern California Edison, put customers on notice that it believes they have responsibility.

"If a utility asset must be retired before the end of its expected life, the utility recovers from customers its reasonable investment costs," the statement read in part.

The issue ultimately falls under the jurisdiction of the California Public Utilities Commission (CPUC). San Diego Gas & Electric and the city of Riverside hold minority stakes in the San Onofre Nuclear Generating Station, sometimes known by the acronym "SONGS."

San Onofre's first nuclear reactor had closed as scheduled in 1992. SONGS continued to generate power with two other reactors.

But they were shut down in January 2012, after leakage was discovered in the cooling systems of replacement steam generators installed in the previous three years. This past June, Edison announced it had given up hope of resuming electricity generation at San Onofre and would seek approvals to decommission the plant.

Edison expressed hope of recovering some incurred costs from insurers and from Mitsubishi Heavy Industries, the designer and supplier of the problematic generators that cost more than $600 million.

A clause in Edison's contract sets a $135 million limit on Mitsubishi's potential liability. Edison has indicated it believes that does not apply in this case.

Closing a nuclear power plant involves a number of different types of expenses. Because reactor components are highly radioactive and remain potentially dangerous for thousands of years, the process of dismantling the plant, securing radioactive components, and restoring the site is complex and costly.

The full plan for decommissioning is not expected to be ready until the middle of next year, Edison Executive SP Stephen Picket told the California Senate Energy Committee at a hearing in Sacramento on Tuesday.

Edison has estimated the cost will be on the order of $4.1 billion. Significantly, much of that is already funded from a dedicated trust account.

But there are other costs, including the investment loss. Ordinarily, the cost of building a power plant is recouped from a portion of the rates paid for the electricity it generates over its lifetime.

But with San Onofre plants 2 and 3 shutting down more than a decade earlier than originally planned, what has been recovered so far is short of projections. Edison has yet to provide the CPUC with a valuation on investment loss.

It involves "several factors," said Edison spokesperson Maureen Brown.

Edison has also incurred additional costs purchasing power wholesale to make up for the loss to its system of the 2200 megawatts formerly produced at San Onofre. That was enough to meet the power needs of about a quarter of Edison's nearly five million residential and business customers.

At some point, it's expected that Edison will have to invest in additional generating capacity. With uncertainty over the scope of the losses to be recovered, there are as of yet no projections as to what kind of rate increase would be sought.

But it would take an additional $200 from each of Edison's customers to produce $1 billion dollars. For Consumer Watchdog's Court, the situation brings to mind the late 1990s, when, in anticipation of deregulation, concerns were raised that utilities would not be able to recover the investment costs of some power generators.

Back then, the state legislature and CPUC agreed to impose a surcharge known as a "trust transfer amount."

"And now they're coming back again and saying they need help?" Court asked rhetorically. "I don't think so."

An initiative Consumer Watchdog spearheaded in 1998, Prop. 9, would have prevented utilities from recovering so-called "stranded costs" from ratepayers. But voters defeated the measure.

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