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Aztecs Win Over 25th-Ranked Marquette

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The Aztecs took on 25th-ranked Marquette in the title game of the Wooden Legacy up in Anaheim. The win was a big one for San Diego State University and has many predicting that Steve Fisher's team will soon be ranked.

The team played three games over a four-day period capped off Sunday night in the title game of the Wooden Legacy at the Honda Center.

Xavier Thames was money all night. He hit this first half 3-point shot to give State a three-point lead.

The game was tight throughout, but an early second half burst, capped by a Winston Sheppard dunk put State up by nine points.

The Golden Eagles closed the gap.

Then Aztecs went to Shepard again for a short jumper that gave the Aztecs a four-point lead.

Still up four with under a minute left. Thames drove the lane but his shot was blocked. Skylar Spencer was at the rim for the shot.

The Aztecs won it 67-59 and are now 5-1 on the season.

They play cross town rival USD Thursday.

 

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Photo Credit: AP

Trial to Begin in Kelly Thomas Case

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The trial in the criminal case of two former Fullerton police officers accused of beating homeless man Kelly Thomas to death two summers ago is scheduled to begin Monday.

On July 5, 2011, Thomas was hospitalized after an altercation with six Fullerton police officers at a bus depot. Police were called to the location to investigate a report of a vehicle break-in.

Thomas was hospitalized and died five days later when he was removed from life support.

Former Fullerton Police Department Officer Manuel Ramos is facing one felony count of second degree murder and one felony count of involuntary manslaughter. If convicted, Ramos faces up to 15 years in prison.

Former Cpl. Jay Cicinelli is charged with one felony count of involuntary manslaughter and one felony count of the use of excessive force.

Ron Thomas, Kelly’s father, was at the bus depot Sunday where his son was beaten to death. He said a candlelight vigil was being prepared ahead of the trial.

Ron said he hopes the jury will understand that his son is schizophrenic and not violent.

“This is our day,” he said. “It's finally here.”

Ramos’ lawyer John Barnett spoke with NBC4 by phone, saying his client was doing his job. Barnett said he believes the video will help his defense.

“We're going to put the video in context of the entire evening, and two decades that preceded it,” Barnett said. “I think when we do that the video will show no crimes were committed by police officers that night.”

The defense argues that Thomas ignored officer orders and fought with them.

“This use of violence is something that happened many times in Kelly Thomas’ past,” Barnett said.

A 13-page, 60-item questionnaire helped to narrow down a prospective jury pool from 2,000 to 117 in November.

Ron said he was told that the trial may run into January.

“For me, it's like opening wounds that never closed to begin with,” he said.

A hearing for a third officer, Joseph Wolfe, is slated for late January.

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Amazon's 30-Minute Drone Delivery

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Overnight shipping too slow? Soon, you may be able to get your online purchases delivered in 30 minutes -- by drone.

Amazon’s new Prime Air service hopes to deliver packages via unmanned “Octocopter” drones, CEO Jeff Bezos said on CBS’ “60 Minutes” Sunday. 

The drones can carry packages up to five pounds, which covers 86 percent of the items that Amazon delivers, Bezos said. The drones fly themselves using GPS coordinates.

The half-hour delivery service would likely be offered to customers living near large metropolitan areas, as the “Octocopters” will fly about 10 miles from company warehouses.

Bezos said the new delivery system is still four to five years away as the company awaits Federal Aviation Administration approvals and continues to fine-tune its method.

"The hard part here is putting in all the redundancy, all the reliability, all the systems you need to say, 'Look, this thing can't land on somebody's head while they're walking around their neighborhood,'" Bezos said.

Technology experts were skeptical such a service could be implemented so quickly, NBC News reported. A FAA status report released last month, meanwhile, called "the safe integration" of drones into the National Airspace System a "significant challenge." 

The fastest shipping method Amazon currently offers is one-day service, and the company says there is a demand for even faster delivery.

“We’re continuously working on ways to get packages to customers faster,” Amazon spokesperson Mary Osako said. “We think customers will love getting items in 30 minutes or less.”

Prime Air is still being tested, and Osako would not specify how long the program has been in development, saying, “It’s an innovation we’ve thought about for some time.”

Though it may seem like a concept out of a science fiction movie, Bezos promised Amazon Prime Air is real.

“It will work, and it will happen, and it’s going to be a lot of fun,” Bezos told "60 Minutes."

See a demonstration of the Prime Air program in the video from Amazon above or click here.



Photo Credit: Amazon

"Today" Tech Killed in Derailment

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An NBC "Today" show audio technician on his way to help set up for the Rockefeller Center tree lighting was one of the four people killed when a Grand Central-bound Metro-North train derailed in the Bronx Sunday morning.

Jim Lovell, 58, of Cold Spring, was taking the early train to New York to do setup work for Wednesday’s tree-lighting special when the train came off the tracks near the Harlem River just north of the Spuyten Duyvil station. More than 60 other commuters were hurt, including 11 who suffered critical injuries.

The show’s executive producer, Don Nash, tweeted condolences Sunday night and shared the news with the "Today" staff in a note on the show's website.

“Jim worked on 'Today' for over 20 years,” Nash wrote. “He was not only a skilled technician but also one of the nicest guys you ever met. You may have seen him working at many of our outdoor concerts. He always had a smile on his face and was quick to share a friendly greeting.”

Another passenger killed on the train, 54-year-old Donna Smith of Newburgh, N.Y., was remembered as a dedicated member of the community who worked two jobs.

"She was very giving, very giving and loving, and she cared about people," said Kathy Cerone, a neighbor. "She cared. And she was a good friend and a good neighbor."

A second woman who died in the crash, Kisook Ahn, of Queens, worked nights as a nurse at a home for disabled children in Ossining. She was on the train Sunday after working overnight, according to the facility.

Linda Masiello, an administrator at Sunshine Children's Home & Rehab Center, said the other nurses were devastated to learn of Ahn's death.

Lowell, the "Today" tech, had three sons and a daughter. His wife, Nancy Montgomery, was a Phillipstown councilwoman. Friends and neighbors remember him as a doting father who was active and involved in the community. 

One of Lowell's sons posted a photo of his father to Instagram Sunday. In the caption, he said the 58-year-old made him the man he is today.

"I love you and I miss you," he wrote. "I can't believe you're gone. This feels like an awful nightmare that I can't wake up from."

Richard Shea, one of Lowell's childhood friends, said that he was "the salt of the earth."

“There's a huge hole in the heart of this town tonight," he said.

--Lori Bordonaro contributed to this story



Photo Credit: AP

Dog Beach Closed

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A section of San Diego’s coastline has been closed due to a large sewage spill officials said Sunday.

The closure includes the popular Dog Beach in Ocean Beach and parts of South Mission Beach.

San Diego lifeguards posted signs Sunday warning swimmers, surfers and others about the contamination caused by a nearly 22,000 gallon sewage spill.

The spill started Sunday afternoon near Interstate 15 and the San Diego River, officials said.

Soon after, the County Health Department ordered parts of Ocean Beach and South Mission Beach closed.

The boundaries include north and south of Mission Bay channels, the northern end of Ocean Beach and the area near South Mission Beach Jetty.

 

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Photo Credit: Janet Thullen

Search for Man Who Abducted Boys

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Two boys, reported missing from the Los Angeles area, have been found safe in San Diego County, according to LA Sheriff’s officials.

Officials said the boys, ages 9 and 10, were abducted from Harbor City the day before Thanksgiving. The prime suspect was the boys' father, 36-year-old Charles Samuel Baines, Sr. Baines is currently on parole and does not have custody of the children.

On Saturday, a Good Samaritan brought the boys to U.S. Customs and Border Protection officials at the San Ysidro port of entry, according to LASD. The boys were unharmed and returned to their grandmother in Harbor City.

The boys’ father is still on the loose, believed to possibly be in Mexico.

A wanted bulletin described Baines as 6-foot-4 and 270 pounds with a shaved head. He has a distinct facial tattoo that says “drug cartel” on his left cheek.

Deputies are also looking for a red 2008 Kia Spectra, license plate 6FMN288, which was stolen from the grandmother’s house.

Anyone with information on Baines’ whereabouts is asked to call the Carson Sheriff’s Station at 310-830-1123 or Crime Stoppers at 800-222-8477.

 

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Photo Credit: Los Angeles Sheriff's Dept.

Pregnant Woman Shot 3 Times

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San Diego police are looking for the person who shot a pregnant woman Sunday night in the East Village.

According to police, the woman was with a group of people in front of a residential hotel at 940 Park Boulevard. Just before 6:30 p.m., a man walked up and shot the woman three times.

She was taken to the UCSD Medical Center. Police Lt. Paul Phillips said both the 31-year-old woman and her baby are expected to survive.

Several people witnessed the shooting, including Veronica McNeil.

“The next thing I know, a guy came up and shot three times. Pow, pow, pow,” McNeil said.

McNeil said the woman had been shot in the stomach.

“She was just worried about her baby, was the baby alright in her stomach,” she said.

Police described the suspect as a tall, thin man in his 20s who was wearing a baseball cap, dark leather jacket and beige shorts. Witnesses saw him drive away in an older white pickup truck.

When asked about a motive, Lt. Phillips said, “I’m not sure if anything was said or an argument. It’s possible. Again, we’re going to look at that and talk to everyone who was there.”

The experience left residents shaken.

“I was trying to save myself,” McNeil said. “I was smelling the gun powder, and my ears were ringing from the shots.”

The San Diego Police Department's Gang Unit is investigating the incident.

 

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Photo Credit: NBC 7

PTSD Likely for NYC Train Vics: Doc

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Several passengers hurt in the deadly Metro-North train derailment were still in intensive care on Monday, and even those with minor injuries are likely to suffer from the mental trauma of the crash, a hospital official said.

Dr. David Listman, emergency room director at St. Barnabas Hospital, said the facility had seven patients in the ICU, one in critical condition. At NewYork-Presbyterian/Columbia, two are in critical condition.

Many more will be affected by post-traumatic stress, Listman said. The train was rounding the curve when its first four cars derailed, sending several skidding down a slope on their sides, hurling passengers through windows.

Gov. Andrew Cuomo, who toured the site on Sunday, said on the "Today" show Monday that the train cars filled with dirt, stones and tree limbs as they slid along the ground.

"It actually looked worse up close -- it’s your worst nightmare," he said. "People get on the train in the morning, they think they’re going to have just another day, and then tragedy strikes."

Riders reported clinging to luggage racks and seats. Some 150 people were on the train, and more than 60 people were injured.

"I think a lot of these people are going to have to contend with getting back to normal life at some point and having to get back on a Metro-North train that goes right through that same area at some point," Listman said. "And I think that's going to be very difficult for them, honestly."

The hospital received 12 patients from the crash, and two have been discharged, he said. One, a man with spinal cord injuries, remains in critical condition. 

Most of the patients were women in their 40s and 50s, he said. 

But one of the injured was a 14-year-old boy who takes the train to school in the Bronx. He had only minor injuries, but Listman said the boy's family is worried about him recovering from the experience.

"I spoke to his mom yesterday and she was very concerned, from his perspective, how is he going to get back on a Metro-North train to come to school every day?" he said.

 



Photo Credit: AP

Chargers '63 AFL Championship Team Honored

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Eleven players from the Chargers '63 title team were on hand for a special recognition Sunday.

Toys "R" Us, Babies "R" Us Settle

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The national retail chain Toys “R” Us and Babies “R” Us has been ordered to pay $178,730 in a legal settlement over pricing errors at the companies’ Southern California locations.

More than 4,000 pricing inaccuracies were found as a result of an undercover investigation involving San Diego County and Los Angeles County prosecutors.

The inspections were done between late 2009 and mid-2012 and “revealed a significant pattern of inaccuracies in the check stand prices” officials said.

Overcharges occurred in 5 percent of all purchases.

On Monday, the Delaware-based company which owns and operates more than 40 stores in Southern California agreed to pay investigative costs of $28,730 and $150,000 in civil penalties to be divided between the two counties.

Under the terms of the settlement, entered without admission of liability, Toys “R” Us must launch an additional internal compliance program that reports annually to the Los Angeles and San Diego District Attorneys’ Offices.
 

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Photo Credit: Getty Images

San Diego Parents Take Homework Challenge

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It’s not uncommon to hear parents and students complain about too much homework assigned by teachers.

As California transitions to the new Common Core curriculum focusing on critical thinking skills, some parents and students say the homework situation is only getting worse.

So NBC 7 put parents to the test.

For one week, three San Diego moms tried to complete the homework assignments given to their children.

The mothers took the homework assignments and did them alongside their children, not in place of the kids.

The women, each very smart in her own right, kept track of the time it took each night.

They even videotaped themselves doing the assignments and occasionally asking questions of the students.

Gladie Jaffe did her son Cooper’s 6th grade homework. A working mom whose busy season was upon her, she said it was hard to find the time to do it.

She felt it was a lot of homework “especially for kids who are busy doing things.”

“They’re at school the same kind of hours we are at work. Then to come home and have another hour or maybe hour and a half of work, it doesn’t give the brain a whole lot of time to rest,” Jaffe said.

Wendy Van Dyk did her son Mitchell’s 5th grade homework. A mom who works mostly from home, she said, “It wasn’t as bad as I thought.”

But, she adds, her week of homework was not as bad as the week before, when she says it took Mitchell an hour and a half to do his Math homework.

The Math problems are more complicated, in that instead of doing just the worksheet, “you have to create a Math problem and explain how you came up with the problem,” Van Dyk said.

Gretchen Veihl did her daughter Allie’s 8th grade homework.

When I checked in on her one Friday night, she was excited she had been assigned an essay to write.

Veihl said the homework can pile on, especially when all the tests come at the same time. One week, she says, Allie had to study for three tests.

Still, all three moms felt the homework was overall “quality” homework, and even relevant.

“I don't remember when I was growing up ever getting anything that related to why I had to know something to the 6th power,” Veihl said.

They also said homework was important to teach kids time management skills.

“One day I did it when he was at swim practice, so I had to shut the other moms off from coming to talk to me because I was sitting down doing my homework, so I didn’t get to socialize,” Van Dyk said.

Finding the right balance, they told me, is the challenge. Finding the time is another.
 

WATCH: Woman Curses Out Judge

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A woman facing a charge for a brawl while in jail repeatedly cursed at a Miami-Dade judge Monday, prompting the judge to raise her bond to $20,000.

Mylife Rivera-Vazquez, 21, went on two obscenity-filled tirades against Miami-Dade Circuit Judge Migna Sanchez-Llorens. In between them the judge asked Rivera-Vazquez why she was being so disrespectful, and she explained that she was being accused of a crime she did not commit.

Sanchez-Llorens ordered corrections officials to take Rivera-Vazquez to a clinic, saying she might have mental health issues.

Rivera-Vazquez made a court appearance via video to face a new charge of battery on a law enforcement officer. She said she didn’t have money to hire an attorney and said she was in handcuffs when the incident occurred.

Rivera-Vazquez, who was arrested on an armed robbery charge in April and has been in jail since then, was involved in a physical altercation with another inmate at the Turner Guilford Knight Correctional Facility on Sunday, Miami-Dade Police said in an arrest report. When a corrections officer tried to separate the inmates, Rivera-Vazquez spit in the officer’s face, the report said.

Sanchez-Llorens initially set her bond for the charge at $10,000 and prepared to move on to the next case – but the defendant asked why her bond was $10,000.

“Excuse me, Your Honor,” Rivera-Vazquez said. “Yes, Ma’am,” the judge replied.

An official told Rivera-Vazquez not to speak about the facts of her case. She did so briefly, mentioning another woman involved, before asking the judge what was going on.

“OK, Ma’am, you’ve been given a $10,000 bond, OK? Thank you,” Sanchez-Llorens said, calling the next defendant.

“I’ve been given a $10,000 bond for what, man? F--- you, you f---ing off p------ judge,” Rivera-Vazquez said, walking away.

The judge asked her to return, and after a few moments she did.

“Was there a reason for you to be so disrespectful? I was not disrespectful for you, Ma’am,” Sanchez-Llorens said.

“Yes, there’s a reason for me to be disrespectful, because I’m in (a) red jumper, I don’t know why, because I’m getting accused of a battery that I did not commit while I was in handcuffs,” Rivera-Vazquez said.

“This is not the time to do it,” the judge said, telling Rivera-Vazquez to be quiet.

Rivera-Vazquez maintained that she didn’t commit battery because she didn’t hit the officer. Sanchez-Llorens increased her bond to $20,000 – prompting Rivera’s second outburst.

“You can increase it to whatever the f--- you want, how about that?” Rivera yelled.

“Alright, thank you, Ma’am. Good,” Sanchez-Llorens responded, smiling.

“F--- you and the boat you rode in, you f---ing p------ judge,” Rivera-Vazquez yelled before she left.

In January the father of Rivera-Vazquez's toddler and her boyfriend died on consecutive days.

The father, Raul Rivera, died on Jan. 20, one day before a fight between his girlfriend and Rivera-Vazquez, according to authorities.

Rivera-Vazquez’s boyfriend Kristofer Astorga, 22, was then killed in a Jan. 21 car crash in Miami that injured Rivera-Vazquez and her then-15-month-old daughter Juliet Rivera, police said. They said they believed that Astorga was trying to speed away from the conflict between the two women.

Rivera-Vazquez was later arrested and charged with two counts of simple battery, according to police.

Raul Rivera's girlfriend and his mother were appointed as the toddler's caregivers.

Even if Rivera-Vazquez posts the $20,000 bond, she is being held on no bond on the armed robbery charge, corrections records show.

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Photo Credit: NBC 6 South Florida

December Nights: What You Need to Know

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Thousands of San Diegans will gather at Balboa Park this weekend for the annual tradition - December Nights.

Once known as Christmas on the Prado, the large community festival offers everything from live musical performances to carousel rides to festive outdoor caroling.

Sure, everyone knows the museums offer free admission to the December Nights crowds from 5 to 9 p.m. both evenings. But that's not all there is to do. Here's just a sampling of what's offered at the free festival.

  • Enjoy the Japanese Friendship Garden for free Saturday from Noon to 4:00 p.m.
  • Get your gingerbread house fix at The Mingei International Museum.
  • Pick up your roasted chestnuts and cocoa at the San Diego Art Institute.
  • Pose with Santa Claus at the San Diego Automotive Museum for a $2 donation
  • Celebrate with some Holiday Tuba Friday in the Natural History Museum atrium
  • Watch San Diego Civic Youth Ballet perform The Nutcracker at Casa del Prado Theater
  • Visit with Jolly Old St. Nick in the Spanish Village
  • Dance to reggae in the Kwanzaa celebration at the World Beat Center

December Nights 2013 Entertainment Schedule

Among the different snacks available are the Swedish meatballs and the traditional Swedish beverage Glögg at the California Quadrangle. Of course, you can't go wrong looking for food in the International Cottages. France will have crepes, India will serve samosas and Austria will be cooking up bratwurst with sauerkraut. You may want to swing by the Philippines for lumpia or Panama for tamales.

American fare will be offered at a number of other spots including the hamburgers and hot dogs served up at the San Diego Hall of Champions Sports Museum.

Complete listing of food offerings

If you're looking for free parking, it's limited to the San Diego Zoo parking lot. There will also be parking offered at $20 per vehicle at the Natural History Museum, South Carousel and Inspiration Point lots.

Free parking for people with disabilities is available in the Federal and Space Theater lots.

You're best bet may be to park at City College for free or PETCO Park for $3 to $5 per vehicle and hop on the free shuttle.

Shuttles run on Friday from 3:00 to midnight and on Saturday from 11:30 a.m. to midnight. You’ll need to get to the shuttle location before 7 p.m. to ensure you’ll catch a shuttle to the event.  All shuttles drop off at 6th Avenue and Laurel Street.

December Nights 2013 Event Parking Map

It's recommended you avoid State Route 163 southbound during the hours of 5 to 8 p.m.

A construction project has closed one lane of Park Boulevard in each direction between University and Polk Avenues.

Prepare ahead of time by downloading a special app designed just for this event. Also, take a moment to see where there will be free WiFi offered and how to access it.



Photo Credit: NBC 7 San Diego

Face Seen in WTC Column From 9/11

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A piece of a steel column salvaged from the wreckage of the World Trade Center after 9/11 is stirring speculation over whether a face can be seen on the twisted structure.

The column is being prepared for exhibit in the underground National Sept. 11 Memorial & Museum as one of two pieces of so-called "impact steel." Those are two fragments of the north tower facade that experts believe come from the exact point where the plane struck the building between the 93rd and the 99th floors. 

Workers at the museum have discussed the supposed face in the steel, and some see it and some do not, according to a source at the museum. Lighting and angle apparently play a role in whether the face is visible.

The Sun publication in the UK ran a photo of the steel over the weekend with the headline, "Vision spotted in 9/11 memorial," calling it an "image that will haunt the world." 

But the source at the museum said the apparent face has been discussed for some time among workers, with some even referring to it as "the Angel of 9/11."

A spokesman for the museum said: "People often find meaning in tragedy. For us, this piece of steel is historically important to include in the museum as it helps to tell the story of 9/11."

The National Sept. 11 Memorial & Museum is set to open in 2014

--With reports by NBC News

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Photo Credit: AP

Trolley Hits Man in East Village

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A trolley hit a pedestrian Monday night at J Street and Park Boulevard in East Village.

The male victim suffered minor injuries and trolley delays are expected.

Check back for more details.



Photo Credit: NBC 7 News

Bomb Hoaxer Awaits Punishment

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With a single phone call, Victor Diaz, 28, tied up Thanksgiving Day traffic for miles on Interstate 15, landed himself in county jail and cost taxpayers thousands of dollars for emergency response crews. A legal expert tells us he isn't likely to serve any time for the prank.

"It's like, yeah, we're not going to send this kid to prison, but we need to send a message that this kind of behavior is not going to be tolerated," Attorney Tony Solare, a former prosecutor, told NBC7. "This doesn't smell like a custody case, but you know, some days of picking up trash and maybe a like a fair number of days picking up trash to like, re-enforce like, 'Hey, don't do this any more.'"

Using a phony voice, Diaz "pranked" his sister, claiming he'd placed a bomb in her car, set to explode while she was driving to the family's Thanksgiving dinner, in Escondido.

Deanna pulled over in a panic, ditched her car and ran from the freeway. Then called 9-1-1. Emergency crews responded in full force, including a San Diego Fire-Rescue bomb experts. 

"Those are considered felonies. It's like doing the real thing. And the consequences can be very dire," said San Diego Fire-Rescue spokesman Maurice Luque.

Traffic was at a standstill for 3 hours. Mostly with families on their way to Thanksgiving dinners. Diaz's sister, Deanna, tells us her brother is extremely sorry for his bad judgement.

For now, Diaz remains in county jail, being held on $50,000 bail. His first court appearance is scheduled for Wednesday. New details about his alleged crime could be revealed at that hearing.

Christian HS Fights For Playoffs

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Christian High School in El Cajon is having a great football season. The team is 11-1 – not bad for a team that’s not even supposed to be playing in Division 3.

If they beat a very good San Marcos team on Saturday night at Mesa College, it will be three straight wins over schools of 2,000-plus students. Christian’s enrollment: 384 students.

“This is probably the best team we’ve had in a long, long time at Christian,” said Christian Athletics Director David Beezer. “We’re actually a Division 5 school,” Beezer said. “We’re a small school that was pushed up to Division 3 in the CIF format locally.”

According to the selection information in the CIF handbook, the Division 3 champion is eligible to play in the Division 2 state bowl game. However, on the same page is a special exception a Division 3 champ with enrollment under 500 will be considered for the Division 4 bowl.

And that’s where the controversy lies.

“Christian is playing in a higher division in San Diego than they have in the past, So (they) weren’t familiar with the way it was set up,” said San Diego section commissioner Jerry Schniepp, who has been the conduit between the school and the state office.

He said the state office thinks the school is wrong. The school says otherwise.

“If anybody looks at (the document), and reads it, you would certainly think we’d be placed in Division 4,” Beezer said.

On Monday morning, Christian filed a lawsuit against the CIF to earn consideration for a Division 4 state title shot – assuming they win on Saturday.

The distinction is important. If lumped into the long line of schools eligible for Division 2, the Patriots likely will not earn an invitation to a bowl game. At the Division 4 level, a shot at state is almost guaranteed.

“All there has been is an interpretation at this point,” Schniepp said.

The CIF will hold executive meetings Tuesday in Sacramento. On the agenda are updates on four different lawsuits currently filed against the organization, as well as five anticipated lawsuits. Christian’s case is among them.



Photo Credit: NBC 7 San Diego

Sandy Victims Await Money

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More than a year after Sandy, a state program designed to help storm-devastated homeowners has handed out repair money to just five Long Island families out of thousands who have been promised funds, NBC 4 New York's I-Team has learned.

New York Rising, the state's federally funded housing recovery program, was announced in the spring of 2013. So far, five homeowners out of thousands who need help have gotten paid for repairs, and 60 homeowners have received home buyouts.

Of the 10,000 or more families who have applied for repair money, 4,600 have received letters that said it was on the way.

"This is the second holiday season we don't have a home," said Debbie Gialanze of Long Beach. "This is not Sandy's fault, this is FEMA, our government and insurance company's fault. They're keeping us from coming home."

The Gialanzes have not been able to start rebuilding their Long Beach home because they have only received about a third of the $250,000 insurance policy they have paid for over 26 years.

The family was told that the structural damage to their home occurred before Sandy and therefore would not be fully covered. It's a little-known provision in their policies called the earth movement exclusion clause.

Michele Mittleman of Freeport had to demolish her home because it was so badly damaged. She has not started rebuilding, either; she has received only half the value of her flood insurance policy.

Both Mittleman and Gialanze hoped New York Rising would help them where their flood insurance failed. In September, Gov. Andrew Cuomo announced that New York Rising would "fully compensate homeowners" or "repair costs of damage due to ‘earth movement'" and to "bridge this unfair gap in insurance coverage."

"We were ecstatic when Gov. Cuomo when he said he wanted to fully compensate earth movement exclusion clause victims," said Mittleman.

But neither Gialanze nor Mittleman have received a check. Instead, they have received award letters that, in their minds, only covered a portion of the cost of rebuilding.

New York Rising officials say the federal government requires them to deduct outside payments from flood and home insurance and even grants from charity in order to determine a fair amount that the federal government will pay.

Director Seth Diamond believes that the money provided will give people a chance to rebuild.

"We think we are giving them enough money combined with their other resources so they can have a home," said Diamond. "We also have to remember the federal government won't pay for everything. They have very strict caps on what they will grant, so we do have to live under those rules."

Diamond acknowledged the program needed to get more payments out but said there was an extensive process in distributing the money, citing the federal government's strict requirements and inspection system in place to prevent fraud. 

However, Diamond said New York Rising "will be making many more payments in the coming weeks."

Higher Charge in Facebook Killing

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The South Miami man who allegedly killed his wife and posted a photo of her body on Facebook now faces a first-degree murder charge, according to online court records.

Derek Medina, 31, had initially faced charges of second-degree murder, shooting a deadly missile and child neglect without great bodily harm in the Aug. 8 shooting of his wife Jennifer Alfonso, 26.

But he had a court hearing Monday with the updated charges, according to court records. NBC 6 South Florida learned that an indictment was filed, but it was not immediately available.

Medina previously pleaded not guilty to the first-degree murder and child neglect charges, and had not entered a plea for the shooting a deadly missile charge.

Medina told detectives he shot Alfonso in self-defense after she continually punched him and pulled a knife on him in their South Miami townhouse, according to Medina’s sworn statement to police.

Medina took the knife away from his wife and put it back into a kitchen drawer before the shooting, a police search warrant said.

But the victim's best friend, Daysi Fernandez, claimed that Medina was the aggressor.

Medina repeatedly shot Alfonso at point-blank range as she may have been kneeling and trying to shield her face, according to a medical examiner’s report.

Medina admitted to posting the photo of his wife’s body and an admission on his Facebook page before he surrendered to police, according to the warrant.

He said he posted the photo to notify his wife’s family, the sworn statement said.

Medina called his boss to confess to the crime, a 911 call released in October revealed.

Medina is being held without bond.

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Photo Credit: NBC6.com

Woman Uses Hot Wax to Stop Robber

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A woman used hot wax to fend off a would-be thief in Dallas' Oak Cliff neighborhood Sunday night.

Teresa Mendez said she was on the 2500 block of Jefferson Boulevard, on her way home just after 8 p.m., when a man sprinted up to her in her front yard, pulled out a knife and demanded her bag and her money.

Mendez said she repeatedly told the man she didn’t have any money and she left her purse in the car.

Mendez works as a beautician and the bag she was carrying was full of nothing but plastic containers and miscellaneous items from her salon.

She said at one point she tried using a pair of scissors she had in the bag to fight off the man. When that didn’t work she said she used the only other thing she had, a container full of scalding hot wax which she threw at his face.

Mendez said the man ran up the road, with his skin peeling, jumped into a car with two other men and sped off.

Mendez’s husband, Antonio James, arrived home minutes after the incident.

“I said, 'What happened?' She said, 'He tried to steal my bag.' I thought she was talking about her purse. She said, 'No, my plastic bag!' I said, 'Oh my God, just leave it there,'” James recalled.

A Dallas police report describes the man as a black male. Mendez and her husband believe it’s safe to add “with a scalded face” to that description.

"He thought he could scare her, and she doesn't scare," James said.

The Dallas Police Department is asking anyone with information about this incident to contact them immediately.



Photo Credit: NBC 5 News
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