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Lansdowne Discusses Decision to Retire

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NBC 7's Gene Cubbison speaks with SDPD Chief William Lansdowne about his decision to retire from the department.

Arevalos Victims Oppose New Chief Move

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Though many local leaders approve of the naming of new SDPD Chief Shelley Zimmerman, not everyone thinks the new hiring decision is a good move. Through their attorneys, two victims of SDPD ex-cop Anthony Arevalos say the hiring decision was done hastily. NBC 7's Rory Devine reports.

Inside Hernandez's New Jail Cell

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Jailed former NFL star Aaron Hernandez has been moved to a more restrictive part of the Connecticut jail where he's awaiting trial on murder charges, one day after his altercation with another inmate, authorities told NECN.

In an exclusive jail-house tour, NECN viewed the area of the Bristol County House of Correction where the former New England Patriot is now locked in a cell behind a heavy black door, marked with "EE," in a special management area.

He must stay there for 30 days, according to the Sheriff's Department.

Earlier Wednesday, Sheriff Thomas Hodgson addressed the scuffle that sent Hernandez there.

"We're investigating it now to find out why two inmates would have been out at the same time in that unit," said Hodgson.

A source close to the investigation tells NECN that Hernandez was not in handcuffs at the time of the incident, but the other inmate was. It allegedly happened in an area right outside his former cell.

A source also tells NECN Hernandez and the other inmate had been taunting each other in the days leading up to the altercation.

Sheriff Hodgson says he wasn't sure of that information at this point, but that a full investigation is underway.

"I'm not happy that there may have been a breakdown in our system and our protocols," he said.

At least for the next 30 days, Hernandez will have to stay in the more restrictive unit.

His cell looks similar to the one he was in prior to the altercation. It's a small barren room, with bars on the windows, a double bunk bed, stainless steel toilet and a small sitting area. However, Hernandez can no longer eat meals by himself in the cafeteria; instead, he must take meals in his cell.

Prior to this altercation, jail officials say Hernandez was able to go outside for recreation time uncuffed.

Now, he has to be in cuffs, complete with a waist chain and leg irons every time he leaves his cell.

Some other conditions remain the same: Hernandez must spend 23 hours a day in this cell, except for three showers a week, and one hour of recreation a day. He can also take phone calls at times and have lawyer visits.

Hernandez has pleaded not guilty to the murder of 27-year-old Odin Lloyd.

He's in jail awaiting trial.



Photo Credit: Boston Globe via Getty Images

Autistic Teen's Death Undetermined

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The medical examiner's office has concluded that the cause and manner of Avonte Oquendo's death cannot be determined.

The remains of 14-year-old Oquendo, a non-verbal autistic boy, were found along the East River in Queens in January. He had been missing since last October, when he bolted out of his Long Island City school.

His disappearance launched a search that extended citywide and beyond, and captured the attention of the nation.

The family's lawyer, David Perecman, filed a notice of claim in October, the first step in suing the city, and has publicly listed a number of mistakes he alleges contributed to the boy's disappearance and what he has described as a flawed search effort. 
 
The city's law department has called the boy's death a tragedy and said its attorneys will review a lawsuit when it's filed.

The Department of Education had no immediate comment. The NYPD said the matter is under investigation and it could not comment because of pending litigation.

City Atty. Discusses SDPD Audit

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During a press briefing to announce the appointment of SDPD Asst. Chief Shelley Zimmerman to the position of chief, San Diego City Attorney Jan Goldsmith spoke briefly about plans to conduct an independent review of the San Diego Police Department.

Clinton Addresses Women's Rights

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Hillary Clinton told an audience at the University of Miami Wednesday night that all countries, including the U.S., must allow “full participation” for girls and women.

The former secretary of state addressed women’s rights and human rights in her speech before an estimated crowd of 6,100 at the university in Coral Gables.

“I believe strongly that the more we can get people to participate, to have a stake in the future, the better off we will all be,” she said.

Clinton praised the Arizona governor’s veto of a bill that would have let businesses refuse to serve gays and lesbians on religious grounds. Students cheered loudly when they heard Clinton’s comments on that issue.

Clinton spent several minutes talking about the unrest in Venezuela.

“It is a country that is not being well-governed, and it’s a democracy, no one would argue that it isn’t. But a democracy doesn’t just mean an election. A democracy means a free press, protecting the rights of opponents, protecting a free economy,” Clinton said to applause.

The loudest and longest applause of the night came when someone mentioned a presidential run for Clinton, who vied with Barack Obama for the Democratic nomination in 2008. She told the crowd she is pondering the notion.



Photo Credit: NBC 6 South Florida

Shots Fired in Downtown Standoff

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After shots were fired inside a downtown apartment building Wednesday, a man was found dead inside one of the units, San Diego police said.

The man was inside an apartment in the 900-block of Broadway threatening to harm himself and others, police said. 

Around 11 a.m., San Diego police blocked streets and sidewalks and brought in SWAT officers.

The suspect could be seen standing in a window on an upper level of the apartment building, officials said. He was identified by police as a man in his 50s. 

Officers attempted to make contact but they say the man was not responsive. Officials say he was acting despondent and agitated during the standoff.

Armed officers were positioned behind patrol cars in the middle of the street outside the corner where a popular lunchtime spot, Hodad's, is located.

Approximately 40 minutes into the incident, multiple gunshots were heard from inside the apartment building.

About an hour later, officers said they entered the unit and found the man "down." Medics determined the man was dead, according to police officials.

San Diego police homicide investigators said an officer positioned outside the building saw the suspect raise his rifle and allegedly point it toward officers.

That's when an officer opened fire, fatally striking the suspect. The 62-year-old was pronounced dead at the scene a short time later.

The suspect did not fire his weapon, officials said. 

No one else was injured.

Police have not yet identified the suspect or the officer involved in the shooting. Officials did say the officer is a 22-year veteran of the San Diego Police Department.

Parents of San Diego High School students were informed of the standoff. There was no lockdown at the school, officials told NBC 7.

At least 120 construction workers were evacuated from the building next door.



Photo Credit: NBC 7

Cox Communications to Move Call Center

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Cox Communications is moving 475 call-center jobs out of San Diego.

The call center is in Kearny Mesa along Highway 52.

The company is consolidating 19 call centers around the country into seven facilities in the United States: Phoenix and Las Vegas are the closest, with others in Wichita, Omaha, Oklahoma City, Hampton Roads and Baton Rouge.

A spokesman says local employees are eligible for jobs at those new facilities.

If hired, they'll received a $25,000 moving allowance.

Those who don't move will stay on the job for up to 7 months and then receive a severance package.


Ex-Husband Arrested in Brick Attack

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A man allegedly used a brick to brutally beat his ex-wife as she was taking out the trash at her Chula Vista home, police said Wednesday.

Rand Huffman, 63, of Los Angeles County faces charges of attempted homicide, torture and kidnapping.

Neighbors called 911 around 6:40 a.m. when they heard the woman’s screams.

Officers responded to Twin Oaks Circle near E Street. They found the suspect with his knee on the woman’s throat, trying to cut off air, officials said.

“The victim received multiple injuries, according to a witness, and was dragged to the back of the property,” said Chula Vista Police Capt. Lon Turner.

The victim, described as a woman in her early 60s, suffered serious head injuries. She was transported to a nearby hospital where she was rushed into emergency surgery. On Wednesday afternoon, she was in critical condition.

The couple had been divorced for decades, according to police. In fact, officers said Huffman hadn’t spoken to his ex-wife in nearly 30 years.

He recently rekindled the relationship with his son, who lives with his ex-wife.

Gabrielle Irons is an in-home nurse for one of the victim's neighbors.

“My client said, ‘I haven’t seen him in years come around here at all.’ She was just as shocked to find out,” Irons said.

However, witnesses told police that they saw the suspect sitting in a car in the neighborhood last weekend. Police said Huffman was wearing gloves and had a Taser and a knife on him Wednesday morning. These clues lead police to believe that the attack was premeditated.

Police said Huffman parked several blocks away and waited for his ex-wife to come outside. He picked up a brick at the scene.

The son was home at the time of the attack. Police were questioning him at a nearby station to try and determine who the target of the attack was.

Turner said the son had taken out a restraining order on his father after a financial dispute over a piece of property.

“We think that may have been some catalyst as to why he showed up here today,” he said.

Chula Vista police were working with Los Angeles County detectives in another county to get a search warrant in the investigation
 



Photo Credit: Nicole Gomez

Robber to Clerk: "Times Are Tough"

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San Diego police are looking into a string of armed robberies at several gas stations overnight.

At least five robberies happened overnight with the most recent occurring in the Kearny Mesa area.

There, officers say the suspect told a gas station clerk "I'm sorry to do this, times are tough, not going to hurt anybody."

The female clerk told police the gunman walked in just before 2 a.m. The man then displayed a gun, demanded cash and left.

Three robberies happened along Clairemont Mesa Boulevard, one on Balboa Avenue and another on Carmel Mountain Road.

In some cases, the suspect brought canned drinks to the counter and asked for cigarettes.

Another robbery in Rancho Penasquitos may be connected.

Officers say a man with a gun robbed a Mobile gas station on Rancho Penasquitos Boulevard around 8 p.m. Tuesday.

No arrests have been made in the string of robberies. Investigators were working to gather information for a suspect description.

Check back for updates on this developing story.
 



Photo Credit: Shutterstock

Faulconer Names New SDPD Chief

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Mayor-Elect Kevin Faulconer has chosen a new chief to lead the San Diego Police Department, in light of Chief William Lansdowne's retirement.

Flanked by other city leaders, including City Attorney Jan Goldsmith and councilmember Marti Emerald, as well as Lansdowne, the mayor-elect announced that SDPD Assistant Chief Shelley Zimmerman will serve as the new chief.

“The San Diego Police Department needs leadership now. Chief Zimmerman is a 31-year veteran, and she’s ready to lead," said Faulconer.

“As your mayor, my top priority is ensuring a healthy San Diego Police Department that services all of our neighborhoods every single day of the week. I believe there is no better choice to lead this department and to accomplish this goal than Assistant Chief Shelley Zimmerman. She understands clearly what will be acceptable in this department and what will not be,” he added.

“She knows how critically important it is that we recruit and retain the best and brightest officers to serve this great city of ours. Working together, all of us, we will support this department from the ground up,” said Faulconer.

The mayor-elect said his focus remains on "ensuring trust" of the SDPD and moving forward. He also said he and city leaders plan to have an outside national agency conduct a review of the SDPD.

When Zimmerman took the podium at Wednesday's briefing, she expressed gratitude for the opportunity to serve as SDPD chief.

“I am absolutely, extremely grateful, extremely honored, extremely humbled and consider it an absolute privilege to wear this uniform and this badge for the San Diego Police Department and I can’t thank you enough for this opportunity,” said the new chief.

She went on to thank Lansdowne for his service, guidance and leadership.

“Chief, we are a better department and a better city because of all of your efforts,“ said Zimmerman, addressing Lansdowne who was standing near her.

“Chief, it was you who gave me the opportunity to work in a variety of assignments and in several leadership positions. And it was you that had prepared me well for today to become the next police chief of our great department,” Zimmerman added.

The new chief also hit on the recent scandals plaguing the police department.

“As a proud member of our department for 31 years I can tell you without question that 99.9 percent of our officers serve every single day with honor, distinction and professionalism, and for those few that make the absolute terrible decision to discredit this badge and dishonor our profession, I will not tolerate this,” said Zimmerman.

She said she fully supports the audit of the department.

Lansdowne also took a moment to say a few words at the press briefing, congratulating Zimmerman on her new job.

“I know in my heart [Faulconer] picked the right person to lead the City of San Diego forward. Shelley Zimmermann is now going to have the privilege and honor to be the chief of the City of San Diego. It is a privilege and honor that is bestowed on few people during the history of this organization but she has the compassion, the integrity and the courage to do that,” he said.

San Diego City Attorney Jan Goldsmith took a moment to speak at Wednesday's briefing as well, discussing the independent audit of the SDPD that is forthcoming.

“[Chief Lansdowne], you’ve left us with two ideas for improvement and reform that we, as a city, are committed to following up on and making happen. One of them has to do with the independent review. The independent review must be thorough and independent. What I mean by thorough is no rock unturned. What I mean by independent is that it’s conducted by outsiders, those outside the city that will determine the scope and report,” Goldsmith explained.

Goldsmith also talked about a proposal being passed to the San Diego City Council to add $2 million to the SDPD's budget to fund individual uniform cameras for every police officer in the department.

On Tuesday, Lansdowne announced his retirement from the department, effective Mar. 3, 2014.

On Wednesday morning, prior to the Faulconer press conference, Lansdowne spoke in-depth with NBC 7 about his decision to leave his job.

“It was a very difficult decision for me. I did have some long discussions with the mayor and he left it up to me and me alone. He was very gracious. He has a vision for the city. And, my decision is that right now, it’s time for me to go and let the mayor move forward with someone that has the vision for a new day," he told NBC 7.

"I think I’m a lightning rod right now for negative press and that’s not good for the city -- it’s certainly not good for the police department. So, I’m stepping down and retiring. Not resigning, I’m retiring," Lansdowne continued.

The chief’s departure comes on the heels of recent sex scandals allegedly involving two separate SDPD officers, both accused of sexual misconduct on the job.

TIMELINE: SDPD Officers Accused of Sex Crimes

Former Officer Christopher Hays, 30 – who’s no longer employed with the department, effective Feb. 19, 2014 – is accused of giving several women improper pat downs on the job and getting sexual gratification from the alleged acts.

On Feb. 18, Hays was formally charged with two felony counts of false imprisonment with violence and three misdemeanor counts of sexual battery involving four women. He pleaded not guilty to the charges and maintains his innocence.

Meanwhile, Officer Donald Moncrief, 39, is accused of touching a woman inappropriately during an arrest in the South Bay last year and allegedly exposing himself to the woman. Lansdowne announced this second scandal involving this second officer on Feb. 19. Moncrief has not been formally charged, and the investigation into his case is ongoing.

As a result of these recent cases, Lansdowne had said he wanted an outside audit into the police department to review how the SDPD handles misconduct among officers.

Another cop scandal that plagued the SDPD while Lansdowne was chief was that of former police officer Anthony Arevalos, who’s currently serving an eight-year prison sentence for various sex crimes.

On Tuesday, a judge threw out two of the convictions involving one of the victims and an encounter with Arevalos in a convenience store bathroom.

The timing of Lansdowne's retirement has surprised some, as the top cop recently said he wanted to see the SDPD through these latest scandals.



Photo Credit: NBC 7 San Diego

PD: Stranger Tries to Give Teen Ride to School

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Police are investigating a suspicious incident involving an unknown man who allegedly offered a young girl a ride to school in Coronado Wednesday morning, claiming he was her neighbor.

According to the Coronado Police Department, a 13-year-old girl was walking to school along Third and Palm avenues just before 8 a.m. when a stranger in a truck approached her. The man rolled down his window and allegedly offered the girl a ride.

Police said the girl declined. At that point, the man told the teen he was her neighbor.

The girl did not recognize the man and ran home to report the incident to her mother, who then called police. The man was last seen driving south on Palm Avenue.

Police said the man was described as a white man in his mid-50s, clean-shaven with strawberry blonde and gray hair. He was wearing a light brown shirt at the time of the incident. His vehicle was described as a gold-colored truck with a matching shell.

Anyone with information on the case should contact the Coronado Police Department at (619) 522-7350.

In this case, police said the girl did the right thing by acting fast and running away. Police said children should walk to school in a group and avoid shortcuts and dark, isolated areas. They should also report anything suspicious to their parents.

According to police, Wednesday’s incident does not appear to be related to a previous, recent incident that seemed somewhat similar in nature.

On Friday, two middle school-aged girls were standing on the sidewalk in the 500-block of F Avenue waiting to be picked up by their parents when an unknown man inside a van pulled up and offered them a ride. The girls ran away and called a parent.

In that incident, the man was described as light-skinned with brown hair and highlights. He was driving a burgundy, 1980s Chevy-type van with a dent on the driver’s side of the body panel, witnesses said.
 



Photo Credit: NBC 7 San Diego

Who is the New SDPD Chief?

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With San Diego Police Department Chief William Lansdowne stepping down, a new chief will now step up: Shelley Zimmerman, who’s making a move from assistant chief of the SDPD to head honcho.

On Wednesday, Mayor-Elect Kevin Faulconer announced Zimmerman has been named chief of the department, citing Zimmerman's 31 years of experience as one of her many qualifications for the important job.

She is the first-ever female chief in SDPD history.

“She’s ready to lead,” said Faulconer. “I believe there is no better choice to lead this department and to accomplish this goal than Assistant Chief Shelley Zimmerman. She understands clearly what will be acceptable in this department and what will not be.”

For her part, Zimmerman said she was extremely grateful and honored to take on the leadership role. The new chief said she’s prepared to see the SDPD through recent scandals involving officers.

“As a proud member of our department for 31 years I can tell you without question that 99.9 percent of our officers serve every single day with honor, distinction and professionalism, and for those few that make the absolute terrible decision to discredit this badge and dishonor our profession, I will not tolerate this,” said Zimmerman.

Meanwhile, Lansdowne said Zimmerman is the right person for the job and has the “compassion, integrity and courage” to lead.

READ: Faulconer Names New SDPD Chief

According to the San Diego Police Museum, Zimmerman was born in Cleveland and graduated from Ohio State University with a degree in criminal justice. She joined the SDPD in 1982. She’s also a graduate of the FBI National Academy #241.

As Zimmerman mentioned at Wednesday’s briefing, she has worked in a variety of assignments and leadership roles over her time at the SDPD. This has included vice, narcotics, internal affairs and the field lieutenant position, according to the San Diego Police Museum.

Over her long career, she has earned many awards and accolades including a San Diego Press Club Headliner of the Year award for her undercover work and the San Diego Police Foundation Women in Blue award for her commitment to making San Diego safe.

In her spare time, according to the museum, Zimmerman is an avid sports fan and triathlete.

According to the San Diego Police Officers Association (SDPOA), Zimmerman is an excellent choice to tackle the challenging position of SDPD chief.

In a statement released Wednesday night, the SDPOA said it fully supports Faulconer’s decision to appoint Zimmerman as chief. The association had this to say, in part, about the new chief:

"Over the past several years, Assistant Chief Zimmerman has accomplished a great deal that may have gone unnoticed by our members. She worked cooperatively with elected officials to address our MCT and communications problems and streamlined the hiring process in order to address chronic understaffing.

Chief Zimmerman is the most knowledgeable person in the department regarding our staffing, equipment and compensation deficiencies. She applied that understanding by advocating for the approval of the 5-Year Plan by City Council. This plan will fund the staffing and equipment needed to rebuild our department. Additionally, she recognizes the recruitment and retention of officers can only be achieved by providing competitive compensation to our officers.

Shelley Zimmerman is the right choice for the job. She recognizes and understands the bounty of talent that we all know exists within our department. We anticipate she will be making leadership moves that will renew confidence in our department for both officers and citizens alike.

This appointment presents a tremendous opportunity for our city. Shelley Zimmerman is a leader who can elevate our department to the level to which we aspire and the community demands."

Thus far, Zimmerman has received an outpouring of support from local leaders.

Following the big announcement of her new role as SDPD chief Wednesday, Interim Mayor Todd Gloria released the following statement:

“Shelley Zimmerman is a well-respected leader with 31 years of service at the San Diego Police Department, and I know she will do a fine job as San Diego’s police chief.”

Meanwhile, San Diego District Attorney Bonnie Dumanis also expressed her support for the new chief with this statement:

"I've worked with Assistant Chief Zimmerman for many years and she's an excellent choice to lead the San Diego Police Department at this critical time when public trust must be restored. She's well-known in the community, well-qualified to lead the department and has been a trusted partner with the District Attorney's Office in the pursuit of justice. Choosing Shelley Zimmerman ensures that a serious review and resolution of any problems at SDPD will occur quickly. I applaud Mayor-Elect Faulconer for moving quickly and for choosing the first woman Chief of Police in San Diego history. I know Chief Zimmerman will bring a unique perspective to the job which will serve her, and the citizens of San Diego well."

San Diego Councilmember Lorie Zapf was also very satisfied with the news, releasing this statement:

“I am thrilled that Mayor-Elect Faulconer has named Assistant Chief Shelley Zimmerman to be San Diego’s first female Chief of Police. Chief Zimmerman is an exceptional officer and public servant, and I can think of no one better suited to lead our department during this time. She has shown tremendous dedication to the citizens of San Diego, and I know she will continue moving America’s Finest in the right direction.”

Meanwhile, at Wednesday’s briefing San Diego Councilmember Marti Emerald also said Zimmerman is the best leader for the job.

“She a wonderful police officer who understands the needs of communities, who cares about our neighborhoods and is devoted to this police department,” said Emerald. “As a woman, it’s great to see another woman in a position of leadership.”

“[Zimmerman] comes into this opportunity with sets of skills and sensitivities that will make an enormous difference on the streets of San Diego. I’m so eager to see Shelley elected as our next police chief and to begin what will be many years in this position and create a legacy of her own, creating safer neighborhoods, greater trust in police and government,” added Emerald.

San Diego Sheriff Bill Gore also praised the move to make Zimmerman the head of the SDPD.

"I've worked with Assistant Chief Zimmerman on many projects and have nothing but the utmost respect for her experience, insight, and professionalism," said Sheriff Gore in a statement released Wednesday evening. "I have no doubt Assistant Chief Zimmerman will continue the San Diego Police Department's tradition of collaboration and will lead the department into a new era of policing."

Lansdowne's retirement from the SDPD is effective Mar. 3, 2014 -- the same day Faulconer is officially sworn in as the new mayor of San Diego.



Photo Credit: NBC 7 San Diego

Local Chili Hotspots

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Feb. 27 marks National Chili Day – the perfect day to snag some of that comforting, spicy stew. In San Diego’s North County, there are plenty of places that dish up chili, and Yelp has rounded up some of those hotspots. So, whether it’s slow-cooked in a cauldron con carne or used to top burgers or hot dogs, celebrate Chili Day with a satisfying spoonful from some local businesses.

The Yellow Deli (Valley Center/Vista)
The Yellow Deli certainly lives up to its name. The two locations in the North County – one in Valley Center and the other in Vista – are both housed in cute, little yellow houses snuggled in their respective communities. When you’re on the porch at the Valley Center location, shaded by oak trees, it almost feels like you’re at home. The other location in Vista has been described as a “magical hobbit hole” with its ivy-covered entrance and charming windowpanes. Each spot serves up a “hearty kettle cooked” chili that’s full of tomato chunks and perfectly seasoned, with crusty artisan bread on the side. It’s a home-cooked hit.

Mad Madeline’s Grill (Temecula)
The winner of the Best Burger in the Inland Empire! Make one of their burgers even better when you top it with their no-bean chili. The option is on the menu (with cheese, too!) for just $1.60 additionally. But, if you like award-winning burgers just the way they are, Mad Madeline’s Grill also offers other chili-covered carbs to munch on. For instance, go for the “chili n cheese” hot dog, chili cheese fries or simply savor some chili as a side order. Here, they serve it covered in cheddar, with chopped tomatoes and red onions.

Tin Leaf Fresh Kitchen (Carlsbad)

This location commits to made-from-scratch, locally-sourced dishes and the homemade “Santa Maria Tri-tip Chili” is a must on the menu. You can add a cup to your lunch or dinner for just a couple bucks or commit to a whole bowl for $5.95. If Southwest flavors are not your cup of tea, may we also recommend the French style Cassoulet? It’s a slow-simmered stew of chicken, sausage, pork, fresh herbs, white beans and bread crumbs. It ain’t no chili, but it sure is tasty.

Native Foods Cafe (Encinitas)
Vegetarians, rejoice! With this local, meat-free restaurant, you can get in on this chili-fest too. The entire menu is vegan and the “Native Chili” is delicious. Order it and don’t share the details with your carnivore pals – they’ll be surprised at how good it is. The dish is described as a “custom blend of white beans and Native Chili Meat simmered with tomatoes and special spices.” It has non-dairy cheese on top, with red onions, and is served with a generous slice of their homemade cornbread.

Chili Coast Burgers (Vista)
Yelpers describe this eatery as a must-try hole-in-the-wall. It’s a cheap neighborhood joint tucked into a shopping mall, and the specialty? You got it, chili burgers. If you’re celebrating National Chili Day, this is the place to do it. The addictive concoction is simple: a smooth chili topping slathered on slabs of meat between a fresh buns. Wash down that burger with one of the microbrews offered on tap and you’ve got yourself one heck of a local treat.

 

Trish Sanderson is the community manager and marketing director for Yelp North County San Diego. She leads the local community of Yelp reviewers both online and off.



Photo Credit: clipart.com

Arevalos Victim Speaks Out

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The woman known as victim "Jane Doe" in the sexual assault case against former San Diego Police Officer Anthony Arevalos is sharing her thoughts on the new police chief and the possibility of Arevalos being released from prison early.

Jane Doe told NBC 7 she was shocked to hear that even before Chief William Lansdowne leaves the department, Mayor-elect Kevin Faulconer has already promoted Assistant Chief Shelley Zimmerman to chief.

Read: Who is New SDPD Chief Shelley Zimmerman?

Jane Doe spoke on the promise NBC 7 would not reveal her identity.

Arevalos was convicted in 2011 of sexual battery by restraint, bribery and assault and battery by police involving five women.

Jane Doe's testimony led to his conviction and sentence of nearly nine years in prison.

Timeline: Anthony Arevalos Case

Part of her federal lawsuit against the city demands an outside monitor of the San Diego police procedures and policies.

She says the new chief should not come from inside the department.

“At this point, I don't think it matters that she is female or male. There is so much that needs to be fixed in that police department. I don't think it is going to be fixed unless a third party independent come in,” Jane Doe said.

On Tuesday, a Superior Court judge overturned convictions on two counts against Arevalos because investigators failed to turn over Jane Doe's written statement.

Jane Doe said she feels like the police failed to protect her and now the justice system.

“It's just so unfathomable for me that such and injustice could occur,” she said.

When asked about the prospect of Arevalos being released early, she said, "I want to move. I don't want to stay in the city."

On March 8, 2011, the victim was stopped for a traffic violation by then Officer Arevalos. In an East Village 7-Eleven bathroom, she surrendered her panties and testified she was sexually assaulted.

So ashamed, she said she omitted being touched in her written statement, even though she mentioned it twice in police interviews.

“To have those notes come back and be used against me and to make it look like I did something wrong?" Jane Doe said. "It was the police department."

Jane Doe said time has not healed her wounds, especially with more sexual misconduct allegations against other officers.

“After everything that I have been through, everything that has changed in my life, the police department is still allowing this to happen,” she said.

This victim is the last of five women to file claims against the city and police department over Arevalos' actions.

Jane Doe's civil suit is scheduled for trial in federal court May 20.



Photo Credit: NBC 7

Bronze Vases Stolen from Cemetery

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Something disturbing keeps happening at Greenwood Memorial Park in San Diego: people are stealing bronze vases meant to hold flowers on the gravesites of veterans.

According to Juan Cervantes, general manager of Greenwood Memorial Park in the Mountain View area, the problem has been plaguing the cemetery for years but has recently gotten worse.

Cervantes said the vases, which are made of bronze and sit atop some gravesites, began disappearing from the 125-acre park during the 2008 recession.

Despite daily, round-the-clock security, the thefts continue today.

“They’re made out of bronze, so I’m assuming people are taking them and probably melting them down and selling them,” said Cervantes. “We’ve tried seeking help from the police but they can’t really do much. You can’t stop every single person who’s in the park.”

The vases are found on older graves, such as those in a special tribute area designated for U.S. military veterans.

Cervantes said the park is constantly replacing the stolen vases. And, though families are not charged for a new vase, Cervantes said it still stings knowing someone if profiting from a loved one’s grave.

“It’s very disrespectful. I just think they see us as an easy target because we’re technically a park. We’re easy prey. And, unfortunately, they’re using us for other gains,” he lamented.

Chula Vista resident Eileen Ontiveros personally feels the pain of the gravesite thefts.

She often visits her grandmother’s gravesite at Greenwood Memorial Park, leaving flowers for her grandmother in a bronze vase.

Her grandmother passed away 10 years ago. To date, the bronze vase holding her grandma’s flowers at the cemetery has been stolen twice.

The thefts have left her feeling sad and uneasy.

“You do feel violated. You feel [like], ‘Hey, who comes and does this? Especially to a loved one who’s passed away already?’” she said.

Due to the ongoing thefts, Greenwood Memorial Park now advises families to purchase plastic, tin or zinc vases for their loved ones gravesites. Since they’re far less valuable, thieves tend to leave them alone.
 

Local Doctor Accused of Surgery 'Nightmare'

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A high-profile cosmetic surgeon is accused of negligence, dishonesty and unprofessional conduct, including allegations that go back more than a decade that this high-profile Coronado physician put patients at serious risk.

One of those patients revealed the horror of her cosmetic surgery in an exclusive interview with NBC 7 Investigates reporter Mari Payton.

Magdalena Hatanaka and her attorney want the Medical Board of California to act immediately and suspend Dr. Jeffry Schafer’s license.

Hatanaka also hopes her emotional story serves as a strong reminder of why it's so important for prospective patients to check their doctor's license before making an appointment or submitting to a medical procedure.

"It felt they were choking me. It felt like they were cutting my head off,” Hatanaka recalled of her surgery. “I felt so much pain around my neck and my face. I thought I was going to die.”

Hatanaka recently told NBC 7 Investigates that even two years after that terrifying experience, she still suffers from post-traumatic stress and pain in her face.

"It's always headaches, pain, unable to sleep, nightmares, flashbacks," she said.

All this attractive mother of two wanted, she said, was to look younger.

"I just wanted to, like, you know, feel better about myself,” she recalled.

In October 2011, Hatanaka went to the New Image Cosmetic Surgery in Coronado, where she says Dr. Schafer told her about a new procedure called "liposculpture," which would take fat from her abdomen and inject it into her face.

"I just made it clear that I wanted to have my expression lines (in the corners of her mouth) filled out a little," Hatanaka said of her conversation with Dr. Schafer

She also wanted a neck lift.

What she didn't agree to was the nightmare she said happened in that surgery.

During the procedure, which she was told would take three hours, Hatanaka was supposed to be under "conscious sedation," a procedure in which she’d remain technically "awake," but unable to feel any pain or remember anything about the surgery.

Instead, Hatanaka and her lawyer say that procedure took almost eight hours, and worse, Hatanaka to this day remembers being at times conscious, awake and aware of what was happening to her.

"I felt trapped in my body," Hatanaka recalled during an emotional interview in her lawyer’s office. “I was screaming out loud, and they were not acknowledging that I was in pain."

Her attorney, medical malpractice expert Robert Vaage, told NBC 7 Investigates that “in the modern world, in a hospital or in a doctor’s office, this simply shouldn't happen. Where we see that kind of thing happening would be in movies where we see the Civil War, where somebody is having their leg removed without the proper anesthesia.”

Vaage said the evidence gathered during the “discovery” phase of Hatanaka’s lawsuit strongly supports his client’s story and prompted Schafer's insurance company to pay Magdalena more than $900,000 to drop her lawsuit before trial.

Vaage says the strongest evidence included pre-trial testimony from Jasmin Herrera, a New Image medical assistant.

In her deposition, one of the attorneys asked Herrera, "Did Ms. Hatanaka do anything that let you guys know she was uncomfortable?”

“Yeah,” Herrera responded.

Attorney: “What did she do?”
Herrera: “She said to stop.”
Attorney: “Okay. Did she make any movements with her body?”
Herrera: “Yeah. She was moving. She was like, squirming around and stuff."
Attorney: "Did she have to be held down during the fat transfer?”
Herrera: “Yes.”
Attorney: “And what did you have to do to hold her down?”
Herrera: “I just held her feet down."
Attorney: "Did Dr. Schafer tell you to hold her down?”
Herrera: “Yes.”

Dr. Schafer and his current attorney, John Dratz, Jr., both declined NBC 7’s request for an interview on those allegations.

But the attorney agreed to review questions submitted to him in writing and responded with a four-page letter that strongly denies almost everything Hatanaka and her attorney told us.

For example, Dr. Schafer contends that the "volume of I-V drugs given to (Hatanaka) would have prevented any discomfort" and that "no one in the (operating) room... says (Hatanaka) had any pain."

Dr. Schafer also says Jasmin Herrera, the medical assistant who provided that damning pre-trial testimony, was not even in the operating room during Hatanaka's surgery.

As for the $925,000 settlement, Schafer’s current attorney says, “The insurance company settled the lawsuit despite Dr. Schafer’s desire to go to trial and contest the patient’s allegations. Dr. Schafer never signed the settlement agreement.”

However, a copy of Schafer’s medical malpractice insurance policy obtained by NBC 7 Investigates, includes specific language assuring the doctor that “we (the insurance company) will not settle any claim without the consent of the insured.”

And though Schafer did not sign the settlement agreement, Hatanaka’s lawyer sent Schafer’s former attorney a letter before the settlement was finalized, confirming that “…you had Dr. Schafer’s consent and agreement to resolve the case for the agreed-upon terms and conditions.” In that letter, Hatanaka’s lawyer tells Schafer’s lawyer “If my understanding of all this is incorrect, please let me know immediately.”

Hatanaka’s lawyer told us, he never heard back from the attorney.

Today, more than two years after her surgery, Hatanaka says one of her biggest mistakes was not checking Schafer’s background on the state Medical Board’s website.

She says, had she done so, she would have canceled her surgery and found another doctor.

The Medical Board’s case against Dr. Schafer is spelled out in page after page of documents on the board’s public website.

“So it’s something that’s worth every minute to take a look at,” Hatanaka said.

The accusations against Schafer include gross negligence, dishonesty and unprofessional conduct, with examples of patient mistreatment dating back 13 years.

Medical board investigators alleged that Schafer "allowed unlicensed staff to give patients anesthetic" and let a physician’s assistant “perform cosmetic surgeries without the patients' knowledge."

Those documents also allege that New Image surgery suites and offices were “cluttered and filthy", and reveal a patient’s complaint that Schafer "walked around in his bloody scrubs and there would be blood all over the floors and carpets."

Schafer did not contest those accusations with the board and instead entered into two separate settlements, in 2008 and again in 2010.

Both times, his license was revoked, but those revocations were immediately put on hold, and Schafer was allowed to continue treating patients, while on probation with the Medical Board.

Schafer agreed to numerous restrictions, terms, and conditions, including the completion of ethics and medical record keeping courses, and more clinical training.

But last June, the Medical Board filed yet another accusation against him.

This latest 29-page document alleges that Schafer violated his probation and accuses him of gross negligence, incompetence and repeated negligent acts involving four patients.

In their letter to NBC 7 Investigates, Schafer and his attorney say this latest accusation was "orchestrated by a disgruntled former employee," and Schafer "vigorously denies" the allegations. The doctor insists he never "allowed unlicensed staff to give patients anesthetic" and "denies that he allowed a physician's assistant to perform cosmetic surgery."

Schafer also dismisses as "slanderous" any claim that his surgery rooms were "filthy", and says an independent medical expert regularly viewed his offices and never saw a problem.

But Hatanaka’s attorney Robert Vaage still says the Medical Board should seek an Interim Suspension Order against Dr. Schafer, which would prohibit him from seeing patients while he fights these new accusations.

“I think the Medical Board, in some cases, doesn't act strongly enough and quickly enough,” Vaage explained. “And I'll leave that up to the public to decide whether or not that's true in this case."

In a statement to NBC 7 Investigates, the Medical Board defended its handling of the Schafer case and stressed that Schafer’s current probation includes "strict terms and conditions."

The Board’s public information officer noted that an Administrative Law Judge will suspend a doctor’s license only when the Medical Board presents quote "'clear and convincing evidence that a physician is an immediate danger to the public."

Shafer's lawyer agrees and told us his client is not a "threat to the public."

The attorney also said Schafer has "treated thousands of patients with excellent results."

But Magdalena Hatanaka also wants the Medical Board to pursue the immediate suspension of Dr. Schafer's license.

Yet she told us, even that action and the money she got from her legal settlement, won't relieve her pain or erase her memories.

"It doesn't make everything okay,” she said. “You know, the pain is still there. I mean, the fear is still there. I can never take back what happened. That's not going to be cured with money."

As for Dr. Schafer, a five-day hearing on the Medical Board's request to revoke Doctor Schafer's probation is scheduled for Aug. 25.

But that proceeding could be canceled because Schafer's medical license expires in April, and his lawyer told us Schafer will not attempt to renew his license.

In fact, Schafer’s lawyer says his client has already “been forced to retire as a physician due to (his own) health reasons” and is "no longer affiliated with New Image Cosmetic Surgery."

Man Struck, Killed in Oceanside

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A pedestrian was killed after being hit by an SUV Wednesday evening in Oceanside.

The accident happened at 6:45 p.m. on Cassidy Street on the Interstate 5 overpass. Police say it appears the man had been walking in the middle of the road.

According to police, the 23-year-old driver stopped after striking the man. He told police he didn’t have a cell phone, so he drove to his house, less than a mile away. He called for help and returned to the crash site.

Read: Why Hit-and-Run Drivers Flee

Police do not believe alcohol or speed were factors in the crash. The driver does not face charges at this point.

The victim was transported to Tri-City Medical Center, where he died. His name has not been released.



Photo Credit: Shutterstock

SoCa to Be Hit by Large Rain Event

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Residents in Southern California were prepping for what the National Weather Service described as the "largest rain event" in Southern California since March 2011.

The one-two punch of storms bring the possibility of mudslides in areas burned by wildfires, but also much-needed rain  and snow after the state's driest year on record.

In Glendora, more than 18,000 sandbags -- enough to cover four miles if placed end to end --  were been distributed to residents to protect properties from floods and debris flow. Flash flooding was possible in some foothill areas below burn areas, including the hills that burned in January's Colby fire above the San Gabriel Valley community.

"There's going to be so much rain in just a couple of days that a lot of areas might not be able to handle that much rain," said NBC4 meteorologist Crystal Egger. "It just runs downhill like a concrete driveway."

The twp storms will usher moisture into the region, moving down from Northern California Wednesday morning before bringing about a half-inch to an inch of rain to Southern California.

The heaviest rain Wednesday  was expected after the evening commute and into the overnight hours. The more powerful of the two storms will arrive Thursday evening and bring up to 2 inches of rain in central and southern valleys, 2 to 4 inches in foothill areas and 6 inches of rain in some mountains.

The National Weather Service described it as the most significant storm in the last three years in Southern California, adding that thunderstorms  were possible Friday and Saturday. Showers could continue into early Sunday.

The city of Glendora issued an Orange Level alert for residents in the burn area, meaning voluntary evacuations are in effect. Residents are directed to remove vehicles, trash bins and other obstructions from streets prior to evacuating.

The city's evacuation center is at the Crowther Teen & Family Center located at 241 W. Dawson Ave.
Residents who do not evacuate will be asked to sign a Refusal to Evacuate form, indicated they understand the risk involved.

"The alert level was raised to orange from yellow due to the Weather Forecasts and the field conditions within the foothills of Glendora," according to a city advisory.

The city could issue a Red Level alert, which includes mandatory evacuations. 

Glendora Mountain Road will be closed Thursday morning through noon Monday.

Crews placed concrete barriers along several streets in Glendora, a San Gabriel Valley community of about 50,000 people. The city provided sandbags for residents at fire stations, and more than 7,000 had been handed out, City Manager Chris Jeffers told the San Gabriel Valley Tribune Tuesday.
 
The National Weather Service also warned of the potential for mud and debris flows from the burn area of the May 2013 Springs Fire. The wildfire scorched nearly 38 square miles of the Santa Monica Mountains as it burned from the edges of suburban homes down to the beach about 50 miles west of downtown Los Angeles.

Other wildfires statewide left scarred landscapes over the past year, including a 400-square-mile area devastated by last summer's forest fire in and adjacent to Yosemite National Park in the Sierra Nevada.

The snow level will remain high -- above 7,500 feet during daytime  hours, dipping to around 6,500 feet tonight and Thursday -- and gusty south-to- southwest winds will buffet mountain areas, especially "over higher terrain,"  the National Weather Service advisory said.

A wind advisory will be in effect in Los Angeles County in the San  Gabriel Mountains and the Antelope Valley from noon today until 9 p.m.  Thursday, the NWS said, forecasting south-to-southwest winds of between 20 and  30 miles per hour and gusts of between 45 and 55 mph this afternoon.

Storms Arrive Amid Dry Spell

As for the drought impact, the effects could be more significant than moisture left by a storm earlier this month. That so-called Pineapple Express storm brought rain and snow to Northern California and increased the Sierra Nevada snowpack, but it still remained at 29 percent of normal.

Sierra snow runoff provides a major source of water for California.

Only very small amounts of precipitation reached Southern California, making this week's weather the first major event of the year. Downtown Los Angeles has recorded only 0.23 inch of rain this month, 3.05 inches below normal to date.

The location has received only 1.23 inches since July 1, a deficit of 9.52 inches.
 

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18 People Escape SJ Fire

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San Jose fire crews knocked down a three-alarm fire, which forced 18 residents to evacuate their houses, early Thursday morning, a fire captain said.

The blaze started around 12:20 a.m. in the back of a two-story, four-unit townhouse complex in the 100 block of Chynoweth Avenue.

The residents of the building - ten adults and eight children, including a 5-month-old baby - evacuated before the blaze spread into three units and an attic space.

A Valley Transportation Authority bus was called to shelter the residents, due to weather conditions.

Fire crews had the fire under control at about 1:15 a.m.

San Jose Fire Capt. Reggie Williams said one unit was completely destroyed while two others were in bad condition.

No one was injured.

Investigators are not sure what caused the fire.
 



Photo Credit: NBC Bay Area
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