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Driver Turns Himself in for Fatal Hit-and-Run

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 A man was arrested after turning himself in for a fatal hit-and-run crash on Interstate 5 overnight, California Highway Patrol officials say.

The incident happened as a woman crossed the southbound lanes of I-5 around 12:08 a.m. Thursday.

The woman was struck by a vehicle and landed on the transition road to northbound SR-163, where she died.

The driver who hit her fled the scene, according to the CHP.

Officials issued a Sig Alert for about two hours and closed the transition from southbound I-5 to northbound SR-163 as they investigated the woman’s death.

The CHP says later in the morning, Sandro Depaz Garcia called the CHP Border Communications Center to admit he was involved in the collision.

Officers went to Garcia’s house, and after interviewing him and inspecting his vehicle, the suspect was taken into custody. Garcia was jailed on felony hit-and-run.


Weekend Events for June 19-22

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Welcome to the first official weekend of summer. Here are some ways to spend the longest days of the year.

Thursday, June 19

Free Museum Tours
5 p.m. – 7 p.m. at MCASD downtown and La Jolla locations
It’s the third Thursday of the month. That means free admission to the Museum of Contemporary Art San Diego. It’s also your last weekend see the exhibit “Eva Struble: Produce,” which embodies the experience of San Diego’s migrant workers.

Hopfest
6 p.m. – 8 p.m. at the Museum of Man in Balboa Park
What better way to experience the museum’s newest exhibit, BEERology, than with a nice cold one? IPAs from local craft breweries will be served during “hoppy” hour

SoundDiego Suggestion: Uh Huh Her
9 p.m. at the Belly Up
Los Angeles-based indie electro rock duo Uh Huh Her has been making waves over the last couple years – but have seemed to hit their stride this year after releasing an excellent third full-length studio album, Future Souls.

Friday, June 20

San Diego International Beer Festival
Friday, Saturday, Sunday at the Del Mar Fairgrounds
Raise your glass to the largest beer festival on the West Coast. The San Diego County Fair will be buzzing with more than 400 beers from breweries around the world. Check out what else is happening Friday at the fair.

Summer Solstice White Party

7 p.m. – 1:30 a.m. at the Grand Del Mar
Celebrate the eve of summer by wearing white. (Just be careful not to spill your cocktail.)

SoundDiego Suggestion: Smokey Robinson
7:30 p.m. at the Del Mar Fairgrounds
Smokey Robinson needs no introduction. The golden-piped R&B singer is responsible for putting Motown Records on the map back in 1960 -- and you’ll see why after hearing hit after hit at the fair on Friday.

Saturday, June 21

Country Run 5K
9 a.m. at the Del Mar Fairgrounds
Lace up your sneakers, y’all! You’ll run, walk or mosey through the fairgrounds before the crowds arrive. A cold beer will be waiting for you at the finish line.

28th Annual La Jolla Arts Festival
10 a.m. – 5 p.m. in La Jolla
Immerse yourself in fine art and delicious food, all on a gorgeous La Jolla backdrop. The event – which supports San Diegans with disabilities – also runs Sunday.

SoundDiego Suggestion: Jessica Lea Mayfield
8:30 p.m. at the Casbah
Jessica Lea Mayfield straddles the line between indie rock, folk and alt-country. Regardless, she’s one of the indie scene’s brightest stars – with even Dan Auerbach (frontman for the Black Keys) working on her 2011 album, Tell Me. Her last visit to the Casbah was simply unforgettable; don’t miss her this time.

Sunday, June 22

Eco Chateau Spa Grand Opening Party
12 p.m. – 3 p.m. in Sorrento Valley
What’s better than a massage? Try a free massage. To celebrate the opening of its North County location, Eco Chateau is offering free 10-minute massages, hand treatments and more. Ahh.

Re:SOUND
3 p.m. at the North Park Theatre
There is nothing quite as exciting as Japanese Taiko drumming. Experience it for yourself at San Diego Taiko’s 10th anniversary concert.

Food for the Fight
4 p.m. – 8 p.m. at Sushi on a Roll in Barrio Logan
Calling all Food Network fans: “The Great Food Truck Race” Season 4 winner Aloha Plate is rolling into San Diego this weekend. They’ll join with local food trucks and restaurants to raise cash for cancer research.

SoundDiego Suggestion: Michael Franti & Spearhead
7 p.m. at SDSU’s Open Air Theatre
In the mood for an eclectic blend of hip-hop, funk, reggae, jazz, folk and rock? Look no further than Michael Franti & Spearhead at the Cal Coast Credit Union Open Air Theatre (say that five times fast) on Sunday.
 



Photo Credit: Jenni Knight/Alta Prima Creative

Mayor: Wear Padres Gear to Honor Gwynn

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If you see a lot of Padres gear at the office or around town on Thursday, it’s no coincidence. It’s all in honor of San Diego Padres icon, Tony Gwynn.

San Diego Mayor Kevin Faulconer sent out a memo Wednesday encouraging city employees and all San Diegans to wear Padres gear on June 19 as a tribute to Gwynn, also known as “Mr. Padre” or No. 19.

“Tony Gwynn is a true San Diego icon,” Faulconer said. “As San Diegans continue to mourn the loss of a Hall of Famer on and off the field, I encourage all of San Diego to pay tribute to Number 19 on the 19th.”

The mayor’s request was simple: wear Padres attire or anything with the team colors or logo, as appropriate, to the workplace. Faulconer also encouraged employers to follow suit and suit up in honor of Gwynn.

Gwynn died Monday after a long battle with cancer. He was 54 years old. He played for the Padres for 20 years and was extremely devoted to the City of San Diego and his fans.

Since his death fans have flocked to the Tony Gwynn statue at Petco Park to pay their respects, leaving behind tokens of love including flowers, letters, photos and stuffed animals. The makeshift memorial grows with each passing day, joining fans as they mourn the loss of a hometown hero.

Many of those fans have shared personal stories of their encounters with Gwynn over the years and what he meant to them. Padres President and CEO Mike Dee said the outpouring of love and support for Gwynn and his family over the past few days has been nothing short of overwhelming.

Dee welcomed the Padres gear gesture encouraged by the mayor.

“We’d like to thank the Mayor and all those who participate for this great gesture of support. The way San Diegans have come together to mourn, remember and pay tribute is a testament to the profound impact Tony had on this community,” said Dee.

On Thursday, fans can also visit the San Diego County Administration Building in downtown San Diego to get a larger-than-life glimpse of baseball greatness. At around 1:30 p.m. the west side of the building will boast a four-story-tall Gwynn jersey hanging for all to see. The jersey is 35 feet tall and 40 feet wide.

On Wednesday night, the Padres played their first home game since Gwynn’s death.

Before the crowd at Petco Park, the team took a moment to honor the unforgettable Mr. Padre. The players stood around a large No. 19 etched on the field and the entire stadium fell silent for 19 second, in remembrance. The players also wore a No. 19 patch on their uniforms.

Gwynn’s jersey was displayed inside the stadium and the words “Mr. Padre” lit up the scoreboard. His players from San Diego State University, also wearing No. 19 jerseys, threw out the first pitch. Fans – many emotional and wiping away tears – watched a video tribute to Gwynn showing some highlights from his two-decade career with the Padres.

The Padres have announced plans to host a public memorial service for Gwynn next week. The event will take place on June 26 at Petco Park and is free and open to the public. Gates open at 5:30 p.m. and the memorial will begin at 7:19 p.m. – the exact time of the first game Gwynn ever played with the Padres in 1982. The time also, of course, signifies Gwynn’s legendary No. 19.
 



Photo Credit: Jeff Herrera

Mysterious Lights in the Sky Baffle San Diegans

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What were those mysterious lights in the sky on Wednesday night?

Several San Diegans contacted us at NBC 7 to report seeing the mysterious object that resembled a strobe light. No, they assured us, they’re not crazy – they had the above cellphone video to prove it.

The reports of the light spectacle came from residents as far north as Orange County  and south to San Diego.

Will and Shannon Jacoway were heading home to La Costa from the Padres game about 10:30 p.m. when the lights caught their eye.

“We were coming around the merge. I said, ‘Hey Shannon, what is that up in the sky?’ And it was two kind of fire balls,” Will Jacoway said.

The fire balls stayed in one spot in the sky. One of the lights disappeared and then they saw nothing – until they arrived home.

“We looked out our bedroom window and sure enough we saw one right over there closer to the oceans, so we couldn’t really explain it but it was a little strange,” Will said.

So the burning question (pun intended) is what was it?

“I don’t know,” said Patti Gerke, who was with the Jacoways on the ride home from the game. “How do you guess? I mean, I have no idea.”

The lights seemed to be coming from the direction of Camp Pendleton, so some believed perhaps there was a connection.

A Bayho resident called us Thursday afternoon to say he was certain they were Chinese lanterns, or essentially mini hot air balloons.

What do you think?

Police Investigate Truck Abandoned at North Island

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The main gate at Naval Air Station North Island was shut down Thursday afternoon after a suspicious pickup truck was left there.

“A gentleman drove up to the lines of the main gate and apparently abandoned his vehicle, ran away from his vehicle,” said Commander Laszlo Wacsek with the Coronado Police Department.

Officer detained four people that they believe are connected to the vehicle, but the driver is still on the loose.

A Navy Explosive Ordnance Disposal team searched the truck and determined the vehicle to be safe. Nearby residents were asked to shelter in place during the ordeal, Waczek said.

Drivers were asked to use the First Street and Ocean Boulevard gates while the main gate was closed. The main gate to NASNI is located at Third Street and Alameda Boulevard in Coronado.

Police have the truck in their custody.
 



Photo Credit: NBC 7

Imprisoned Christian Singer Admits He Was an Atheist

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The embattled frontman of a Christian metal band sentenced to prison for plotting to have his wife killed recently confessed that he and other band members had become atheists, but continued to pose as Christians so they could keep selling records, according to a report by The Christian Post.

Tim Lambesis, 33, lead singer and founder of the band As I Lay Dying, was sentenced to six years behind bars on May 16 for his role in a murder-for-hire plot involving his estranged then-wife, Meggan Lambesis. Lambesis tried to hire a hitman in an attempt to have his wife murdered.

Lambesis’ arrest, case, trial and conviction took many of his faithful fans by surprise. Many took to social media to express their disbelief over the allegations and, ultimately, the singer’s sentencing.

But according to the Christian Post's report, those fans may have had more faith in Lambesis than he did in the Christian religion, citing what Lambesis said during an extensive interview with Alternative Press conducted shortly before his sentencing.

In that interview, Lambesis talked about a YouTube video he made about a month before his arrest in which he addressed fans who felt his new side project, “Pyrithion” was “satanic.”

Lambesis admitted that at the time, he never really gave a straight answer as to whether he was still Christian. He said he was afraid of revealing his true beliefs about God, or lack thereof, because he didn’t want to impact his band’s record sales, so he chose to say “I’m not a satanist” instead.

“As far as the [YouTube] video I did explaining 'Pyrithion''s lyrics… I was trying to put out a fire. I was afraid it would affect As I Lay Dying sales, which would affect my overall income. I was trying to put out the fire by saying the easiest thing, 'I'm not a satanist!'" he explained in the Alternative Press interview.

"Truthfully, I was an atheist. The 'strategy' I had at the time was cowardly. Two of the songs on that record were about coming to grips with the idea that life has no purpose, no meaning. These were negative themes I wasn't 'allowed' to deal with in As I Lay Dying songs. I thought making As I Lay Dying darker would be bad for my career. That was my thinking," he continued.

Lambesis went on to say that many of the Christian bands he had toured with over the years had a similar stance and weren’t exactly devout Christians either. He said a few of his fellow As I Lay Dying band members were also no longer Christian.

After a while, the charade became awkward, he said, like the time when an interviewer at a Christian festival asked one of the band members to share his testimony, but he froze on the spot.

“We laughed about it afterward, but we were only laughing because it was so awkward," said Lambesis in the interview.

"When kids would want to pray with us after shows, I'd be like, 'Um, go ahead and pray!' I would just let them pray. I'd say 'Amen.' If praying while I have my hand on their shoulder makes them feel better, I didn't want to take that away from them. When they would specifically ask me to pray for something, I'd say, 'I don't really like to pray out loud, but I'll take that with me to the bus," the singer added.

Lambesis’ shocking fall from grace began when he was arrested in May 2013 in connection with the murder-for-hire plot.

Until that point, he had enjoyed a successful and lucrative musical career with his San Diego-based heavy metal band, which formed more than a decade ago and released eight albums, including the 2007 Grammy-nominated "An Ocean Between Us."

Beside the many albums, the band was also a mainstay of the San Diego Music Awards (SDMA), nominated in 2012 for Best Hard Rock Album for "Decas" and winning for Best Hard Rock the year before that. In 2005, 2007 and 2008, the band took home the SDMA statuettes for Artist of the Year.
The band was slated to go on a cross-country tour with the Massachusetts metal band Killswitch Engage until Lambesis’ arrest last year.

When news of his arrest broke, it perplexed members of the San Diego music community, including SoundDiego contributor Tim Pyles of FM 94/9.

"He’s not the idealistic young Christian kid he once was, apparently," Pyles said last spring. "Because that’s what [As I Lay Dying] are: a straight-edged Christian metal band. He was a nice guy.”

At his sentencing last month, the courtroom was wrought with drama as character witnesses, including his ex-wife took to the stand to ask a judge to hand down the maximum sentence.

"My name used to be Meggan Lambesis. And up until two years ago, my heart was entirely devoted to him," said Meggan, who now goes by Meggan Murphy.

"I trusted him with everything, including my life," she added. "When the one person who you've been most vulnerable with and the most intimate with, who you've entrusted with every aspect of your life, who has not only desired but planned your murder -- you're left feeling completely exposed and unprotected. Who can I trust now? How can I feel safe?

Murphy said the ordeal will haunt her for the rest of her life, leaving her always looking over her shoulder. She said many of his fans had sent her threatening messages on social media since his arrest.

"The question of who Tim talked to or will talk to will forever haunt me,” she said in that San Diego courtroom. “The scariest thing is Tim's notoriety. He has followers that will do anything for him. It's terrifying to think there are people out there motivated to kill me on his behalf."



Photo Credit: NBC 7 News

Marine Seeks Civilian Attorney in War Crimes Retrial

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A Marine accused of killing an Iraqi officer, facing war crimes charges for the second time, is seeking civilian counsel and raising objections to the judge overseeing his Camp Pendleton trial.

During a motions hearing Thursday, Sgt. Lawrence Hutchins III told a new judge assigned to this case – Capt. Andrew Henderson – that he is trying to retain a civilian attorney but has not yet secured one.

Henderson took over the case since his predecessor, Col. Michael Richardson, will soon be retiring from the Navy.

Hutchins’ current defense team argued once again Thursday that a Navy judge may not be the best person to hear the case since he reports up the chain of command.

Henderson responded the worries are unfounded.

The defense attorneys also raised concerns about the military investigators’ raid of a defense council’s office at Camp Pendleton in early May, arguing that paperwork related to Hutchins’ case may have been unfairly obtained.

Marine Corps review late last month had found the search did not compromise any case.

The developments come more than two months after Richardson ruled Hutchins’ military attorneys were not tainted because they worked for the Marine Corps, as the defendant had claimed.

Nevertheless, Hutchins plans to replace them with attorneys of his own choosing. 

Hutchins’ next court appearance is slated for July 24, and if all goes as planned, his trial is scheduled to begin on Aug. 18.

The sergeant is accused of leading an eight-person squad that killed a retired Iraqi policeman. After he was convicted of the crime in 2007, a judge overturned the ruling last year on the basis that Hutchins’ constitutional rights were violated.

If convicted again, Hutchins faces 11 years in prison, though he will get credit for the seven years he’s already served.



Photo Credit: NBC 7

5 Things to Know About New House GOP Leader McCarthy

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House Republicans selected a new majority leader Thursday, tapping  Rep. Kevin McCarthy to the conference's No. 2 post.

The California native replaces outgoing House Majority Leader Eric Cantor, who was handed a surprising defeat by a little-known GOP challenger in Virgnia's primary election

The promotion puts the 49-year-old McCarthywho has quickly risen through the leadership ranks during his four terms in Congress, next in line to potentially succeed House Speaker John Boehner.

Here are five things you may not know about the new majority leader:

He got his (lucky) start in sandwiches.

A young McCarthy used a $5,000 lottery prize to start his own business, opening a sandwich shop called Kevin O's Deli at age 19. The shop he has descibed as "Subway before there was Subway," offered "fresh Dutch Krunch white rolls every day," and sandwiches "hot upon request," according to The Orange County Register. McCarthy says he used the profits from later selling that deli to finance his college education. The experience of building a business before hitting 21, he says, helped shape his views on limited government regulations and taxes.

He sees (some of) himself in “House of Cards.”

When Netflix’s popular political drama debuted in 2013, a few things felt a little too familiar to McCarthy, who, like the show’s fictional lead, Rep. Francis Underwood, served as majority whip. That framed whip hanging in Underwood’s office? A spitting image of the one McCarthy received as a gift from Cantor. The scene where Underwood, played by Kevin Spacey, tells members “Vote your district, vote your conscience, don't surprise me"? Sounds strikingly like what McCarthy says he tells his own conference. The real-life whip believes those nods came out of a meet-and-greet he had with Spacey before the show started filming. He says the similarities between him and Underwood, a Democrat known for his duplicitous and Machiavellian ways, stop at those superficial references, though. "This one is made professionally about Washington, but it's not Washington," he said of the show during an appearance in Sacramento. "Don't believe what you see in there, but it's intriguing."

He co-starred with Arnold Schwarzenegger.

In the California state Capitol, that is. McCarthy, first elected to represent his home district in Kern County in the state Legislature in 2002, rose to leader of the Assembly’s Republican caucus during his first term. That put him at the bargaining table with then-Gov. Schwarzenegger, who entered office via a 2003 recall election, on state budget negotiations and other major issues facing the Golden State. McCarthy left California's Capitol for the halls of Congress after the 2006 election, when he won the House seat vacated by his own political mentor and former boss, former Republican Rep. Bill Thomas.

He’s an all-star Instagrammer.

McCarthy’s filter-laden Instagram account has attracted more than 12,000 followers to date. While cameos from the likes of Beyonce, Ringo Star and cute dogs don’t hurt, the GOP congressman also uses the social platform to post behind-the-scenes photos from his political and personal life (including frequent “Throwback Thursday” pictures). His social media savvy led BuzzFeed to name him the “best Republican congressman on Instagram” in 2013.

 


He splits with some GOP conservatives on immigration.

McCarthy hails from one of the nation's bluest states. But the California native hasn’t strayed much from the GOP line in his own time in office, voting with his party 96 percent of the time, according to one Washington Post analysis.  Still, he's split with the more conservative factions of his caucus on at least one key issue seen as a potential factor in Cantor’s primary defeat: immigration reform. Unlike his tea party-aligned colleagues, McCarthy has expressed support for creating a path to legal status for the country’s undocumented immigrants. His campaign for majority leader drew criticism from some conservative commentators, who blasted his backing of immigration reform, Sandy relief funding and a budget compromise. Despite some differences in ideology and style, McCarthy, a skilled networker and social butterfly, has made many friends in Washington, thanks in part to his success in raising cash and building a program to train and support up-and-coming candidates.
 

 



Photo Credit: Getty Images

Federal Gas Tax Hike Touted To Replenish Highway Fund

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Motorists from coast to coast are once again facing the prospect of higher prices at the gas pump.

Not courtesy of the petroleum industry -- but Uncle Sam.

There's a bipartisan proposal in the Senate to raise federal gas taxes by 12 cents a gallon, and many San Diego-area motorists -- who bear some of the nation’s most extreme petroleum costs – could soon find themselves doing double-takes.

"I'm not ready to pay 12 cents more per gallon, that's for sure,” said Coronado resident Donna Dwemke, as she gassed up Tuesday morning at a Shell station in downtown San Diego. “It’s already crazy.”

Others are just resigned to what seems inevitable: “"I don't care, I pay what it is,” said El Cajon resident Chris O’Hea. “Not much you can do about it."

In this case, progress in fuel efficiency is a real factor behind the tax hike proposal: It's actually been a drag on funding for freeway infrastructure.

Now, motorists are looking at a two-thirds increase from the current federal levy of 18.4 cents a gallon – unchanged since 1993 -- over two years, with automatic bumps for inflation after that.

That’s because the Federal Highway Trust Fund, which bankrolls roads, bridges and mass transit, is just about tapped out.

Officials say better gas mileage and more "alternative fuel" vehicles have taken a toll on revenues.

Money from other federal sources has been directed into the highway fund in recent years, but it’s drying up, too.

The only short-term fix, lawmakers warn, appears to be defaulting to a tax hike.

Says Mission Hills resident Noelle DeSantis, looking fiscal realities in the eye: "We drive the cars anyway. We might as well have safe roads and bridges to drive on.”

The increase is being endorsed by road builders and the American Automobile Association, and denounced by taxpayer advocacy groups as “anti-growth”.

Ironically, owners of conventional-fuel cars figure to pay most of the freight for the tax hikes; the alternative-fuel crowd will shoulder very little.

Is that fair?

"Unfortunately, it seems the only people that have the wherewithal to pay for the higher taxes can afford the hybrid cars,” says Stacy Woeppel, a resident of the Poconos in Pennsylvania traveling in San Diego in a rental car Tuesday on a business trip. “So no, it doesn't seem especially fair."

That's why there's now talk in Washington of taxing for the highway fund on the basis of "vehicle miles traveled" instead of gallons of gas.

"It’s the idea of 'no free lunches", says Gary Gallegos, executive director of the San Diego Association of Governments, which administers local allocations of federal transportation funding. “Everybody's got to pay their share of the usage that they're getting."

But how and when does Uncle Sam do the accounting, collection, and enforcement of “VMT”-based taxation?

"They say the devil's in the details, right?” Gallegos told NBC 7. “So I think, great idea -- but the devil's in 'how do we make something like that work?'"

While California has a healthy annual growth rate of almost 25 percent in alternative-fuel vehicles , Maryland and the District of Columbia boast over 40 percent.

Government and public-agency fleets account for a lot of that, along with big subsidies for alt-fuel vehicle purchases and fueling-station startup costs.



Photo Credit: NBC10.com

Lawsuit: SDPD Encouraged "Unwritten Policy" of Misconduct

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The San Diego Police Department enforced an “unwritten policy” that encouraged police misconduct and led to scandals involving former officers Anthony Arevalos and Christopher Hays, a new lawsuit against the department alleges.

The suit was filed Wednesday by three of Hays’ alleged victims against the former officer and the city of San Diego.

In the 21-page document, attorneys outline the allegations against Hays, including forced oral copulation, masturbating in front of a woman and a suspicious traffic stop.

The lawsuit also tries to establish a pattern of misconduct by listing sexual assault accusations levied at Arevalos since 1999.

Arevalos was convicted of eight counts of sexual battery, assault and asking for brides in 2011, though a judge later threw out two of the convictions.

The lawsuit claims officers felt they could get away with such inappropriate behavior after former SDPD Chief William Lansdowne and other officials disbanded the anti-corruption unit called the Professional Standards Unit (PSU) around 2003.

“The elimination of the PSU, this specialized unit, was a signal and affirmation to the SDPD, its police officers and its supervisory officials that those police officers who chose to exploit their positions of power, authority and trust by victimizing members of the very community they had sworn to protect would not be investigated, prosecuted, pursued or punished for their actions,” the lawsuit reads.

As an example, the court document claims another officer reported to his supervisors that Arevalos had taken Polaroid pictures of a nude mentally disabled woman.

Instead of punishing Arevalos or reporting the incident up the chain of command, the lawsuit claims his superiors instead destroyed the pictures and evidence of the incident and intimidated the officer who had reported it.

The lawsuit says the alleged cover-up is part of a “long-standing, unwritten SDPD policy that encouraged a two-tiered system of justice.”

That system includes laws that apply to ordinary citizens and a set of privileges and immunities that apply to SDPD officers and other members of the law enforcement community, according to the suit.

Additionally, the SDPD is accused of instituting a process that prevented the public from lodging complaints against officers directly with the internal affairs unit.

Despite Lansdowne’s promises for reform directly after Arevalos’ conviction, the suit says things remained unchanged at the SDPD.

The lawsuit seeks unspecified damages from the city, though the attorney for the alleged victims says two of his clients’ claims are worth more than $1 million.

In response to NBC 7’s request for comment, SDPD Lt. Kevin Mayer released the following statement:

"It would be inappropriate for me to provide comments as there is pending civil litigation and a federal investigation. In addition, PERF is conducting an independent review of the Department as previously discussed at a press conference by Chief Zimmerman.”

NBC 7 has reached out to the Police Executive Research Forum (PERF) and the FBI to see if there iss any new information on their independent investigations into the department. Calls have not been returned.

The city attorney’s office had no comment.
 

Judge Denies Shelly Sterling's Injunction Request

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A judge rejected Shelly Sterling's request Thursday for an injunction against Donald Sterling and his attorneys after allegations that her legal team and doctors -- who claim the Clippers co-owner is mentally incapacitated -- received threats.

The denial of the request comes as attorneys for Shelly and Donald Sterling prepare for a four-day trial to begin July 7 to hear testimony on whether she was within the guidelines of the Sterling Family Trust when she negotiated a sale of the team to ex-Microsoft CEO Steve Ballmer. The trial will likely include testimony from the doctors about her husband's mental state, a key factor in whether his wife acted within her rights provided by the family trust.

Citing voice mail messages that they claimed were left by Donald Sterling for the doctors, Shelly Sterling's attorneys sought the order to "prevent Donald Sterling and his attorneys from intimidating or harassing trial witnesses and counsel," said attorney Aaron Moss. Moss represents Shelly Sterling and another member of her legal team, Pierce O'Donnell.

The voice mail messages were played Thursday in court.

"(The request is) based on several voice mails he left last week for the two doctors who evaluated him and certified that he was incapacitated in accordance with the terms of the trust," said Moss.

The filing claims that on June 9 Donald Sterling called O'Donnell, threatened lawsuits and stated, "I am going to take you out, O'Donnell." O'Donnell told NBC4 that he "will take that as a death threat."

The document also alleges statements by Donald Sterling threatening the licenses of the doctors and a letter from one of his attorneys claiming the physicians are part of a conspiracy, the AP reported.

"I don't think anybody can reasonably conclude that these are anything but the rantings of an unstable person," O'Donnell told NBC4 on Thursday.

Sterling attorney Maxwell Blecher told City News Service his client has a "short  fuse" and that the incident was merely a "blip on a much larger screen." Another Sterling attorney, Bobby Samini, told City News Service the  conversation mentioned in the filing between Sterling and O'Donnell was "not confrontational, but quite entertaining."

"I don't believe that Donald has threatened anybody," Samini said. "(Sterling is) like anybody else who woke up and found out that their physicians had released their medical records."

Los Angeles Superior Court Judge Michael Levanas ruled in writing that the statements cited in the petition did not "rise to the level of great and irreparable injury." The judge also commented that the case may involve "c and some litigation posturing" and he asked all parties to tone down their pretrial communications.

The proposed $2 billion sale to Ballmer appeared to resolve the Clippers ownership saga, which began after an audio recording surfaced of Donald Sterling making racist comments and telling a companion not to bring black people to Clippers games.

Sterling, 80, indicated he had agreed to the proposal, but announced earlier this month that he planned to move forward with a lawsuit against the NBA. The lawsuit alleges the league violated his constitutional rights by relying on information from an "illegal" recording when NBA officials announced a life-time ban and substantial fine.

It also claims the league committed a breach of contract by fining Sterling $2.5 million and that it violated antitrust laws by trying to force a sale, which would require approval from other team owners.

League officials have said they want a resolution as soon as possible.



Photo Credit: ASSOCIATED PRESS

Workers Rescued From Scaffolding

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Authorities rescued two men trapped on scaffolding that apparently became unhinged on one side as they were working at a midtown high-rise Friday morning, fire officials say. 

The men were being hoisted up on the scaffolding when it broke between the 12th and 13th floors of a 20-story building on East 57th Street near Lexington Avenue, officials said. They were pulled to safety through windows shortly after the 8:30 a.m. accident. Authorities say they were a little shaken up but otherwise OK.

NBC 4 New York obtained video of the scaffolding dangling perilously from more than half a dozen stories up as passersby gawked from the ground. It wasn't clear what caused it to break.

Fire officials say construction is being done on the top of the building. 

Commuters were advised to expect delays in the area.

 



Photo Credit: NBC 4 New York

SoCal Region Ranks #1 as Worst Place for Skin: Study

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A “wrinkle ranking” study has identified a Southern California region as the nation’s worst place for your skin.

The Inland Empire – specifically, Riverside, San Bernardino and Ontario – was ranked number one due to "constant sun and high unemployment rates," according to the study.

The Wrinkle Ranking Study, sponsored by RoC Skincare and Sperling’s Best Places, takes into account how lifestyle, environment, commute time and stress levels influence skin’s risk of damage.

Riverside residents are exposed to above average amounts of sunlight, pollution and dry weather, spend a higher than average amount of time commuting and of the 50 cities in the study, had the second-highest unemployment rate at 11 percent.

The Los Angeles, Long Beach and Glendale ranked 16th due to the study’s highest levels of particulate pollution, a longer than average commute time, high stress and a high unemployment. Unlike the Inland Empire, however, residents in the LA region “showed a commitment to a healthy diet,” as residents consume 13 percent more servings of fruits and vegetables than average. Los Angeles residents are also 27 percent less likely to smoke, according to the study.

The Top 20 U.S. Cities Where Residents are Most at Risk for Skin Damage

  1. Riverside-San Bernardino-Ontario, CA
  2. New York, NY
  3. Philadelphia, PA
  4. Atlanta-Sandy Springs-Marietta, GA
  5. Baltimore-Towson, MD
  6. Denver-Aurora, CO
  7. Chicago-Naperville-Arlington Heights, IL
  8. Newark, NJ-PA
  9. St. Louis, MO-IL
  10. Orlando-Kissimmee, FL
  11. Washington-Arlington-Alexandria, DC-VA-MD-WV
  12. Nashville-Davidson--Murfreesboro--Franklin, TN
  13. Tampa-St. Petersburg-Clearwater, FL
  14. Miami-Miami Beach-Kendall, FL
  15. Houston-Sugar Land-Baytown, TX
  16. Los Angeles-Long Beach-Glendale, CA
  17. Charlotte-Gastonia-Concord, NC-SC
  18. Dallas-Plano-Irving, TX
  19. Phoenix-Mesa-Scottsdale, AZ
  20. Warren, MI

 



Photo Credit: Getty Images/iStockphoto

Polar Bears Return from Maternity Mission

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SeaWorld’s two polar bears have returned to sunny San Diego after a cross-country maternity mission.

For past five months, females Szenja and Snowflake have been spending some time mating with male bear Koda at the Pittsburgh Zoo and PPG Aquarium.

The Pennsylvania sites have a cooperative breeding agreement with SeaWorld San Diego to try to get the threatened polar bear species thriving.

To say "welcome home," the bears’ caretakers wrote a message in cream cheese on the artic-themed habitat’s window for the animals to lick off, and the humans hid treats in the caves for the bears to discover.

Now that they’re back in their familiar surroundings, caretakers are eagerly watching the 18-year-old bears, crossing their fingers for any signs of pregnancy.

The veterinarians will keep an eye on their hormone levels, and they should know later this fall or winter if the breeding was a success, SeaWorld says.

Unfortunately, Szenja’s time with Koda last year did not result in any cubs, but if this latest attempt leads to a pregnancy, SeaWorld hopes they could see some new cubs by the end of the year.

A polar bear’s pregnancy lasts between 195 and 265 days, and a typical litter includes one to three cubs that each measure between a foot and 14 inches, weighing about a pound, the park says.



Photo Credit: SeaWorld

Tracy Morgan Out of Hospital

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Nearly two weeks after a horrific car crash that claimed his friend's life and left him critically injured, Tracy Morgan has been transferred from a New Jersey hospital to a rehabilitation center to continue his recovery, his publicist said in a statement Friday. 

"While he is continuing to show signs of improvement, he still has a long way to go," his representative Lewis Kay said in a statement.  "He and Megan wanted to publicly express their deepest gratitude to everyone at Robert Wood Johnson University Hospital for the unbelievable care and attention they provided him." 

The Brooklyn-raised star of "30 Rock" and "Saturday Night Live," who suffered a broken leg, a broken nose and several broken ribs after a tractor-trailer slammed into the back of his limo on June 7, will spend a few weeks in the rehab center recuperating from his extensive injuries.  

Morgan underwent surgery for his broken leg and his condition was upgraded earlier this week from critical to fair.

The truck driver who crashed into Morgan's limo on the New Jersey Turnpike had logged over 13 hours behind the wheel and was driving 65 mph in a 45 mph zone, according to a preliminary report from the National Transportation Safety Board.

Kevin Roper pleaded not guilty last week to charges of vehicular homicide and assault by auto. Roper was driving a Wal-Mart truck when he allegedly swerved to avoid slowed traffic on the turnpike and plowed into Morgan's limo.

Roper had a logged a total of 13 hours and 32 minutes on the job that day, the NTSB report said. The maximum consecutive duty period allowed for commercial drivers is 14 hours. The report also states that Roper was traveling at 65 mph for 60 seconds preceding the crash in a construction zone where the speed limit had been reduced from 55 mph to 45 mph.

Morgan's friend and fellow comedian James McNair was killed in the crash, and two other passengers were seriously injured.

 



Photo Credit: Getty Images

1 Dead in NJ Building Collapse

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A construction worker was trapped and killed when the last standing wall of a building under demolition collapsed on top of him.

Family members have identified the victm as 40-year-old Jose David Castro.

The father of two was a day laborer for Maple Shade, N.J.-based Mancuso Contractors Inc., which was the subcontractor hired to demolish an old Blockbuster Video building in the Cherry Hill Shopping Center at 500 Route 38 in Cherry Hill, N.J.

Castro was standing nearby the last standing portion of the building around 12:30 p.m. Friday when it came crashing down, killing him.

He was knocked into a trench, leaving him partially buried by debris. He was pronounced dead at the scene. A backhoe operator, who was shook up and having chest pains, was hospitalized. A third worker was also at the site, but was not harmed.

Crews were clearing the site to pave the way for a Super Wawa, according to Cherry Hill Fire Director Patrick Kelly.

"I'd say 98.9 percent of it was down. This is the last piece that was there and unfortunately, something happened where the wall came down on a worker," Kelly said.

The company in charge of the demolition had all the proper permits, Kelly said.

"Proper permitting does not always equal proper safety standards," said Andrew Duffy, a construction accident attorney for the Philadelphia firm representing victims in last year's deadly building collapse in Center City. Six people died in that accident and 13 were injured.

Investigators with the Camden County Prosecutor's office and the Occupational Safety and Health Administration (OSHA) were on site after the accident. The prosecutor's office will determine if there was any criminal wrongdoing. OSHA will determine whether specific safety requirements for demolitions were followed.

Joanna P. Hawkins, a spokeswoman with the U.S. Department of Labor, said OSHA is investigating the general contractor, which she identified as  Berlin, N.J.-based Carl R. Pursell Inc. and Mancuso Contractors. Reports show each company has been cited by OSHA for safety-related violations in the past.

The Mancuso violations date back to 1999 and 2000 for worker safety issues related to excavations. Three of those violations were categorized as serious. OSHA issued 12 violations during inspections for Pursell, the latest in 2013. Eight of those violations were deemed serious.

Requests for comment from both companies were not returned by the time of publication.

Duffy characterized the accident as eerily similar to the Market Street collapse in that the one wall left standing, came crashing down and killed a man.

"What this shows, unfortunately," Duffy said, "is that it is far more dangerous to demolish a building than to construct one."



Photo Credit: NBC10.com

Live: Oysterfest 2014

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San Diego's Oysterfest packed a wallop this year, with performances by Matt and Kim, Barbarian, He's My Brother She's My Sister, Boombox, Oliver Trolley and 22 Kings.

Photo Credit: John Hancock

Kona Kai Nears End of $22M Makeover

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Kona Kai Resort & Marina is nearing completion on the second phase of a $22 million renovation of the Shelter Island property.

Operators said work is expected to wrap up before July 4 at the 129-room resort. The latest improvements include upgrades to the hotel’s guest rooms, lobby and waterfront restaurant, known as Vessel.

The hotel’s Tiki Bar has been rebuilt, with a revamped pool and meeting spaces. Officials said the renovation reflects modern San Diego elements while retaining elements of the hotel’s history.

The property at 1551 Shelter Island Drive is owned by Westgroup Kona Kai LLC, a unit of Noble House Hotels & Resorts, which acquired the hotel in 2013.
 

 

The Business Journal is the premier business publication in San Diego. Every day online and each Monday in print, the Business Journal reports on how local business operate and why businesses leaders make the decisions they do. Every story is a dose of insight into how to run a better, more efficient, more profitable business.



Photo Credit: Photo courtesy of Kona Kai Resort & Marina

"I Knew Something Was Up": Man Rescues Abducted Teen

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Philadelphia resident Steve Reiff, 64, was getting into his car about to go to a routine doctor's appointment on Wednesday afternoon when he was approached by a frantic 15-year-old who said he'd been abducted and held hostage by gunmen.

"He had no shoes on, and he looked frantic, and he was crying," Reiff said. "He said, 'I was just kidnapped and I had duct tape on face and hands. The guys had guns, they went into my parents' house and robbed them.'"

Reiff didn't know whether the story was true, but he knew he had to do something to help.

"I told him, 'Get in my car,' and I took him to 23rd and Fairmount to a Sunoco gas station mini-market there so he could call the police. And he went in there and they called them for him."

Reiff says he then rode off to his appointment, uncertain about the outcome of the young man's story but relieved that he'd at least done something to try to help.

It wasn't until Reiff returned home later that evening that he learned the truth behind the teen's ordeal.

According to police, two gunmen wearing purple latex gloves and masks kidnapped the teen while he was walking home from school on Ferndale Street in Northeast Philadelphia on Wednesday. Police say the kidnappers later drove to the teen's home in Bustleton, tied up his parents with shoestrings, and collected $30,000 in cash, jewelry and the home's surveillance video system before taking off with the teen in the car.

The high schooler somehow managed to free himself from the kidnappers, at which point he encountered Reiff and asked him for help.

"When I came back from the appointment, I turned on the TV and I see it on the news, and I thought, 'Holy cow!' Who would’ve even known if it was true?" he said.

"It was all very surprising, but I knew something was up. I knew he needed some help, and I couldn’t just leave him there. I have children of my own, so I had to get him to some place safe. Luckily I was there at the right time."

The teen was not hurt and has since been reunited with his family.

No arrests have been made.

Padres Look to Beat L.A.

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As the Padres and the entire city of San Diego try to return to normal after the tragic death of the legendary Tony Gwynn, we focus more of our attention back to the field.

After the Padres gritted out a pair of Interleague wins over the Seattle at Petco Park this week, they now host the rival Los Angeles Dodgers for a three-game weekend set.

They face a Dodgers squad that is riding high on a three-game win streak that includes Wednesday night’s amazing no-hitter from Clayton Kershaw – the team’s second of the season.

Emotions will no doubt still be high from the tributes to Gwynn, but there’s an L.A. team to beat. Let’s break down the series.

Matchups:
Friday, 7:10 p.m.:
Ian Kennedy (R, 5-8, 3.72) vs. Dan Haren (R, 7-4, 3.54)
Kennedy walked more than three batters for the first time all season his last time out, giving out four free passes to the Mets. He’s lost two straight after winning three in a row. Haren has walked just three in his last four starts, winning his last two.

Saturday, 7:10 p.m.: Tyson Ross (R, 6-6, 3.27) vs. Josh Beckett (R, 4-4, 2.49)
Ross has sandwiched a pair of quality starts into three ugly outings, surrendering five runs and seven walks his last time out. Beckett has been lights out since throwing the other Dodgers no-no on May 25, allowing three runs or less in five straight starts.

Sunday, 1:10 p.m.: Eric Stults (L, 2-9, 5.76) vs. Hyun-Jin Ryu (L, 8-3, 3.18)
It’s been more than a month since Stults last won a ballgame (May 10) as he takes a six-game losing streak into the weekend. Ryu has five quality starts in his last six outings, winning all of them.

What’s at stake: A few weeks ago, it looked like it was the Giants’ world and the rest of the NL West was just playing in it. But a recent skid has brought them back to earth and given the division some hope – especially the Dodgers.

L.A. sits just four games back and appears poised to make a second-half run similar to last year, when they ran away from the division after trailing by 9 ½ games exactly a year ago this weekend. In fact, they won the last two games of a series with the Padres on this same weekend last year that kicked off an amazing stretch in which they won 46 of their next 56 games and ran away with the division.

Meanwhile, the Padres hope the worst is over after an ugly skid where they lost eight of nine and now find themselves 12 games out of the division lead. All is not lost, especially with the Giants struggling and the third-place Rockies just 3 ½ games ahead.

The Friars have 19 of the next 22 games against division foes. If they have a run in them, this is the time to make it.

Who to watch:
Padres:
Outfielder Seth Smith continues to lead the team in most hitting categories, including average (.280), homers (six) and extra-base hits (25) despite just three hits in the last week.
Catcher Rene Rivera has just two hits in the last week, but both cleared the fences. We’ll take it! Tommy  Medica doesn’t get a chance to play every day, but makes the most of them. He drove in a run with a pinch hit on Wednesday, then had a hit and scored a run on Thursday. He should get more opportunities to play with Yonder Alonso hitting the disabled list.
Dodgers: It was this same weekend last year that Cuban phenom Yasiel Puig made his big-league debut. Since his arrival, all Puig has done is hit, continuing that trend this year with 11 homers, 42 RBIs and a .325 average. Former Padre Adrian Gonzalez leads the team with 12 long balls and is tied with Puig and Hanley Ramirez with 42 knocked in. He has five hits in his last four games.

Why go: As if you need any more reason to go hate-watch the Dodgers, you can get a “Beat L.A.” t-shirt on Saturday night.

Coming up: The Friars head up the coast for a series with the Giants before coming back to Petco next weekend to start a nine-game homestand that includes the Diamondbacks, Reds and Giants once again.



Photo Credit: Getty Images
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