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Triple Homicide Suspect in Hospital, Faced Weapons Charges

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 A defense attorney for the man arrested in last Christmas Eve’s triple homicide exclusively shared new details about his client with NBC 7, including his hospitalization over the weekend and past weapons charges.

Carlo Gallapo Mercado, 29, was being treated at UC San Diego Medical Center Sunday under guard after he was injured while in custody at the San Diego Central Jail.

His attorney Michael Berg said Mercado was hurt sometime after being booked into jail early Saturday morning on three first-degree murder charges in connection with the slayings of Ilona Flint, Salvatore Belvedere and Gianni Belvedere. However, Berg did not give any further details about what happened to his client.

He did however take the chance to defend Mercado against the homicide allegations against him.

“There’s been no formal document charging him with any crime. He was simply arrested. There has been no evidence that I have seen that would relate him to any of the crimes,” Berg said.

The lawyer told NBC 7 his soft-spoken client “certainly adamantly denies any involvement” in the triple homicide.

As for his family, Berg said Mercado’s relatives were shocked by his arrest and “they support him 100 percent.” Even Berg was caught off guard by this arrest.

“It’s unusual because this is a young man with no prior record. He doesn’t fit the mold. I haven’t seen anything that would tie him to these homicides, to the victims,” said Berg.

The defense team plans to enter a not guilty plea at Mercado’s arraignment, scheduled for Wednesday.

Meanwhile, another case against Mercado is making its way through the court system.

Police discovered a loaded weapon in Mercado's vehicle as he was heading back from target practice on Jan. 18 -- the day after Gianni Belvedere's body was found in Riverside -- according to police records and his attorney.

Mercado was arrested for the violation months later on April 29.

On May 5, the San Diego District Attorney’s Office filed four weapons-related charges against the suspect, which included possession of an assault weapon, possession of a silencer, manufacturing a large capacity magazine and carrying a concealed firearm in a vehicle.

According to Berg, his client pleaded guilty to possessing a silencer, and prosecutors dropped the three other charges.

The suspect was scheduled to be sentenced on the silencer charge on July 9 in Vista Superior Court, but that sentencing will most likely be delayed if he is arraigned on the three murder charges.

Defense attorney Kerry Armstrong – who is not related to the case – shared his theories on how the weapons charges could be related to the triple homicide case.

“It could be that this guy was a suspect for a long time and they just wanted something to put him in jail for a while until they could complete the investigation,” Armstrong said.

His second theory is that officers arrested Mercado on a fluke for the weapons charges.

“And then, when he’s in jail, they ran the ballistics on the gun that he was caught with, and it matched up with the ballistics used in the homicide – or homicides,” said Armstrong.

The San Diego Police Department is expected to release more details about their six-month investigation into the Mission Valley homicides at a press conference Monday.

NBC 7 will be streaming that announcement live online.



Photo Credit: NBC 7

Sandusky Investigation Took Too Long: AG

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A comprehensive review of the lengthy investigation into convicted child molester and former Penn State football coach Jerry Sandusky says state prosecutors and police took too long to bring the man to justice.

The several hundred page report released on Monday morning by Pa. Attorney General Kathleen Kane found "crucial missteps and inexplicable delays" kept the serial molester from being arrested and charged for his crimes.

It took prosecutors a year to recommend filing charges against Sandusky, an assistant coach with the venerable college football program led by Coach Joe Paterno, because basic tactics like interviewing him or searching his home were not performed, the report found.

An eventual search of Sandusky's State College house, where some of the victims were molested, uncovered several pieces of evidence including photographs of the victims and lists of campers, some with asterisks next to their names, attending his at-risk youth camp The Second Mile, according to the report. Moulton said some of the highlighted children on the list turned out to be victims.

Investigators also said prosecutors could have used this evidence to find victims years earlier.

Sandusky was first investigated in 2009, but wasn't arrested until November 2011. He was later found guilty of sexually assaulting 10 boys over long-periods of time and is serving a 30-to-60-year prison sentence. Three Penn State administrators were also charged with covering up the crimes. Their cases are pending.

The review, led by Special Deputy Attorney General H. Geoffrey Moulton, Jr., also found senior state prosecutors dragged their feet for five months once charges were recommended based on the testimony of Victim 1. Jonelle Eshbach, the lead prosecutor investigating the case, was eventually told more victims would be needed to bring forth the case.

"The case sat inactive for months while a predator was on the streets and a victim waited for justice," Kane said of the findings. She called for the review after taking office in 2013. "The Grand Jury presentment, drafted and supported by the lead prosecutor, sat on someone's desk for five months...It is unfathomable why there was such a lack of urgency."

Investigators said there is no direct evidence that top brass in the AG's office forced the delays, but Kane said that there are serious questions about the "lack of urgency."

Sandusky was first investigated during the tenure of then Pa. Attorney General Tom Corbett. Corbett, now governor of the Commonwealth, has defended his team's work. Moulton said Corbett did not appear to have had any role in the investigation other than failing to bring forth charges.

In a statement given shortly after the report's release, Corbett said the inquiry shows the complex investigation was conducted timely manner and that politics were not involved.

“I am proud of the hard work of men and women who joined in the effort to support and fight for these victims. It was, however, difficult to see their motives and professionalism called in to question," he said. "The release of this report reaffirms the integrity of their efforts."

Corbett is a Republican and Kane is a Democrat.

Google Doodle Takes on Office Workers Sneaking Peeks at World Cup

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Google outted office workers around the world with a doodle that features the iconic "Google" letters sitting around a conference table watching a World Cup game.

The animated letters are seen switching from the game to a graph presentation when a stern looking letter "B" walks by with a clipboard in hand. Once the B-is-for-Boss is gone, the PowerPoint presentation switches back to what appears to be an exciting match as the Google letters cheer and fist pump.

Users who click on the Doodle were taken to coverage of Monday's Netherlands vs. Chile match.

Researchers have yet to calculate the estimated loss of work productivity during the 2014 World Cup, but the U.S. economy in 2010 took a $121.7 million hit due to the 21 million soccer-loving Americans who watched for 10 work minutes a day during the South Africa games, according to NBC News.

Border Patrol Cancels Plan to Fly Immigrants to California

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In the eleventh hour, U.S. Border Patrol stopped a controversial plan to fly hundreds of detained immigrants from Texas to California.

Border Patrol union representative Gabe Pacheco said he believes the change was made because of mounting public pressure.

The initial plan, which drew heavy criticism, was to fly two planes with 140 passengers each to San Diego and El Centro starting Monday. The flights were in response to a surge of Central Americans entering Texas’ Rio Grande Valley, where Border Patrol has made more than 174,000 arrests since October 1.

Border Patrol agents say their hands are full as 50,000 unaccompanied children have inundated the U.S.-Mexico border. So far this year, the San Diego sector has apprehended more than 700 unaccompanied kids.

Pacheco said the controversy over the plan has called attention to how overwhelmed Border Patrol agents are.

“What's going to happen is you're going to have these holes and these gaps where the agents aren't enforcing,” he said. “What's going to happen is you're going to have people taking advantage of those gaps.”

Agents worry that with their hands tied attending to these families, guns, drugs and communicable diseases may also enter the country.

“We cannot handle hundreds of people of with active TB coming across. The amount of manpower that would take to draw off the border enforcement to just watch these people that are in custody and the amount of money the public is paying for those facilities,” Pacheco said.

San Diego-based non-profit Border Angels said the problem is so devastating it is launching a campaign to collect food, clothing and donations to help.

“It's a sad situation because a society is judged on how we treat our children,” said Enrique Morones with Border Angels. “When we are out there putting water in the desert and working with the migrant community, we find something like this, this little shoe, this little toy. It just breaks my heart. These are children, and their parents just want them to have a better life.”

Border Patrol is canceling the plan for now, but the agency did not say it couldn't sill happen in the future.

Trip to First-Place Giants Looms for Struggling Padres

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While the Padres continue to make news off the field, the product when the team actually is playing remains the same. And that’s not good.

General manager Josh Byrnes was dismissed over the weekend, apparently the target of rumors of shakeups that had been swirling around the team over the past few weeks. Manager Bud Black got a thumbs up from CEO Mike Dee – at least through the end of the season – but we’ll see if that’s the extent of the front office shakeup.

Meanwhile, on the playing field the Friars (32-44) lost two of three to the rival Los Angeles Dodgers and now find themselves 13 ½ games behind the first-place San Francisco Giants. Speaking of, the Padres head up the coast this week for a three-game set with those Giants, a team that looked to be running away with the division before losing six straight and nine of 10 over the past two weeks.

The Padres find themselves behind the eight ball before the series even starts, as ace Andrew Cashner was scratched from Monday night’s start. That’s not good for a team that’s still ranked last in all of baseball – by quite a bit – in runs, batting average, on-base percentage and slugging. On the flip side, it means we get our first look at Cuban rookie Odrisamer Despaigne. Could we be seeing the future? Let’s not get ahead of ourselves.

Instead, we’ll take a look at the upcoming series in NorCal.

Matchups:
Monday, 7:15 p.m.:
Odrisamer Despaigne (R, MLB debut) vs. Matt Cain (R, 1-5, 4.52)
Despaigne was 1-3 with a 6.03 ERA in seven starts between Double-A and Triple-A. Cain is 0-2 with a 5.85 in his last four starts and hasn’t won in more than a month.
Tuesday, 7:15 p.m.: Jesse Hahn (R, 2-1, 2.16) vs. Tim Hudson (R, 7-3, 2.39)
Hahn hasn’t allowed an earned run in his last two starts, both wins. Hudson had gone 10 straight starts without allowing more than three earned runs before giving up seven to the White Sox in his last outing.
Wednesday, 12:40 p.m.: Ian Kennedy (R, 5-8, 3.90) vs. Tim Lincecum (R, 5-5, 4.90)
After throwing at least six innings in seven straight starts, Kennedy has failed to get out of the sixth in his last two. Lincecum hasn’t won (or lost) two starts in a row all season.

What’s at stake: As the Padres continue a stretch of 19 out of 22 divisional games, they try to hold off the last-place Arizona Diamondbacks – as well as the worst record in the National League. They lead by 1 ½ games over the D’backs. The three-game win streak we saw last week seems like a distant memory after a pair of close losses to the Dodgers.

The Giants righted the ship after their rocky stretch, winning a pair over the weekend to hold a four-game lead over L.A. They now trail the Milwaukee Brewers by a game for best record in the NL.

Who to watch:
Padres:
All eyes will be on Despaigne, the hyped 27-year-old Cuban who makes his big-league debut tonight.

How close was Seth Smith to hitting three home runs on Friday night? Just a couple of feet, as his late-inning fly ball to deep center fell just short and landed for a double. He had to settle for his seventh and eighth long ball of the season, leading the team. He also is on top of the Padres’ stat sheet in most categories, including a whopping 35 walks.

Rookie Jake Goebbert has impressed in his first two games with the team, picking up a pair of hits.

Giants: Outfielder Michael Morse has thrived in his first year in the Bay Area, belting a team-high 13 homers with 44 RBIs. He has hits in nine of his last 10 games.

Fellow outfielder Hunter Pence has been hitting above .300 all season and has 16 hits in his last nine games.

Catcher Buster Posey and third-baseman Pablo Sandoval both have nine long balls on the season.

Coming up: The Padres come back to Petco for a nine-game homestand starting this weekend. They host the D’backs, Cincinnati Reds and this Giants squad during that time.



Photo Credit: Getty Images

Man Accused of Newtown Phone Threat

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A 30-year-old man is accused of repeatedly calling residents of Newtown, Conn. two days after the 2012 Sandy Hook Elementary School massacre, saying: "This is Adam Lanza. I'm gonna kill you."

The Venezuelan man, who had been charged in a 2013 criminal complaint, was arrested Saturday as he traveled through Miami on the way to Mexico from Venezuela, federal officials said.

He allegedly called Newtown residents on Dec. 16, 2012, two days after gunman Adam Lanza walked into Sandy Hook Elementary School and killed 20 children and six educators before taking his own life.

The suspect allegedly made 96 calls to the Newtown area from Venezuela, saying on one call: "This is Adam Lanza. I'm gonna [expletive] kill you. You're dead. You're dead. You hear me? You're dead."

On another, he is accused of saying: "This is Adam Lanza. I'm gonna kill you. You're dead. With my machine gun. You're dead."

Deidre Daly, U.S. attorney for the district of Connecticut, said in a statement that threatening grieving Newtown residents "is reprehensible and inhuman criminal conduct."

He faces up to five years in prison for the charge of transmitting threats in interstate or foreign commerce.

2 Women Report Assaults in North Park

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San Diego Police are warning women not to walk alone after two victims reported being assaulted in North Park in the last week.

The most recent case happened Saturday around 9:40 p.m. as a lone woman was walking on the 2700 block of Lincoln Avenue.

She told police she was hit from behind by two suspects and was knocked to the ground. One suspect grabbed her clothes and tried to pull them off, police say, but the woman fought back.

When she yelled for help, the suspects darted away in an unknown direction. Two bystanders rushed in to help the woman, but neither they nor the victim saw what the suspects looked like.

In a similar incident, a woman was walking alone on June 17 around 11:30 p.m. on the 3200 block of Meade Avenue when she was attacked by two men.

However, she fought back, and the suspects soon took off.

Police say this victim got a look at her attackers, describing the first as a man about 28 to 29 years old, 6-feet tall, wearing a hooded sweatshirt.

The second suspect is described as a man about 23 to 24 years old, 5-foot-7 to 5-foot-8, wearing a black shirt and braces.

Police have released a composite sketch of the second suspect (which is pictured on the right.)

The SDPD is asking women in the area to be aware of their surroundings and avoid walking by themselves.

If you have information about these assaults or suspects, call Crime Stoppers at 888-850-8477 or the SDPD Sex Crimes Unit at 619-531-2210.

Weekend Events for June 26-29

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From Brazilian barbecue to Italian ice to Polynesian fare, it’s a foodie’s paradise this weekend in San Diego.

Thursday, June 26

World Cup: USA vs. Germany
Game begins at 9 a.m.
Do you believe we will win? This game determines if Team USA moves on or if their World Cup run is over. Find out where to watch the World Cup in San Diego.

Rita’s Grand Opening
10 a.m. at Rita’s in Vista
Rita’s Italian Ice is expanding its presence in San Diego County, much to the delight of its fans. (Have you tried a Gelati? It’s amazing.) To celebrate the opening of the Vista location, the first 100 people in line will receive free ice cream for an entire year.

Brazilian Carnival
6 p.m. at Bahia Resort Hotel on Mission Bay
Does the World Cup have you wishing you were in Rio? This event brings Brazil to you. From Brazilian barbecue to Samba dancers, you’ll feel like you’re at Carnival.

Tony Gwynn Public Memorial
7:19 p.m. at Petco Park
Join thousands of San Diegans as they say goodbye to Mr. Padre. Click here for information on parking, public transit and other information.

SoundDiego Suggestion: Leon Russell
9 p.m. at the Del Mar Fairgrounds
Russell is a Southern rock legend. While he’s definitely moving a little slower these days, the man is still a stone-cold killer behind the keys. Whatever you do, don’t miss him.

Friday, June 27

Summer Sunset Luau
6 p.m. at the Catamaran on Mission Bay
Say aloha to Mai Tais, fire dancers and an endless Polynesian buffet.

SoundDiego LIVE Platinum featuring Cash’d Out, Nancarrow and Megan Ruger
7 p.m. at Tin Roof in the Gaslamp Quarter
SoundDiego’s monthly live music party takes over Tin Roof in the Gaslamp on Friday night. This country music barnburner features live performances by Johnny Cash tribute band Cash’d Out, Nancarrow and Megan Ruger (from NBC’s “The Voice”) – as well as a hosted Jack Daniel’s Happy Hour before the show! RSVP here to get in for free.

Saturday, June 28

Gourdstock Festival
9 a.m. – 5 p.m. at Bates Nut Farm in Valley Center
You’d be amazed what you can make with a gourd. Check out amazing gourd creations and even try your hand at some gourd art. The festival continues Sunday.

OB Street Fair and Chili Cook-Off
10 a.m. – 8 p.m. in Ocean Beach
The OB Street Fair and Chili Cook-Off is back for its 35th year. Attendees will enjoy beachfront entertainment and sample over two dozen homemade chili dishes. The event also runs Sunday.

Cat and Kitten Adoption Fair
11 a.m. – 3 p.m. at Unleashed in Clairemont
Thinking about adding a feline friend to your family? There is no better time; June is Adopt-a-Cat Month. Adorable cats and kittens from the Rescue House will be available to take home on the spot.

SounbDiego Suggestion: Javier Escovedo with The New Kinetics
8:30 p.m. at Bar Pink
You may know Escovedo from seminal San Diego punk band the Dragons – so if his past catalog is any indication, this show is going to be a real ruckus. The New Kinetics are one of the most electrifying bands in town, so they’re only going to add fuel to the rock & roll fire.

Sunday, June 29

Taste of Adams Avenue
11 a.m. – 3 p.m. on Adams Avenue
Explore 30 restaurants, bars and cafes in Normal Heights and Kensington, some of San Diego’s trendiest neighborhoods.

Taco Throwdown
1 p.m. – 4 p.m. at Catalina Offshore
Who makes the best tacos in San Diego? Find out Sunday when 20 chefs go head-to-head. Even more satisfying, the event benefits restaurant employees who are currently unable to work.

Sarah McLachlan

7:30 p.m. at Humphrey’s By the Bay
Fans of emotional pop rock, look no further: McLachlan, the Canadian singer/songwriter famous for hits like “Angel” and “I Will Remember You,” continues “Building a Mystery” at Humphrey’s. This show should round off your weekend nicely.



Photo Credit: clipart.com

Man Injured After Fast Food Fight Dies

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A man who was hit by a car after a fight that started in a McDonald’s drive-thru has died, according to the San Diego County Medical Examiner’s Office.

Jorge Osuna, 26, of National City died in the hospital on June 18, two days after he was pinned between a car and a building. His death was declared a homicide.

Darius Watkins-Risberg, 19, of Spring Valley has been charged in the murder, according to the San Diego County District Attorney’s Office. The suspect was initially booked into jail for assault with a deadly weapon.

The incident started in the early morning hours of June 16 at a McDonald’s restaurant in unincorporated La Mesa.

After a fight in the drive-thru, two vehicles followed Osuna’s car to the Avocado Village condo complex, according to sheriff’s officials. One of the vehicles drove straight toward the victim, but swerved before hitting him. That vehicle then went into reverse, crushing Osuna against a wall.

Watkins-Risberg was arrested later that day.

The judge set bail at $1 million, but the suspect is being held without bail because of a probation violation, according to the DA. Watkins-Risberg faces 26 years to life in prison if convicted.

A readiness conference is scheduled for Wednesday, and a preliminary hearing is set for July 2.
 



Photo Credit: NBC 7

Convicted Killer Gets 26 Years to Life for Wife's Death

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The Iraqi immigrant convicted of his wife’s brutal beating death was sentenced to 26 years to life in prison for the crime after his conflicted son read a statement of forgiveness.

Kassim Al-Himidi continued to maintain his innocence at his sentencing in El Cajon court Monday for the death of Shaima Alawadi. He was heard arguing with deputies before appearing before the judge, saying he's not guilty and refusing to go inside. 

Nevertheless, when he finally went into the courtroom, the judge sentenced him to 25 years to life, plus one year. He will also get 593 days worth of credit for time served.

He continued yelling out to his two sons in Arabic, at times blowing them kisses. 

"Judge, I swear I'm not guilty. Judge, I swear I'm not guilty," Al-Himidi said through tears. The outburst happened after his oldest son Mohammed told him in court that as much as he wanted to hate his father, he cannot. 

"That was probably the hardest thing I've done in my entire life so far," Mohammed said after the sentencing. 

Mohammed addressed the court and called his dad a true father figure who provided for his family and played soccer with his kids.

"It's pretty hard because it is your dad. Imagine your dad killing your mom," said Mohammed. "I'm pretty sure not that many people get that."

He said he forgives his father for his actions, though it was not an easy decision to reach. 

"I feel like I'm betraying my mom if I do that, you know, because she's gone because of that, because of him, because of that reason. And if I'm going to forgive him, I don't know how she's going to feel about it, but I just feel like I should forgive him" said Mohammed. "It sucks. It's like you're in the middle."

Mohammed's mother Alawadi was found by her daughter fatally injured in a bloody attack inside the family’s home in March 2012. Doctors discovered she had suffered critical brain injuries, and the mother of five died three days later.

The resulting case was initially investigated as a hate crime, since a handwritten note found at the scene read “This is my country, go back to yours, terrorist.”

However, El Cajon Police announced the killing was not a hate crime but an act of domestic violence when they arrested Al-Himidi in Nov. 2012.

His emotional trial played out earlier this, and prosecutors accused the suspect of killing his wife because she wanted a divorce. They say he then staged the scene to make it look like a hate crime.

The couple’s daughter Fatima was ordered to take the stand several times, detailing her parents’ tense marriage and the day she found her mother’s lifeless body. Defense attorneys also tried to implicate Fatima in the murder.

Throughout his trial, Al-Himidi was visibly emotional, and he wept uncontrollably as 911 tapes were played for the jury.

But tension in the courtroom truly boiled over when the guilty verdict against him was read on April 17.

Al-Himidi cried out “not guilty” in Arabic as his mother-in-law screamed “you killed my daughter.” Mohammed also yelled profanities at the jury, screaming that his father is innocent.

State Measure Takes Aim at Cooperation with NSA

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There would be no welcome mat in California for the National Security Agency under a measure now making its way through the state Legislature.

State Senate Bill 828 – due for a hearing Tuesday before the Assembly’s Public Safety Committee -- is creating buzz on a national level, especially after NSA critics say legislation in Washington aimed at curbing agency data-collection abuses essentially has been de-fanged.

SB 828 would apply to California agencies in a way that would send NSA to court – requiring it and other federal agencies to get warrants from California judges before they could receive any kind of cooperation in data-gathering from state agencies and contractors.

"It's wrong for a rogue NSA to be spying on everyday Americans who have done nothing wrong, says San Diego-based State Sen. Joel Anderson (R-36th District). “ So let's start with the premise that until you do something wrong, the government doesn't start spying on you."

Anderson is teaming with Torrance-based State Sen. Ted Lieu (D-28th District) in co-sponsoring SB 828, which passed the Senate on a 29-1 vote last month.

Under the measure, any information obtained by NSA without a warrant and turned over to law enforcement would be inadmissible in state court.

"If I'm doing some nefarious activity, they should have access to me,” said Anderson in an interview with NBC 7. “That would be under 'due process.' They would have a warrant, they'd have to go to a judge. They'd have to say, 'Look, there's a reason to keep this person under surveillance.' But to say everybody out here deserves that same surveillance is wrong."

The bill would make public universities off-limits to NSA research or on-campus recruiting – and could be used to cut off water and power to NSA facilities, although the agency doesn't currently operate a data or "threat operations" center in California.

But local prosecutors oppose the bill, warning its language is so broad and vague as to pose “unintended consequences” that could hamper federal-state task force operations and tax investigations.

“We think this is tacking a big issue,” says Sean Hoffman, legislative director for the California District Attorneys Association. “This needs to be carefully crafted.”

Hoffman told NBC 7 in phone interview from Sacramento that he hopes lawmakers table the legislation until next year: “And in the interim, have some conversations about, 'What are you really trying to address here?’ -- and do it in a way that we maybe use a scalpel instead of a machete.”



Photo Credit: Time & Life Pictures/Getty Image

Family Sues Cops in WWII Vet Death

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The family of a 95-year-old man who died after a confrontation with Park Forest police last summer has sued, saying police overreacted when they fired beanbag shots and user a Taser on the decorated World War II veteran.

The family of John Wrana says in its $5 million federal civil rights suit that the department overreacted to the situation, and with his advanced age and failing health, Wrana posed no real threat to the officers. 

"Why they chose to confront him in this way, I have no idea. I can't comprehend it. It has been a very painful process to relive this over and over again," his stepdaughter Sharon Mangerson said.

Wrana was a patient at the Victory Center Nursing home when he refused to go to the hospital for a urinary tract infection on July 26, 2013.

Police were called and eventually used a Taser and a beanbag shotgun to remove him by force, after they say he threatened officers with a butcher knife. He died the next day.

Park Forest Police Officer Craig Taylor, 43, is already charged with reckless conduct over the confrontation, for having struck Wrana with five shotgun beanbag rounds as he and other officers tried taking him into custody.

"Officer Taylor fired the five rounds from his shotgun from a distance of only 6 to 8 feet from where Mr. Wrana was standing," the family's lawyer Nicholas Grapsas said.

"Unfortunately, what the Japanese military failed to do to Mr. Wrana during the war, the Park Forest Police Department succeeded in doing 70 years later in the twilight of was, until then, an extremely wonderful life," he added.

Park Forest officials say they do not comment on any pending or ongoing litigation.

2 Hurt After Vehicle Flips at I-805 and I-15 Junction

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Two people, including a small child, were hurt when a vehicle overturned Monday evening at the Interstate 805 and Interstate 15 junction near South Park, troopers said.

A Ford Focus had flipped onto its top and had slid down an embankment, according to California High Patrol dispatchers. The crash was reported just before 6:30 p.m. 

Crews were responding and said they may need to close lanes of traffic to provide medical care.

The extent of the two people’s injuries wasn’t immediately clear.

SD Brewers to Get Incentives to Expand Business

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San Diego's vaunted craft brewing industry has just gotten a tempting "market signal" from City Hall.

It says, in effect, expand your operations, hire more people -- and you'll wind up paying no permit fees.
           
Permit fees for the new breweries that AleSmith and Ballast Point are rolling out in the Miramar District would have gone well into six figures.
           
But on Monday, the City Council decided that reimbursing those costs is an investment worth many times over, to taxpayers and the local economy.

And the beneficiaries are thrilled that their enterprises have been deemed worthy of being extended municipal “economic development” agreements.

"Eventually, the craft beer segment couldn't be ignored,” says Peter Zien, owner of AleSmith Brewing Co.  “We were bringing so much income to the city, so much attention to the city. For years we were just muddling here, doing our thing without much help from anyone. But to have the city on board -- very important.”

And to say the least, very helpful to AleSmith’s planned expansion nearby on a shuttered factory site on Empire Street, which eventually will carry the AleSmith name.

The brewing company has been in business 19 years – according to Zien, only the most recent were really profitable.

But now things are so vibrant  that the city is waiving $175,000 in expansion permit fees -- because San Diegans will reap $50,000 a year in property and sales tax income 'going forward'.
           
Same scenario for Ballast Point's new facility under construction on Carroll Way, where the permit fee waiver is worth $150,000.
           
With Ballast Point and AleSmith enjoying this first round of hospitality,  their compatriots in the microbrew industry can "hoist a cheer" and hope for the same kind of fortune.

"Opening a brewery or growing a brewery in San Diego is much like opening a restaurant in a big city like New York or San Francisco,” Zien said. “Sure, there's plenty of great ones already -- but there's always room for more.  You bring your 'A' game, practice integrity, great business practices, and I think you have a shot."

The city had been getting less than $40,000 a year in property taxes from the owners of the two vacant factory sites.
           
Both breweries will be in a hiring mode to staff the suds-making operations, restaurants, tasting rooms and other amenities.       

Sterling Accused of Delaying Clippers Sale

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A judge has asked lawyers for more legal documents arguing their points before he decides whether to approve the $2 billion sale of the Los Angeles Clippers to former Microsoft CEO Steve Ballmer.

Shelly Sterling is trying to sell the team without the consent of her estranged husband, Donald, after doctors who examined him said he lacks the mental capacity to decide such matters.

The judge said the Sterling Family Trust does not allow the billionaire to contest medical findings which are sufficient to remove him as a trustee. But he agreed to consider arguments at a hearing June 30 before a scheduled July 7 trial.

Donald Sterling is trying to kill the deal because he doesn’t want to sell the team, his lawyer acknowledged.

"He doesn't want to sell the team,” said Bobby Samini, Donald Sterling's attorney. “He never planned on selling the team."

Donald Sterling is trying to put off the trial until August instead of July 7.

Timing is everything in this case, considering the NBA's deadline of Sept. 15 to sell the team.

Shelly Sterling's attorneys argued any delay in a decision over who has the right to sell the Clippers, increases the chance the $2 billion deal she negotiated with former Microsoft CEO Steve Ballmer, will fall through.

"There a serious risk if the NBA seizes the team on Sept. 16 and has a public auction, that you won't get $2 billion," said Pierce O'Donnell, Shelly Sterling's attorney.

But in court papers, Donald Sterling's attorneys are claiming the value of the team will only increase with time, while admitting he's going to keep fighting to keep the team.

The team is held in a Sterling family trust, which says if one of the trustees is found mentally incapacitated by two doctors, they can be forced out.

Shelly Sterling had her husband examined by two doctors who found him incapacitated and is using that to argue she has the right to sell the team, but her husband is fighting back.

“We think that there are serious issues with the trust document itself, with the way that the examinations were done, particularly with our client’s medical records being disseminated to the entire world," Samini said.

Ballmer's attorney said the longer this drags on, the less certain Clippers players and coaches are about staying with the team.
 



Photo Credit: Bill Robles

SDPD Chief Hopes Homicide Arrest Will Bring Closure

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The triple homicide case that baffled San Diegans since last Christmas Eve has officially been turned over to the San Diego District Attorney's Office, San Diego Police officials said Monday.

During a brief press conference, SDPD Chief Shelley Zimmerman started by officially announcing the arrest of a suspect, 29-year-old Carlo Gallapo Mercado.

After a six-month investigation into the slayings of Ilona Flint, Salvatore Belvedere and Gianni Belvedere, Mercado was taken into custody Friday night in his Mira Mesa driveway.

"Although the arrest of this violent individual and the upcoming aggressive prosecution will never bring back Ilona, Salvatore and Gianni, we hope it will somehow bring some comfort and closure for the families," said Zimmerman. 

According to SDPD Lt. Mike Hastings, the arrest came after investigators and forensic lab personnel developed substantial probable cause to suspect Mercado. 

 He said directly after taking him into custody, forensic investigators spent the rest of the night and following morning gathering evidence.

By late Sunday afternoon, they were ready to present their case to the DA's office, and at 5:30 p.m., the case was formally turned over to prosecutors.

"As you are aware, once a case is turned over to the DA, the San Diego Police Department no longer makes comment on it," Hastings said. 

Zimmerman admitted she realizes those in the audience were brimming with questions "that we simply cannot answer at this stage in the process," so she asked for everyone's patience until details are revealed in upcoming court proceedings. 

Police have released no information about how they came to suspect Mercado, who was booked into jail on three counts of first-degree murder.

In an interview with NBC 7 Sunday, Mercado’s defense attorney Michael Berg said his client “adamantly denies any involvement” in the case. The attorney plans to enter a not guilty plea on Mercado’s behalf at his arraignment, scheduled for Wednesday.

The suspect was hospitalized over the weekend due to an incident that happened while in custody at the jail, and he was treated under guard at UC San Diego Medical Center Sunday, Berg said.

The case in which Mercado is accused started Dec. 24, 2013, when Flint and Salvatore were found gunned down in a parking lot outside the Macy’s department store in the Mission Valley Mall.

Flint was pronounced dead at the scene, and Salvatore died a few days later from gunshot wounds.

At Monday's press conference, Hastings said Homicide Team 1 -- made up of four detectives, a detective sergeant, a lieutenant and crime scene specialist -- were the first to arrive to the Mission Valley homicides. 

They soon called in missing persons and robbery detectives when they realized Gianni, Salvatore’s brother and Flint’s fiancé, went missing the same day. 

Gianni's body was found on Jan. 17, 2014 in the trunk of a car in Riverside, about an hour and a half north of San Diego County. He had died from a gunshot to the head.

While he said he could not comment on particulars of the case, Hastings spoke in general terms about homicide investigations. 

"With the advancement of forensic science, the advancement of social media and the advancement of investigators' knowledge base, all three of these anchors, along with others, are important elements in solving homicide cases," he said.

He added that any time a firearm is used in a killing, it helps investigators because forensic science has made it simpler to gather clues from guns. 

 

Shooting Investigation Leads Deputies to Marijuana Grow

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A shooting investigation led deputies in Valley Center to find an indoor grow of 289 marijuana plants, 40 pounds of processed marijuana and other drugs, officials said.

The situation started Sunday evening when sheriff’s deputies responded to a report of a man who fired at two pedestrians after accusing them of trespassing, according to a San Diego County Sheriff’s Department news release.

The victims said they were on a nature walk on Kiavo Drive when they were confronted by the suspect, who claimed they had jumped over his fence. As they walked away, they said they heard a gunshot and saw dust and debris flying on the road, according to the news release.

Deputies identified the suspect’s address as in the 27300 block of Kiavo Drive. When deputies made a protective sweep of the residence, they found the indoor marijuana grow: 289 marijuana plants, 40 pounds of processed marijuana, a small hash oil extraction lab, about 5 grams of hash wax, a shotgun and shotgun ammunition.

They arrested 45-year-old Michael Steve Thyberg on suspicion of assault with a deadly weapon, manufacturing and cultivation of marijuana, possession of marijuana for sale, felon in possession of a firearm and criminal threats.

Plumbers Discover Possible Grenade in Barrio Logan

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The San Diego Police Bomb Squad and a HAZMAT crew were called to Barrio Logan Monday to investigate a possible grenade.

Plumbers doing work on a home in the 3100 block of Boston Avenue discovered what they thought was a grenade underneath the house, according to police.

The discovery was made around 4:15 p.m. By 6 p.m., crews determined that the object was safe and started clearing the scene. Officers took the grenade to dispose of it properly.



Photo Credit: NBC 7 News Chopper

Guilty Verdict in Christian Mingle Rape Case

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The Del Mar man charged with raping two women he met through online dating sites ChristianMingle.com and Match.com has been convicted. 

The jury found former Navy Lieutenant Sean Banks, 38, guilty of rape, rape of an intoxicated woman, two counts of forcible digital penetration and residential burglary with intent to commit rape. It found him not guilty of attempting to dissuade a witness.

He faces 40 years to life in prison when he is sentenced.

Banks' lawyer told NBC 7 Banks he is deeply disappointed in the results of what he called a "he said-she said" case. He plans to meet with his client to see what their options are moving forward, including possible motions for a new trial. 

But prosecutors were pleased that this "very dangerous internet predator" will be placed behind bars. 

"Sean Banks is an expample of why it is very important for women to know who they are going out with," the deputy district attorney said.

State law does not require allegations of rape to be corroborated, according to the defense lawyer, so no DNA evidence was presented to help convict Banks.

During the more than week-long trial in El Cajon, two women – known only as K.K. and R.O. – told the jury Banks had raped them.

K.K. said she met Banks through ChristianMingle.com and invited him to come to her La Mesa apartment for their first meeting on Nov. 21, 2012.

She then detailed how Banks overpowered and sexually assaulted her. The deputy district attorney told NBC 7 the burglary charge stems from Banks dragging K.K. from her living room to her bedroom and raping her. 

R.O. said Banks raped her in 2009 after they met on Match.com.

But in a taped interview with police played for the jury, Banks called K.K. “crazy” and denied forcing the women into doing anything they didn’t want to do.

His defense team argued that Banks stopped his advances and left when the women ordered him out.

Prosecutors say he went by the aliases Rarity, Rylan, Rylan Butterwood and Rylan Harbough on his dating profiles. Banks told police he did that because he is legally changing his name to Rylan.

SF Parking App Makers Threatened With Fines, Lawsuit

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Silicon Valley entrepreneurs who think they can solve San Francisco’s parking woes – and make some cash at the same time – are busy launching new apps that match drivers in need with much-coveted parking spots in the city.

But these tech companies could fold just as quickly as they started – or face possible fines or lawsuits – if they choose to go through with their business plans. 

On Monday, San Francisco City Attorney Dennis Herrera issued a cease-and-desist letter to MonkeyParking, claiming the app is illegal because it attempts to lease public, on-street parking spots.

Herrera also sent a similar letter to Apple, asking the Cupertino-based giant to remove the app from its store. Herrera also vowed to send out two more letters to ParkModo and Sweetch, companies with similar business models that charge consumers money to find empty spaces in parking-starved San Francisco.

Herrera’s letter said the companies will face a $2,500 fine, and a lawsuit, if they don’t stop operations by July 11. And his letter brought up issues of safety, logistics and equity regarding the controversial apps in a city where parking is in short supply.

In an email, MoneyParking CEO Paolo Dobrowolny said he wasn't allowed to say too much because he hadn't yet time to consult with his lawyers. But in general, he said, he believes his company is "providing value to people," where users can "make $10 every time you leave a parking spot" by holding that spot until the next person comes. He said he feels his service should "regulated and not banned."

But, in an interview on Monday, Sweetch founders insisted that they’re not selling public spaces, they’re selling information. And the founders – French students who developed the app while taking an entrepreneurship at UC Berkeley – vigorously defended their business model.

In fact, Sweetch Co-Founder Hamza Ouazzani said his company attorneys told his San Francisco-based team that the app is “perfectly legal.” He explained that Sweetch’s goal mirrors Uber and Lyft, which also attempt to match people through the “sharing economy." Those two companies have been visible players in the ongoing conflict between tech ventures and public entities.

The Sweetch app, which charges users $5 to park, and pays users $4 to sell their spot to someone new, aims to make parking smarter, Ouazzani said, by providing a lower cost option for people who want to decrease the time they spend hunting for a place to park.

Ouazzani said while he’s not worried about Herrera’s threats, his team is now in consultation with attorneys to decide what the next move is for Sweetch.

The next move, at least on the city attorney’s behalf, will be to start fining, or suing, the companies who don’t heed his warnings. Herrera’s office noted, however, that Sweetch’s app, with its set-price model, does not appear to be as egregious as the other two apps, which encourage online bidding wars over parking spots.

City attorney spokesman Matt Dorsey said his office isn't buying the app makers' logic. He said companies that claim to be selling “parking information," as opposed to the spot itself, are giving consumers a line that is “patently false.”

Companies like these are “holding on-street parking hostage,” Dorsey said in a phone interview. He added that San Francisco police code clearly bans the buying and selling of public spots to drivers. “It’s like selling off Muni seats,” he said.

Plus, Dorsey is skeptical that the information the companies are selling is even useful.

 “In the Mission District,” he said, “That information isn’t going to be good for very long.”

Herrera’s office is also arguing that drivers using these apps will make the roads more unsafe.

“Presumably, you’re still on your iPhone while you’re driving,” Dorsey said.

And, on a social justice level, Dorsey said the city attorney is concerned that the apps might "fly in the face of San Francisco values," making parking even more difficult for those without parking app access.

“It’s not fair that people with the ability to pay have a better chance to find parking in San Francisco than you or I might,” he said. “It’s already a city with affordability problems.”



Photo Credit: Courtesy of Sweetch
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