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Albertsons to Pay $3.3 Million for Mishandling Waste

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Albertsons settled on Wednesday for $3.3 million after a lawsuit accused the company of illegal handling, storage and disposal of hazardous waste in its California locations.

An investigation spearheaded by a number of California legal agencies revealed the company had violated the California Hazardous Waste Law, which requires regulated handling of the material from the point where it becomes hazardous.

The suit alleged that Albertsons disposed of hazardous waste in dumpsters or sent it to a third-party organizations unauthorized to handle the unsafe material.

"Businesses have an obligation to be good neighbors, including protecting the health of the public," City Attorney Mike Feuer said in a news release. "This settlement underscores our continuing commitment to clean up our environment."

Examples of the hazardous waste allegedly mishandled by Albertsons include pharmaceuticals, batteries, pool chemicals and aerosol sprays.

Albertsons has admitted no fault or liability in the matter.

Of the total amount paid out by the supermarket chain, $2.7 million will go civil penalties, $300,000 for the cost of the investigation, and $350,000 for supplemental environmental projects to support for the future enforcement of California environmental law.

In addition to the settlement costs, the injunction requires Albertsons to take additional action, including employee training, permanent computerized classification systems for waste, dumpster audits and annual progress reports.

The company released a statement on their website outlining some of the efforts in improving their waste disposal process by instituting training sessions for their employees and audits by environmental organizations.

"Improving our policies, practices and procedures for handling hazardous waste is a matter of corporate responsibility and pride," the statement read. "We believe in leaving this planet better than we found it, and we know that how we handle the waste that our locations can produce can contribute positively toward that goal."

The terms of the settlement apply to all 188 retail stores in California.



Photo Credit: KNSD

SoCal Remains "Hotbed" for Car Thefts Despite Decrease

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While a new report shows a slight decrease in California's car thefts, the numbers aren't enough to break Southern California's streak as being a "hotbed for car thieves."

More than 170,000 vehicles were reported stolen in 2013 with a value totaling about $1 billion, according to the California Highway Patrol. Those numbers reflect a 2 percent decrease from 2012, but show an overall 9 percent increase since 2011.

The Honda Accord ranks as the most frequently stolen car, while Toyota pickups are the top stolen trucks.

Southern California remains a popular place for car thieves, with nearly half of all vehicle thefts happening in Los Angeles, Orange, Riverside, San Bernardino, and San Diego counties, officials said.

LA County accounted for nearly a quarter of SoCal car thefts for the year, CHP officials said. More than 41,000 vehicles were stolen in the county in 2013, an 8 percent drop from 2010.

Better technology combined with more careful car owners and aggressive police work are behind that success, CHP officials said.

“Vehicle theft is a crime of opportunity,” CHP Commissioner Joe Farrow said in a news release. “The last thing anyone should do is make it easier for or enable criminals.”

The CHP recommended car owners park in secure locations, use alarm systems and lock their doors to prevent thefts.

Of the vehicles stolen in 2013, almost 90 percent were recovered, due in part to collaboration among CHP and other law enforcement groups.

This year, all CHP vehicles were using license-plate readers on patrols.

“Officers are actively looking for vehicles that are stolen,” CHP Officer Edgar Figueroa said.

The readers have raised concerns among privacy advocates.

Earlier this year, a San Francisco woman’s civil lawsuit against the city was reinstated by a federal court. The woman sued the city for wrongful detention and excessive force after police detained her when her car was mistakenly identified by license-plate readers as stolen.
 



Photo Credit: NBC 5 News

Fourth Attack Reported in North Park

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A woman walking by herself was knocked to the ground and punched in the face early Tuesday  -- the fourth such assault this month in the North Park neighborhood.

Police said they have no idea whether the case is connected to the startling string of attacks on women in the popular Uptown neighborhood.

The woman was walking in the area of 2700 block of Lincoln Avenue at 1 a.m. when she was knocked to the ground and punched, according to a news release from the San Diego Police Department. She lost consciousness.

She told police that when she regained consciousness, she was fully clothed and the suspect was gone.

Police do not have a suspect description.

News of the latest attack came Wednesday, the day after details of a third attempted sexual assault on June 11 were released. This one involved a man who knocked his victim to the ground but was scared off before he could complete his attack.

Investigators said it happened around 1 a.m. on June 11 in the 3900 block of 33rd Street.

A woman was walking alone in the area when she was attacked from behind by an unknown man who knocked her to the ground and attempted to force himself on her. Police said a vehicle drove down the street at that exact moment, which likely scared off the attacker.

The man was last seen fleeing westbound on University Avenue.

Though there is currently no suspect description in connection with this case, police did release two photos of a person of interest wanted for questioning, which can be seen below or here. The man’s image was captured on surveillance tape in the area right around the time of the attack.

Detectives are working to determine if this assault is related to two other attempted sexual assaults that occurred in North Park on June 17 and June 21. Both of the victims in those cases were also walking alone when they were attacked, police said.

The June 21 case involved a woman walking alone -- also in the 2700 block of Lincoln Avenue -- at around 9:40 p.m.

She told police she was hit from behind by two suspects, who then knocked her to the ground. One suspect tried to pull off her clothes, but she fought back. After yelling for help, the suspect ran off.

In the June 17 incident, a woman was walking in the 3200 block of Meade Avenue at around 11:30 p.m. when she was attacked by two unknown men. She also fought back and the suspects fled.

All four attacks remain under investigation and anyone with information should contact the SDPD Mid-City Division at (619) 516-3000 or Crime Stoppers at (888) 580-8477. SDPD Acting Lt. Mike Holden said he believes the suspect in the June 11 assault may very well be involved in the attacks that soon followed.

The series of attacks have left North Park residents and visitors on edge.

Though the nightlight continues late into the evening in the popular community, police are warning women to avoid walking alone and be on high alert in the area.

Serena Mann and her sister, Frances, frequent North Park almost every night. The news of the three assaults over the past two weeks is unsettling, especially since the sisters tend to stay out late on the weekends.

“It’s pretty scary. I’d like to be safe in a place I hang out a lot,” Serena told NBC 7.

The San Diego Police Department released some statistics showing the rate of sex crimes in the North Park area compared to previous years. Officials said that last year 3.3 percent of sex crimes reported throughout San Diego happened in North Park. This year, that figure is already at 3.8 percent, and it’s only June.



Photo Credit: SDPD

Lesbian: Strip Club Turned Me Away

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A woman is suing the operators of Southern California strip club, claiming she wasn't allowed to enter the premises without a man.

Tamara Yatkin of El Segundo filed the lawsuit on Friday in Los Angeles Superior Court against Paradise Showgirls in Industry, accusing the strip club of discrimination based on sex and sexual orientation. Yatkin is a lesbian.

Yatkin is seeking unspecified damages and an injunction against the club to try to force it to change what she claims are its discriminatory policies.

According to the suit, Yatkin, 54, went to Paradise Showgirls in June 2013 on a recommendation from a longtime customer.

She asked the doorman about the club's cover charge and whether it accepted other clubs' discount passes. The man told her the price and asked if she was alone, and when Yatkin said "yes," she was told she needed to be with a man to enter the club, the suit alleges.

Yatkin "asked the man if he was joking, and he responded, 'it is policy,'" the suit alleges. The man, who told Yatkin he was the manager, said the club had past issues of "women entering the club and causing problems."

Thought Yatkin "reassured the man that she was not a problem, that she was a lesbian who wanted to spend money and have a good time," she was still not allowed in, the suit states.

She then tried to contact the club for two weeks about the policy but club management "could not be bothered."

Yatkin filed discrimination complaints with the California Department of Fair Employment and Housing before suing the club.

The manager of Paradise Showgirls declined to comment for this story.

An attorney for Yatkin could not be reached for comment.



Photo Credit: Getty Images

Man Dies in Sand Tunnel Collapse

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A Virginia man died after a tunnel he was digging on a beach in North Carolina's Outer Banks collapsed Tuesday afternoon.

David Frasier, 49, of Fredericksburg, was digging a tunnel between a pair of six-foot-deep holes at the Cape Hatteras National Seashore when the sand above him collapsed, several news outlets reported.

Friends, family and bystanders pulled Frasier from the sand, but he was unresponsive when emergency crews arrived. He was pronounced dead at the scene.

No deaths resulting from a sand collapse have been reported at the Cape Hatteras National Seashore in at least a decade, a National Park Service spokesperson told the Virginian-Pilot.

Officials say those digging holes in the sand shouldn't dig deeper than their knees, and they should refill the holes at the end of the day.

 

Vigil for SoCal Teen Crash Victims

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A candlelight vigil was planned Wednesday night for two teens who were killed and three of their classmates who were injured when the car they were in was hit by a dump truck off a Southern California freeway.

The vigil was for 16-year-old John Anthony Cabrera Jr., of Phelan, and 18-year-old Nicole Brittney Lyle, of Victorville. They were part of a group of five in a Chrysler PT Cruiser that was struck by the dump truck as the classmates returned from Huntington Beach.

The crash happened Tuesday night when a dump truck rolled down an embankment and crushed their vehicle in the Cajon Pass.

"I just couldn't process what was going on... great hearts, just super happy people," said friend Adam Brown, who paid tribute to his friends at the crash site.

Cabrera just finished his sophomore year. Lyle had just graduated from Serrano High School in the San Bernardino County community of Phelan, friends said.

The construction dump truck was getting off the southbound 15 Freeway when its brakes failed on the off-ramp of the Highway 138 exit at 11:40 p.m., officials said.

The truck crossed the street, hit a PT Cruiser that was traveling west on Highway 138, carried the car down an embankment and landed on top of it. The crushed PT Cruiser came to a stop in the parking lot of a Shell gas station and Subway restaurant.

Firefighters spent around two hours pulling out the critically injured patients, officials said. According to the San Bernardino Fire Department, firefighters used two heavy-lift tow vehicles to stabilize and lift the dump truck off the vehicle. They used the Jaws of Life to free those trapped inside. 

The dump truck was described as "one of those real big ones" filled with wet cement.

The female driver of the truck was uninjured.

NBC4's Jonathan Lloyd contributed to this report.



Photo Credit: Twitter: @krsnaking

World Cup at Work: U.S. Coach Gives Fans an Excuse Note

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If your boss is a soccer fan, you may be in luck.

The U.S. soccer team will face Germany, its toughest World Cup opponent yet, in a highly anticipated match Thursday that's sure to grab a lot of attention on both sides of the Atlantic.

Unfortunately for Americans, the match is set for 12:00 p.m. ET smack dab in the middle of the work day. But not to worry! U.S. coach Jurgen Klinsmann has American fans covered.

Klinsmann put together an absence excuse letter that the U.S. soccer team tweeted Wednesday evening, in a good-natured but improbable effort to help fans get out of work to watch the big match Thursday.

Here's the letter: 



Photo Credit: Getty Images

SDSU Not Handling Sexual Assaults Adequately: Audit

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San Diego State University failed to adequately handle reports of sexual assault, according to a new report from the California State Auditor. Read the full audit here

The state audit found SDSU did not adequately train staff on how to respond to sexual assault complaints. The audit highlighted one case where a faculty adviser failed to report a sexual harassment complaint and the victim was harassed by the same person again.

“If cases aren't being reported as they should be then that is something we should definitely improve on,” SDSU student Jayneil Kamdar said. “Where do you turn to if there's any sort of incident?”

The audit also found SDSU needed to do a better job letting victims know how to report sexual assault and what they can expect from the university. Students say there isn't much information on how to prevent sexual assault on campus and no clear protocol on how to report it.

“I'm not educated on what they would do as to if it would happen, like what they would do to catch them, if they would provide some kind of support, that kind of thing,” student Megan Kelly said.

The report also identified three sexual assault prevention programs targeting sororities and fraternities, but those programs aren't mandatory.

SDSU student Tracy Mange says she hopes to see more training and programs to tackle the problem.

“I think it would help bring it down, and then it'll also give the women here on campus that have been sexually assaulted a chance to come forward and to put this issue more out there because it's something that needs to be solved," she said.

The university reported 31 sexual assaults from 2010 to 2012.

“You see it on the news all the time about all the sexual assaults that happen here on the SDSU campus, all the sexual assaults that happen in the parking structures or parties and stuff like that,” Mange said. “It kind of worries me."

SDSU released the following statement to NBC 7:

We appreciate the opportunity this audit gave us to look at our policies and procedures as they relate to the issues of Title IX, sexual assault and sexual harassment on our campus. San Diego State University is committed to training and educating our students, faculty and staff about these issues, and appropriately managing reported incidents. There is always room for improvement. The audit provides continued opportunities for this, and we will be following those recommendations.

The state also audited UC Berkeley, UCLA and Cal State Chico's sexual assault practices.



Photo Credit: NBC 7 San Diego

Body Found in Ramona Near Missing Man’s Home

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A dead body has been discovered in Ramona, just a half mile away from the home of a missing man, according to sheriff’s officials.

The body was found around 3 p.m. Wednesday in the 18000 block of Chablis Road after neighbors reported smelling a foul odor.

Officials have not identified the body as Carl Salayer, 67, who has been missing for a week and a half.

Salayer was last seen June 16 at his home in the 17000 block of Handlebar Road. This prompted an expansive search for the man, who suffers from Parkinson’s disease and dementia.

Sheriff's officials said there were no signs of foul play.

Salayer's nephew said if it is his uncle, it would bring the family peace.

"I love my uncle. If it is his body it would bring needed closure to family," he said.
 



Photo Credit: NBC 7

2 Hurt in San Marcos Shooting

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Two people were shot in San Marcos on Wednesday evening, sheriff’s deputies said.

The victims were taken to Palomar Hospital after the shooting at Pico Avenue and West Mission Road just before 6:30 p.m. Between four and six shots were fired.

Deputies were at the hospital interviewing witnesses.

The extent of the victims’ injuries was not known. No arrests had been made.

Fighting the High Cost of Cable

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A decision by the U.S. Supreme Court over who has the rights to over-the-air broadcast channels has also driven debate over the high cost of cable and satellite service.

"At the heart of the issue is people are frustrated by the price of cable," said San Diego State marketing professor George Belch. 

The Court ruled that Aereo, an internet company, cannot re-broadcast over-the-air TV to its internet customers. Aereo wasn't paying for those re-transmissions so the networks and cable companies sued to make Aereo stop. The Supreme Court agreed and told the company to stop selling broadcast of live TV.

But some say the problem isn't as much about one company selling network programming as it is about customers tired of paying the high price of cable and satellite.

"At the root of the issue going forward is the high cost of cable," said George Belch. "And that's going to continue to be a battle between consumers and cable companies and other rival technologies."



Photo Credit: Getty Images/Flickr RF

Details for Gwynn Memorial at Petco Park

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Padres fans will be able to get a bit of closure in the tragic death of legendary player Tony Gwynn on Thursday.

The team will hold a free public memorial for the Hall of Famer at Petco Park that will include special guests from throughout his lifetime. More than 25,000 fans are expected to attend.

Here’s what you need to know if you’re heading down to Petco on Thursday night:

More: 'Mr. Padre' Tony Gwynn remembered

 

Gates open at 5:30 p.m. with the ceremony starting at 7:19.

Fans can enter through the Home Plate or Park Boulevard gates, as well as the Gaslamp Gate on 7th Avenue and East Village gate on 10th Avenue.

Free parking will be provided at three locations: The two surface lots along Imperial Avenue (Parcel C lot and Tailgate lot) on the southeast side of Petco Park, and the Padres Parkade garage (10th Ave at J St).

Additional downtown garages will offer paid parking.

Photos: Padres season in images

MTS is offering extra trolley service to Petco. The Green Line -- which travels from Santee to the ballpark area -- will have extra trains running beginning at 5:38 p.m. as well as additional trains when the event ends. There are multiple free park and ride locations along the Green Line, including 5,000 free parking spots at Qualcomm Stadium.

NCTD Coaster southbound trains will leave Oceanside at 5:04pm and 5:40pm.  Coaster trains serve all North County coastal areas, including Oceanside, Carlsbad, Encinitas, Solana Beach and Sorrento Valley.  RegionPlus fares include free transfer to the Trolley at Santa Fe Depot.
Coaster will offer northbound return trains at departing at 9:05pm and 10:00pm.

Bus routes 11, 901 and 929 stop right at Petco. The Blue and Orange trolley lines, as well as bus routes 3, 4, 16, 25 and Rapid 235, stop in the downtown area within walking distance of the park.

Video: Four-story banner unveiled to honor Gwynn

There is no word as to who all will be in attendance, but a private ceremony over the weekend included Hall of Famers Rod Carew, Cal Ripken, Ozzie Smith, Barbara Robinson, wife of Frank Robinson, and Dave Winfield.

Last week, San Diegans wore Padres gear to work and around town in honor of the man affectionately known as "Mr. Padre."

Another Elephant Bar Closes as Co. Shutters Locations

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The Elephant Bar in Rancho Bernardo was among 16 locations recently closed by the Costa Mesa-based restaurant chain, as part of a Chapter 11 bankruptcy filing by its parent firm, S.B. Restaurant Co.

The company has 29 locations still in operation in seven states, including one in San Marcos.

“The company reluctantly closed 16 locations this month, and believes these actions will allow it to get back to focusing on operations and enhancing the concept to establish a stronger foundation for the future,” President and CEO Robert Holden said in a statement.

The full-service restaurant chain was founded in 1980 and serves items including burgers, salads and Asian-style chicken and seafood items.

The 7,720-square-foot Rancho Bernardo building, at 17051 Rancho Bernardo Road off Interstate 15, is being marketed for lease by Nick Zech and Don Zech of CDC Commercial Inc., according to the commercial brokerage company.
 

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: Google Map

Lincecum Throws SD No-Hitter Again

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He's done it again. For the second time in less than a year, Tim Lincecum has pitched a no-hitter against the weak-hitting San Diego Padres.

Lincecum (6-5) allowed just one base runner: a second-inning walk of Chase Headley. He struck out six on 113 total pitches, using a big-breaking curve to set up his fastball. He also added two hits at the plate and scored two runs.

The Giants won the game 4-0.

Lincecum threw his other career no-hitter last July, also against the Padres. In last year's no-hitter, he walked four and struck out 13 on 148 pitches.

The 30-year-old right-hander became just the second pitcher in major league history to twice no-hit the same team. Addie Joss did it for Cleveland against the Chicago White Sox in 1908 and again in 1910.

The Padres, incidentally, are the only franchise in the big leagues that has never pitched a no-hitter.

Lincecum made quick work of the San Diego hitters in the late innings.

He drew a standing ovation when he batted in the eighth, then struck out pinch-hitter Chris Denorfia in the ninth. Pinch-hitter Yasmani Grandal followed with a tapper back to Lincecum, who tossed to first for the out.

Will Venable was up next, and Lincecum retired him on an easy grounder to second base. Lincecum took a few steps toward first when the ball was hit, stopped to watch the play and clapped his hand into his glove when it was over.

Lincecum threw the 16th no-hitter in Giants' team history. Just one other pitcher has thrown two -- Christy Mathewson for the New York Giants more than 100 years ago.

This was the third no-hitter in Major League Baseball this season. Josh Beckett and Clayton Kershaw of the Dodgers threw the others.

San Francisco Giants no-hitters through history: 

  • June 25, 2014, Tim Lincecum vs. San Diego, 4-0
  • July 13, 2013, Tim Lincecum at San Diego, 9-0
  • June 13, 2012, Matt Cain vs. Houston, 10-0 (perfect game)
  • July 10, 2009, Jonathan Sanchez vs. San Diego, 8-0
  • Sept. 29, 1976, John Montefusco at Atlanta, 9-0
  • Aug. 24, 1975 (2nd game), Ed Halicki vs. New York Mets, 6-0
  • Sept. 17, 1968, Gaylord Perry vs. St. Louis, 1-0
  • June 15, 1963, Juan Marichal vs. Houston, 1-0

New York Giants no-hitters:

  • May 8, 1929, Carl Hubbell vs. Pittsburgh, 11-0
  • May 7, 1922, Jesse Barnes vs. Philadelphia, 6-0
  • April 15, 1915, Richard Marquard vs. Brooklyn, 2-0
  • Sept. 6, 1912, Jeff Tesreau at Philadelphia, 3-0
  • July 4, 1908, Hooks Wiltse vs. Philadelphia, 1-0, 10 innings
  • June 13, 1905, Christy Mathewson at Chicago Cubs, 1-0
  • July 15, 1901, Christy Mathewson at St. Louis, 5-0
  • July 31, 1891, Amos Rusie vs. Brooklyn, 6-0

Lincecum joined Justin Verlander, Mark Buehrle and Homer Bailey as active pitchers with two no-hitters. Nolan Ryan holds the all-time record with seven.

No longer the shaggy-haired ace of the Giants, Lincecum sported a mustache while thrilling 41,500 fans at AT&T Park. He lowered his ERA to 4.42 and put together quite a complete game -- he went 2 for 3 with a walk and scored twice.

Lincecum starred for the Giants in 2010, going 16-10 as they won their first World Series crown since moving to San Francisco in 1958. He hasn't finished with a winning record since then, and was relegated to the bullpen when the Giants won another championship in 2012.

Praise for the Giants' pitcher poured in Wednesday afternoon on social media, including from San Francisco Mayor Ed Lee, who wrote on Twitter, "Congratulations @timlincecum on your 2nd career no-hitter! Go #SFGiants!!!"

 

The Associated Press contributed to this report.



Photo Credit: Getty Images

Hillary Clinton: We Can’t Afford to Lose Biotechs

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The United States could start losing biotechnology companies if the system doesn’t change, former Secretary of State Hillary Rodham Clinton said.

The former First Lady made the remarks during the keynote presentation Tuesday at the 2014 BIO International Convention in San Diego.

“I don’t want to see biotech companies or pharma companies moving out of our country simply because of some perceived tax disadvantage and potential tax advantage somewhere else,” she said.

One major concern of the U.S. biotech industry is risk on investment. Clinton used the example of a biomedical company that doesn’t get through clinical trials or doesn’t get approval from the Food and Drug Administration.

“You’ve got sunk costs, which could mean the end of your business, but you still have expertise that might be useful,” she said.

Clinton said she would support forming a national committee of science leaders and regulators to create a kind of “insurance policy” to reduce this risk. She also encouraged the states to take the lead on this issue.

“If Washington is not welcoming to this kind of effort, maybe it could be put together by the states that are the leaders in hosting biotech companies,” she said, citing California funding stem cell research when the federal government would not.

“States have a role to play, but we need a national framework,” she added.

As Clinton spoke, opponents rallied outside the convention center. Some protested Clinton’s handling of the Benghazi attack that killed four men, including three with San Diego ties. Others protested GMOs – genetically-modified organisms – produced by the biotech agriculture industry.

“I stand in favor of using seeds and products that have a proven track record, you say, and are scientifically provable to continue to try to make the case to those who are skeptical,” Clinton said when asked about her stance on GMOs.

She said she promoted drought-resistant seeds while combating food insecurity in Africa, which “by definition, they have been engineered to be drought-resistant.”

The former New York senator stayed tight-lipped on any presidential ambitions.

“We have time for one more question. What could that be? What could that be,” the moderator Jim Greenwood asked at the end of the presentation, as the audience laughed. Clinton just smiled.



Photo Credit: NBC 7

SD Man's Case at Heart of Supreme Court Ruling

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A San Diego man is at the heart of the U.S. Supreme Court’s landmark ruling that police can’t seize people’s smartphones without a warrant.

David Leon Riley was pulled over in San Diego in 2009 and his pockets were searched. Police going through his cellphone found references to a street gang. Based in part on photos and videos they found, they charged Riley in connection with a shooting.

He was later convicted of attempted murder and sentenced to 15 years in prison.

Now, following the Supreme Court’s decision Wednesday, his conviction might have been reconsidered. In the unanimous decision, the highest court ruled that police cannot look through your call records, contacts, emails, texts or photos without obtaining a judge-issued search warrant.

How it stands now, police can search anything on a person when they make an arrest. In the decision, the justices determined that smartphones can contain such vast private information, they are different than other things we carry.

A legal analyst said without the critical evidence in the Riley case, it’s possible the charges wouldn’t have stuck.

“Without that evidence, there’s at least a possibility that the man wouldn’t have been convicted at all,” legal analyst Dan Eaton said. “So yes, this landmark decision very much has its roots in San Diego.”

Riley's attorney, Pat Ford, said upon hearing the news he called the prison Wednesday morning to tell his client about the ruling.

"We asked the litigation coordinator to slip a note in front of him that said 'We won,' so he's on Cloud 9 for sure," Ford said.

Now, Riley's case will go to the California Court of Appeals and could be tried again.

Meanwhile, the San Diego Police Department is sending an order to send to all department personnel about the requirements for searching cell phones based on the Supreme Court decision. 

Triple Homicide Suspect Could Face Death Penalty: DA

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The man accused of killing three San Diegans -- shooting two of his victims in mall parking lot on Christmas Eve and leaving his third victim dead in the trunk of his own car -- could face the death penalty or life in prison, according to prosecutors.

Carlo Mercado, 29, is suspected in the mysterious slayings of Ilona Flint, 22, Salvatore Belvedere, 22, and Gianni Belvedere, 24.

He was arraigned on three first-degree murder charges at the San Diego County Courthouse Wednesday and entered a not guilty plea. In court, he appeared disheveled and despondent, keeping his head hung low. He only uttered a few words when prompted by a judge.

The San Diego District Attorney’s Office filed a three-page complaint Wednesday morning formally charging Mercado with the three murders.

The complaint states that Mercado killed Flint and Salvatore “on or about Dec. 24, 2013,” and killed Gianni “on or about and between Dec. 23, 2013, and Jan. 17, 2014.” Those dates mean Gianni could have been killed before Ilona and Sal, but at this point, that remains unknown.

Each murder charge against Mercado also includes a special allegation for the use of a handgun in the murders, according to the document.

Each count carries a sentence to 25 years to life in state prison. The complaint also indicates that Mercado is eligible for the death penalty in this case if he is convicted of more than one murder. The district attorney will decide before trial whether or not to seek the death penalty or life in prison.

If Mercado is then convicted of more than one murder, the jury will decide whether he gets life in prison or the death penalty.

Deputy District Attorney Brian Erickson said that because there are three victims in this case, it has reached capital status. As a result, Mercado waived his right to argue bail.

The San Diego Police Department said Mercado was arrested on June 20 in the 8700 block of Westmore Street in connection with the triple homicide case that had remained unsolved since Christmas Eve 2013.

In the early hours of Dec. 24, 2013, Flint and Salvatore were gunned down in a parking lot outside a Macy’s department store at Westfield Mission Valley Mall. Flint was shot in the head, but somehow managed to call 911 and report the shooting. She died at the scene.

Salvatore died a few days later from injuries sustained in the shooting.

Gianni – Salvatore’s brother and Flint’s longtime boyfriend-turned-fiancé – went missing immediately following the shooting of his loved ones. The San Diego Police Department launched a missing person search for Gianni over the next several weeks.

Finally, on Jan. 17, 2014, Gianni's body was discovered in the trunk of his car in Riverside, Calif., about an hour-and-a-half north of San Diego County. He, too, had been fatally shot, also deemed the victim of a homicide.

Until Mercado’s arrest over the weekend, a suspect had not been caught in connection with the killings.

At a news briefing on Monday, SDPD Homicide Lt. Mike Hastings said Mercado’s arrest came after investigators and forensic lab personnel developed substantial probable cause to suspect Mercado in the slayings.

Hastings said a dedicated team of homicide investigators had worked tirelessly over the last six months to track down the killer in this case. SDPD Chief Shelley Zimmerman said she hoped Mercado’s arrest would begin to bring some sense of closure to the families of the victims.

Earlier this week, the defendant’s attorney, Michael Berg, told NBC 7 that his client “adamantly denies any involvement” in the case.

Berg also confirmed Mercado was previously arrested earlier this year on four gun-related charges. Public records show Mercado had pleaded guilty, with his sentencing for those charges scheduled for July 9.

Following his arrest for the triple homicide case, Mercado was hospitalized due to an unspecified incident that happened while in custody at San Diego Central Jail. He was treated under guard at UC San Diego Medical Center on Sunday.

As of Tuesday night Jan Caldwell of the San Diego County Sheriff’s Department confirmed that Mercado had been relocated from the hospital and was back at San Diego Central Jail, awaiting his arraignment.

Though Mercado is under arrest, many questions remain unanswered in this case.

Investigators have not commented on a possible motive for the killings. Erickson said some of those details would be revealed at a later time, during a preliminary hearing.

Hastings said that because the case has now been turned over to the San Diego District Attorney’s Office, the police department can no longer comment on the investigation.

Erickson said prosecution on this case will be a lengthy process and prosecutors have braced the families of the victims for this.

For his part, Berg said his client maintains his innocence.

“He’s very dismayed, to say the very least, and extremely depressed about his circumstances of being in custody,” Berg told reporters following Mercado's arraignment.

“Right now we have a gentleman that’s been charged in a triple homicide but at this point in time we don’t know any of the facts and circumstances of this case. There’s been no motive that’s been alleged, there’s nothing that’s come out that’s tied him to these homicides,” he added.

Mercado is due back in court for a status hearing on July 10.

Supreme Anniversary: Gay Couples Mark 1 Year Married

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Gay couples throughout California are preparing to celebrate an historic first wedding anniversary, one year after a Supreme Court ruling cleared the way for them wed in their home state.

Couples statewide who had been waiting for years rushed to their county clerks' offices to get marriage licenses just after the June 26, 2013, ruling, which led to the demise of Proposition 8's same-sex marriage ban and the federal Defense of Marriage Act.

Six of those couples who spoke with NBC last year have reflected anew on what marriage has meant for them in the year since, how their lives have changed and what they hope lies ahead.

Here are their stories.

Sandy Stier and Kris Perry, Berkeley

Sandy Stier is thankful she no longer has to sound like a 20-something in college, introducing her partner of 15 years as her "lover" or "roommate." The Berkeley 51-year-old now introduces Kris Perry, 49, as her wife.

The two married in a hard-won and very public ceremony at San Francisco City Hall last year, just after the Supreme Court overturned California's gay marriage ban a year ago Thursday. Stier and Perry were plaintiffs in the suit that ultimately brought down Prop 8.

One year after their wedding, Stier is still working as director of information systems for the Alameda County Health Care Services agency in Oakland. Perry has a new job, directing early childhood education advocacy group the First Five Years Fund in Washington, D.C., where the couple now share a second home.

And of their four children, their youngest children two — 19-year-old twin boys — have graduated from Albany High School are now off at college, at George Washington University and the University of California at Santa Cruz.

"We're newlyweds and empty-nesters," Stier said. "It's good but bittersweet. We really miss the kids' energy, crazy music and funny friends around the table."

For Stier and Perry, their Supreme Court triumph didn't just vindicate their love to millions.

It also simplified their daily lives, which suddenly were no longer dominated by their battle over a law that had become for so many a symbol of the equality they had yet to achieve.

"A lot of anxiety is gone," Stier said. "We feel more legitimate in society. We feel more settled. Our relationship feels more permanent. We are relieved that in California, discrimination based on sexual orientation isn't OK. And that’s a really big deal."

And now, when their friends' kids get engaged, they simply tell Stier and Perry without any hang-ups. "They don’t have to tell us and look at us in that guilty way," Stier said.

The couple's finances are simpler, too — even if their taxes have risen now that they file jointly. ("It's worth it," Stier said.)

Their marriage has also imbued their discussions with some new, deeper understanding. "The issues we deal with are the same," Stier says, "but we feel a little calmer — like no matter what, this is the real deal."

Paul Katami and Jeff Zarrillo, Burbank

Paul Katami and Jeff Zarrillo had been together for eight years when they became faces of the fight against Prop 8, along with Stier and Perry.

This past year marked the first since 2010 that they no longer had to devote the time, effort and emotion to battling California's same-sex marriage ban as plaintiffs in the suit that wound up before the Supreme Court.

"Saying 'I do' changes everything, but it changes nothing as well," said Katami. "No one was harmed when we said 'I do' -- our lives benefited from it. Waiting that long for that moment, and you think to yourself will this really change? Will getting married change anything in my life?

"I think for us this last year has been amazing and deepened our relationship and deepened our love. It has benefitted our lives in so many different ways."

To celebrate their first year of marriage, they will join friends, family, members of their legal team -- including attorneys David Boies and Ted Olson -- and others Saturday at a wedding celebration in Beverly Hills. Zarrillo and Katami both moved to Southern California from different parts of the country, so the event is their first opportunity to celebrate with "lots of cake and lots of champagne" with family members present.

"We are going to celebrate how normal falling in love and getting married is," said Zarrillo.

A blow-out party was one of the stipulations attached to the couple's decision to get married as soon as possible after the court's June 26 announcement, just part of a whirlwind week.

Last year, after waiting for two days in Washington, D.C., for the ruling, a smiling Zarrillo and Katami celebrated the decision hand in hand on the steps in front of the Supreme Court building before flying back to Southern California.

"When we walked down the Supreme Court steps last year, it was kind of an out-of-body experience, but Jeff and I had a moment where I said stop and just take this in for a moment because we are living this right now," said Katami.

They were married two days later in a ceremony broadcast live on television with the mayor at Los Angeles City Hall.

Their experience as plaintiffs in the case, like that of Stier and Perry, is featured in the newly released HBO documentary "The Case Against 8."

According to the American Foundation for Equal Rights, since the June 2013 decision, all 11 federal opinions that struck down same-sex marriage bans have cited the decision in Perry v. Hollingsworth -- the case in which Katami, Zarrillo and a Bay Area couple were plaintiffs. But both said there is still work to be done.

"As long as there is one person in America that does not have full federal equality, we have a lot of work to do," Zarrillo said. "Fortunately, because of what has gone on in the last year we have a little  bit of a platform, so we are trying to use our voices for good."

Jake and Rico Navarrete-Villalba, Gilroy

For Jake and Rico Navarrete-Villalba, who had already held their own private wedding ceremony long before the state of California got around to recognizing it, an official wedding just corroborated for the rest of the world what they already knew.

Jake, 50, and Rico, 45, met five years ago while Rico was battling cancer. On August 18, 2012, they professed their commitment to each other in a wedding ceremony at home before 200 loved ones — including their four kids and five grandchildren.

But it was after Santa Clara County Supervisor Ken Yeager, a friend of Jake's, officially married them on July 1, 2013, that they began to feel the practical effects of marriage.

Filing their taxes was easier. So was receiving veterans' health benefits. So would it be for Jake to take time off work to care for Jake's health. And they now weren't just business partners co-owning Salon NV of Willow Glen, but a married couple.

“No one can dispute it," Rico said. "We're taken a little more seriously."

The Navarrete-Villalbas know the Supreme Court's ruling, and the door it opened for them to wed, didn't erase the hurdles gay Californians face in their struggle for equality — but it did serve as a reminder of what they can achieve, and emboldened them to speak up for it.

Rico recounted a difficult confrontation with a hotel manager on a visit to Myrtle Beach, South Carolina, this past year.

"The hotel manager made the comment, 'Why do you need a king-sized bed?' I told her, 'We're married. The federal government recognizes it,'" he recalled.

To Rico, that encounter was telling — not just of the challenges that remain, but of the need to speak up for equality, to teach it to younger generations and to encourage not just the acceptance but the embrace of couples like him and Jake.

But for all the resistance, Rico says, he believes the fact of his marriage has forced plenty of Americans to confront truths they otherwise might not have.

"When people hear that you have a legal marriage, they look at it differently," he explained. "They may not believe in it, but they look at it differently."

For now, Jake and Rico are preparing to celebrate their multiple wedding anniversaries. At least, Rico hopes Jake won't pick just one. "He needs to do multiple, because I like gifts!” he said with a laugh.

They'll soon travel to Mexico, along with Jake's mother, to celebrate one of those anniversaries and to remind themselves of what their newly official marriage means for them, and what was there all along.

"I look at my marriage with Jake, and I think of when I was a 12-year-old boy, looking at my grandmother and saying, 'Is anyone ever going to love me?'" Rico said. "I'm now with that one person. You don't have to prove it to me: He loves me for me. It's the type of love that lasts for a lifetime."

Annie and Sylvia Parkhurst, Long Beach
 
Annie Parkhurst and Sylvia Rodemeyer had been to the same Long Beach coffee shop for three consecutive days in June 2013 to watch television and wait for the Supreme Court's ruling on Prop 8.

When the decision was announced, three years after Parkhurst had proposed to Rodemeyer at an anti-Prop 8 rally in Long Beach, the couple finally felt what they described one year later as "overwhelming happiness."
 
"It was really wild, because it felt like it was such an easy thing," said Annie Parkhurst. "There was so much hard work, and then those simple words from the court. It was overwhelming, overwhelming happiness."
 
But instead of immediately rushing to a courthouse for the necessary paperwork, they waited three more months for a date that was already significant in their lives: Sept. 30. It was on that day two years earlier that they had first celebrated with friends at a private wedding ceremony.

The three-month wait may have been a good thing — because despite having wed once before, they soon realized they had no idea what they were doing.

"We were so shocked, we didn't know what to do! We had no idea how to make a wedding legal," Annie said. "We were such dorks. We had to figure out how to do that."
 
Their second ceremony was a simple sunset affair on the same Long Beach bluff where they'd held the previous one, and where Annie had proposed to Sylvia.
 
The same friend officiated, and many of the same friends were there to share in the couple's joy. But this time, the Parkhursts got a marriage certificate from the state of California.

Now, the certificate is framed and hanging on a wall in their Southern California home. Annie says it serves as a reminder to them both of the couples who came before them, including people like Edie Windsor, the plaintiff in the Supreme Court case that brought down the Defense of Marriage Act, who had lost a partner before the ruling came down.
 
"I know it's silly to think piece of paper could mean that much. It was well deserved," Annie said. "It was the end of that five, six years of marching and shouting and making our case, and just being able to hold our hands together."

Jim Illig and Larry Dotz, San Francisco

Jim Illig started hearing from a lot of people from his past after he and Larry Dotz, his partner of 26 years, became each other's husbands last year at San Francisco City Hall.

Their marriage in the wake of the Prop. 8 ruling was televised, and his face was everywhere.

It was a face thousands of people may have recognized. Over the years, he had met at least 10,000 people – many of them straight couples he had officially wed as a volunteer deputy marriage commissioner.

One man who tracked him down wrote to him that his wife had been "appalled" when she had seen on television that he had married a man. But the man had convinced his wife that marriage between two men was just as “OK” as marriage between a man and a woman, and eventually his wife had come around, Illig said.

"It had a positive outcome," Illig said.

The year after their very public wedding has “been great” for Illig, a community benefit manager for Kaiser Permanente, and Dotz, a product development and sourcing manager for Levi Strauss & Co.

The two are now filing joint taxes and were hit with at least a $1,000 marriage penalty, which Illig said he was happy to pay, as it was emblematic of something worth far more. “I'm glad we have the right to be recognized,” he said.

For their anniversary, the couple plans to have dinner at their favorite restaurant: Commonwealth, on Mission Street in San Francisco.


Alana Forrest and Melissa Myers, San Jose

The power of semantics, symbols and small daily pleasures may be what have struck Alana Forrest, 52, and Melissa Myers, 46, most about their entry into married life almost one year ago.

The couple married in San Jose on July 1 last year, the first day the city opened its doors to gay couples seeking marriage licenses, after almost a decade together.

"Just being able to use the term 'wife' without quotes really does make a difference," said Myers, the vice president of operations for a consulting company. "Before, people would ask, 'Really? Is she really your wife?' Now, it's not a question."

Forrest, a retired police captain who is now director of security for Pixar, shares that joy in the power of the words "wife" and "marriage," and has developed a newfound love of paperwork.

"I now check all the boxes on any freakin' form, like at the doctor’s office or whatever," Forrest said, "that say we're married."

For a couple who have spent a decade together, one year being married has changed little else, they say — except, Forrest says, for the way she now just feels "complete."

But even as their relationship has remained steady, they've seen the attitudes and words of other people shift in the last year.

"People I know will say, 'Right on!'" Myers said, after she introduces Forrest as her wife.

Forrest thinks the Supreme Court's ruling has affected her straight friends’ marriages, too, giving them reason to think more seriously about their own.

"Some of them have told me that they're stepping up their game because they saw how hard we fought to have our marriage," Forrest said.


 



Photo Credit: NBC Bay Area

Man Shoots Woodchuck: Police

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An elderly man accused of shooting and killing a woodchuck in his garage on Black Rock Turnpike in Fairfield, Connecticut, then pointing a gun at one of his tenants, is banned from his home until the tenants move, according to police.

When police arrived at 3840 Black Rock Turnpike/Route 58, they found a man, identified as William Hanford, 77, was wielding a gun, police said.

Authorities said he had pointed the gun at his tenant, who rents a separate apartment in the home, and threatened to shoot the tenant's cat.

Hanford said he wanted to shoot himself, and he refused to cooperate with officers who asked him to put the gun down, according to police.

Officers tackled Hanford and took him to the hospital for observation. Police said he was arrested and will be charged with several counts.

At the scene, police found the .22-caliber rifle and the dead woodchuck in the garage, which faces a heavily traveled street. A bullet casing was also on the ground near the animal's body.

Hanford lives by himself, but rents out a separate apartment in the house to a couple, police said.

Police said on Wednesday that they were waiting to obtain a search warrant so they could enter the home and remove any additional weapons that might be inside.

Hanford posted a $25,000 bond, police said. A protective order was issued, banning him from his home until his tenants move out in two days, police said.



Photo Credit: News 12 Connecticut and Fairfield Police

Former Cop Arrested Over Deaths

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A former West Allis, Wisc., police officer was arrested Wednesday in connection with the deaths of two women whose remains were found in suitcases near a road in the Town of Geneva.

Steven M. Zelich, 52, who retired from the force in 2001, is in custody, according to police chief Steven Hurley said.

A highway worker discovered two suitcases June 5 as he mowed the grass in the southeast Wisconsin town. Hurley said police found one body in each case.

Felicia Sopa, who lives across the hall from Zelich, told Milwaukee NBC affiliate WTMJ that he mainly kept to himself.

"He leaves in the morning, I don't think he drives a car because he leaves from the front door," Sopa said. "I don't really know when he comes home."

Police on Wednesday also identified one of the two victims as Laura Simonson, 37, from Farmington, Minnesota. Hurley said Simonson was reported missing by her mother on Nov. 22, 2013.

"The West Allis Police Department is assisting in the investigation and the Chief would like to assure the citizens of West Allis that there is no danger," Hurley said.

Hurley is asking for the public's help to identify the second victim, described as a possibly Caucasian woman, between the ages of 15 and 35, standing 5-foot-2 to 5-foot-4 and weighing 120 to 140 pounds.

She has long straight, dark brown or black hair, police said, as well as a pronounced overbite and crooked lower teeth. She also has two piercings in each ear and a quarter-sized heart tattoo on her lower left abdomen/pelvic area.

Anyone with information about the incident or identification of the second woman is asked to contact the Town of Geneva Police Department at 262-248-9926.

Anonymous tips can be emailed here or texted to “CRIMES” (274637) with a message starting with tip4wc. A tip also can be reported to the Walworth County Crime Stoppers at 262-723-2677 (COPS)



Photo Credit: Town of Geneva Police
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