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Ship Leaves RIMPAC After Sailor's Arrest

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A Canadian Naval ship is headed home from the world’s largest naval exercise, leaving behind questions as to what exactly led to its withdrawal.

HMCS Whitehorse is no longer participating in this year’s RIMPAC training after a sailor’s misconduct in San Diego led to an arrest.

It was one of three incidents by other Canadian sailors that forced the fleet's vice admiral to return to port from the international naval exercise.

Police have not confirmed if the other incidents happened aboard HMCS Whitehorse or in the City of San Diego.

The vice admiral has called for a review of the ship's policies and procedures.


Once-Conjoined Texas Twins Turn 1

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In their red bow ties and baby blue birthday suits, all eyes were on Owen and Emmett Ezell. On Tuesday, the formerly conjoined twins from Grand Prairie turned one.

"They are miracles," said the twins' mother, Jenni Ezell. "I see God's blessing in them every time I look at them."

The past year has consisted of major surgeries for the boys and a constant battle with their health. It has also been an emotional roller coaster ride for their mom and dad.

"We've cried, we've laughed. It's just been a gamut of emotions and experiences, and it's been worth it," said Jenni Ezell.

The strength of Owen and Emmett has brought their family closer together. Many came in from Arkansas, making a six-hour trip to celebrate their birthday in Grand Prairie. But getting to this point was not certain a year ago.

"We didn't even know if they were going to make it through the operation," said Dr. Tom Renard, with the Medical City Children's Hospital. "You always hope and plan for the best. But you never know. This is real exciting."

Dr. Renard was the twins' lead surgeon at Medical City Children's Hospital, where the boys were separated at the stomach. Still, a year later, Owen and Emmett need close medical attention.

But with the prayers of relatives and even strangers, the family feels able to conquer its many challenges.

"When we're going through the hard times, it's encouraging to hear people that we don't even know saying, 'We're praying for you,'" said Jenni Ezell.



Photo Credit: NBC 5 News

Death Penalty Struck Down in Calif.

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A federal judge on Wednesday declared the death penalty "unconstitutional" in the state of California – the first ruling of its kind in the United States.

U.S. District Court Judge Cormac Carney in Orange County called the system "dysfunctional" and "arbitrary" in his 29-page ruling.

"No rational person can question that the execution of an individual carries with it the solemn obligation of the government to ensure that the punishment is not arbitrarily imposed and that it furthers the interests of society,” he wrote.

California has not executed anyone since 2006, when a U.S. district court judge decided to block the execution of a convicted murderer because of concerns over the administration of lethal injection. Carney’s ruling can be appealed to the U.S. 9th Circuit Court of Appeals.

Spokespersons for both California Attorney General Kamala Harris and the California Department of Corrections said they were "reviewing the ruling."

ACLU of Northern California Associate Director Natasha Minsker, who is not directly involved in the case but following it closely, tweeted as she read the ruling, citing the judge who said the current system is plagued by delay and violates the Eighth Amendment.

It is not immediately clear why Carney's rule was released Wednesday.

In her opinion, Minsker said the judge made this unprecedented ruling at this juncture in time because he felt that "enough was enough."

Death penalty proponent Marc Klass, whose 12-year-old daughter, Polly, was kidnapped and killed in 1993, called Carney's decision "another slap in the face of California's crime victims." His daughter's killer, Richard Allen Davis, was sentenced to death.

Klass said Carney's ruling flies in the face of what the people of California want and that eventually, the death penalty will be back on the ballot.

Carney was appointed to the federal bench in 2003 by Republican President George W. Bush, who supported capital punishment and who earned the nickname of "the Death Penalty Governor" when he was chief executive of the state of Texas.

Carney's ruling stems from the 1995 case of Ernest Dewayne Jones, who sued Kevin Chappell, the warden of the California State Prison at San Quentin. Jones was sentenced to death for the 1992 rape and killing of Julia Miller, 10 months after he was paroled for a previous rape. Jones remains on death row, still awaiting his execution nearly 20 years after his sentence.

"Mr. Jones is not alone," Carney wrote.

Of the 900 people sentenced to death for their crimes since 1978, when the current death penalty system was adopted by California voters, only 13 have been executed so far.

Carney wrote that it will continue to result in an unpredictable period of delay preceding their actual execution.

For the random few for whom execution becomes a reality, Carney said they will go on to languish for so long on death row that "their execution will serve no retributive or deterrent purpose and will be arbitrary."

Carney wrote that when an individual is condemned to death in California, the sentence carries with it the promise that it will actually be carried out. That promise is made to citizens, jurors, victims and their loved ones, and to the hundreds of individuals on death row, he wrote.

However, Carney argues, “for too long now, the promise has been an empty one.”

The delays have resulted in a system in which arbitrary factors, rather than legitimate ones like the nature of the crime or the date of the death sentence, determine whether an individual's execution will be carried out, Carney wrote.

In his closing paragraph, Carney writes that the current system serves no “penological purpose.” 

From 1893 to 2006, there have been a total of 513 executions in California, including 307 by hanging, 196 by lethal gas and 10 by lethal injection.

At the time a federal judge put California's death penalty on hold in 2006, lethal injections were carried out in San Quentin's old gas chamber, which the judge found too cramped, too dark and too old for prison staff to properly administer execution drugs.

Since then, the California Department of Corrections and Rehabilitation has built a new execution chamber on the grounds of San Quentin in Northern California and made a number of changes to its procedures to address the judge's concerns, the Associated Press reported.

A new federal judge has taken over the case and has not ruled on whether those changes are enough to restart executions.

Additionally, the corrections department is drafting a new set of regulations for administering lethal injections. No executions can take place until the new regulations are formally adopted.

NBC Bay Area's Mark Matthews and the Associated Press contributed reporting.



Photo Credit: Getty Images

$1M Reward for Dorner Capture Shrinks Again

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The $1 million reward offered for the capture of a rogue ex-LAPD officer who went on a deadly shooting rampage in a revenge plot last year will not be paid in full as some donors renege on their pledges, according to the Los Angeles Mayor’s office.

Despite statements last year from Los Angeles Police Chief Charlie Beck that the force remained "committed" to paying out the whole reward after Christopher Dorner's death, only about $886,000 will be disbursed, officials said

Some of the donors argued that conditions of the award, namely Dorner's arrest and conviction, were not met due to his self-inflicted death while surrounded by police in the Big Bear cabin where he was hiding.

Funding for the reward was cobbled together through numerous promises from municipalities, law enforcement agencies and private donors. But the reward started shrinking soon after news broke regarding how Dorner died.

The city of Riverside pulled out its $100,000 portion of the reward last year, saying their pledges were contingent upon the capture and conviction of Dorner.

"There was never an intent to authorize a reward knowing it wouldn't be paid," Riverside Councilman Mike Gardner said after the city announced its intention to withdraw.

Many of the donors, including ones who dropped out, chose to remain anonymous, said Vicki Curry, a spokeswoman for the mayor's office. The city of Los Angeles contributed the portion of the fund it promised, she added.

The bulk of the reward was designated to Jim and Karen Reynolds, a couple that was held by Dorner in their Big Bear cabin and alerted police about Dorner’s location.

Two other people -- a tow-truck driver who spotted the fugitive at a Corona gas station, and a ski resort worker who found Dorner’s burned-out truck in Big Bear Lake – also received a portion of the money.

Couple Smuggles Meth With 3 Kids in Car: Feds

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A married couple was arrested in Pine Valley, California, accused of smuggling drugs with three children under the age of 10 in the car.

Federal officials pulled over a 2010 Toyota Venza traveling along Interstate 8 around 6 p.m. on Thursday, July 10.

Inside the car, officials say they found black bag in the center console holding more than two pounds of crystal methamphetamine.

The driver, a 32-year-old Mexican citizen was arrested on drug charges. His wife, who was carrying expired immigration documents, was also arrested on drug charges.

The three children were turned over to the U.S. Department of Health and Human Services.

The drugs were estimated to be worth more than $22,000, officials said.
 



Photo Credit: U.S. Customs and Border Protection

School's Flea Infestation Causes Health Concerns

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Linda Vista Elementary School has helped Estrella Pena learn a lot in her 11 years.

However, the fifth grader is faced with a new challenge - how to deal with her pesky new classmates.

“I do feel them crawling on my body," Pena said.

The Linda Vista Elementary student says she and her other schoolmates are being bitten by schools of fleas.

“My friend that sits next to me has been bitten all over,” said Cynthia Aguillar.

The infestation has obviously become a major distraction for Estrella.

“Take care of the problem,” Estrella urged school officials. “Because it’s really bothering most of the students trying to focus on their work.”

The problem has become so bad according to San Diego Unified School district officials that the auditorium has been locked down after three attempts to exterminate the pests have failed.

A promotion ceremony scheduled in the auditorium for July 21 has been moved to a neighboring school in the interest of health and safety.

“Over the weekend, the school’s custodian tried a non-toxic
treatment... discovered on the Internet of baking soda and salt," the district told parents in a statement. "This treatment was unsuccessful…"

"The district’s Pest Management technician has been called in again.”

Parents and students were angry the school posted warning signs on doors alerting them to the problem instead of sending a letter home.

"It’s very upsetting this issues been going on for a while and no one informed parents," said Estrella’s father Francisco Pena.

Parents and students say this has been at least a month long
problem.

The San Diego Unified School District didn't confirm that or what sparked the problem.

Parents and students say they're happy Montgomery Middle School is welcoming them for next week's graduation celebration.



Photo Credit: NBC 7

Lawyer: Call Girl in Google Exec's Overdose "Wounded Bird"

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The prostitute accused of giving a fatal dose of heroin to a Google executive on his yacht in Santa Cruz pleaded not guilty on Wednesday to felony manslaughter and other drug-related charges, as a 911 call from an overdose of another boyfriend surfaced from Georgia.

Santa Cruz County Superior Court Judge Timothy Volkmann also denied to decrease Alix Tichelman's $1.5-million bail or release her on her own recognizance. Dressed in red, she stood next to her public defender, shackled at the wrists, looking down most of the time. Her next date is set for Oct. 20. She could face a maximum of 15 years in prison if convicted on all counts.

After the brief hearing, her parents and sister held hands tightly and shunned reporters' requests for comment.

Outside court, another one of her defense attorneys, Larry Biggam, told reporters that Tichelman had no reason to kill 51-year-old Google executive Forrest Hayes, who lived in Santa Cruz with his family, considering how much money he paid her for sex. "He was a lucrative client, a generous man," Biggam said. "He encouraged this and it went awry. She had no intent to injure or harm him."

Biggam didn't deny that  Tichelman was a prostitute and he admitted she has been using heroin  since she was a teen.

Then Biggam called Tichelman a "wounded bird" who has been demonized by the media. "She's a sensitive kid with an addiction problem," he said.

Tichelman is facing eight charges in Santa Cruz County – including manslaughter, prostitution, destroying evidence and several related to administering and possessing heroin – in Hayes' overdose death. The father of five, who worked for Google at the time of his death, previously held positions at Sun Microsystems and Apple. He died Nov. 23, 2013 and Tichelman was arrested eight months later on July 4.

Tichelman was taken into custody after being lured back to Santa Cruz County in a prostitution sting. Detectives, posing as potential clients, lured her to an upscale location with a promise of an excess of $1,500. Clark said when she was arrested she had a fully loaded needle with heroin in it.

Santa Cruz police first arrested her in connection with second-degree murder, but prosecutors later officially charged her with manslaughter with great bodily injury.

Investigators said the 26-year-old woman made no effort to help Hayes, whom she met on the "sugar daddy" site called Seekingarrangement.com, and instead gathered her belongings and even gulped a glass of wine before leaving. Hayes’ body was found the next morning by the ship’s captain at the Santa Cruz harbor.

Santa Cruz Deputy Police Chief Steve Clark said there is video of this heroin interaction, but this week declined to release it.

Hayes' death has prompted police in Milton to re-examine the case of 53-year-old Dean Riopelle, the owner of a popular nightclub owner, who died in September 2013 while Tichelman was with him near Atlanta last year. 

The two had a volatile relationship, according to two Milton police reports.

On Sept. 6, 2013, police were called to Riopelle's home, (PDF) where Tichelman ended up being charged with battery and reporting a false crime. Tichelman had been drinking and did some "stage diving" at The Masquerade, the nightclub that Riopelle owned. She was baring her breasts, the police report stated, and Riopelle didn't like her behavior. They fought, and she bit him on the finger, causing a tear, the report stated.

Then, 11 days later, police went a second time to Riopelle's house in Alpharetta, Georgia. This time, because Tichelman had called 911 on Sept. 17, 2013 to report (PDF) that Riopelle had been on a "bender the last few days," drinking heavily and taking Roxycodone before he fell to the ground with a loud "crash," the report states. She then called for help.

The two 911 calls were released by Milton police and were obtained this week by NBC affiliate 11 Alive News in Atlanta.

"He won't respond. And he's just lying on the ground," Tichelman says on the call, adding that his breathing is not normal.

The dispatcher speaks calmly asking pertinent questions.

Tichelman eventually hangs up. The dispatcher immediately calls back and Tichelman tells her she's sure her boyfriend overdosed.

 When the dispatcher asks if the overdose was intentional or accidental, Tichelman answers, "Definitely accidental, accidental."

For a second time, Tichelman hung up the phone. The 911 dispatcher calls back twice and each time the call goes to voicemail. Riopelle was taken to the hospital by ambulance where he later died.

Watch Alix Tichelman's parents and sister leave court in Santa Cruz on July 16, 2014.

NBC Bay Area's Shelby Hansen and  Riya Bhattacharjee contributed to this report.



Photo Credit: NBC Bay Area

Escondido Couple Saving Water, Saving Money

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On Tuesday, a state water board approved sweeping restrictions on water usage for Californians, including a $500 fine for water wasters.

In Escondido, one couple is already shrinking their water bill dramatically in a simple way.

Bill and Vannete Wirant converted to a drought-tolerant landscape that has cut their water usage by 70 percent.

Their cost and water-saving strategy started in 2009, when nearly half of their property was covered with English ivy and cool season turf with plants demanding a lot of water.

That’s when they began researching and decided to take advantage of the San Diego County Water Authority’s rebate program that rewards residents who replace turf grass with drought-tolerant landscaping.

It does require spending money initially to convert to the program, but it’s worth it, the couple said.

“The reality is we live in a desert. We do,” said Bill Wirant. “So we have to act like we live in a desert and plant accordingly.”

The county’s water authority also offers rebates for high-efficiency toilets and washers. Some agencies such as California American Water, which serves the communities around Imperial Beach and Coronado, offer free water-saving devices. They include low-flow shower heads and garden hose nozzles.

On Tuesday evening, members of the California Water Resources Control Board voted in favor of a set of restrictions that haven’t been imposed statewide in more than two decades. The restrictions take effect on Aug. 1.


Trooper Stole From Crash Vic: Cops

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The Connecticut state police trooper accused of stealing jewelry and cash from the body of a motorcyclist who died at the scene of a crash pleaded guilty today to felony charges and will spend more than a year in prison, according to the court.

Aaron Huntsman, who had been with the department for 18 years at the time of the crime, has pleaded guilty to third-degree larceny and tampering with evidence.

He reportedly stole $3,000 in cash and a gold chain from the body of 49-year-old John Scalesse, of Orange, who died on Route 15 in Fairfield in September 2012.

The investigation was launched after family members raised concerns about the missing items and police learned that no jewelry had been logged as evidence. The chain and money were later found in Huntsman’s cruiser, police said at the time.

Huntsman will be sentenced to 16 months in prison followed by five years of probation, according to the court. He’s due back for sentencing Oct. 3.

Information for an attorney for Huntsman was not available Wednesday afternoon.

Huntsman's employment status was not immediately known.



Photo Credit: News 12 Connecticut

Inmate Gripes at Jail Towels, Meals

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A Joliet man awaiting trial on murder charges isn't happy with the conditions at the jail he's staying in.

The Chicago Tribune reported that Adam Landerman, 21, has filed a 15-count complaint asking a judge to fix conditions at the Will County Adult Detention Facility ranging from tiny towels, a lack of variety with the food, poor temperature control, the lack of a barber and high-priced items in the commissary.

Landerman, the son of a Joliet police sergeant, is one of four people accused of luring Terrance Rankins and Eric Glover to a house last year, robbing and strangling them and then playing video games until police arrived.

Landerman's complaint cites jail standards from the Illinois administrative code to argue his case, according to the newspaper.

He also criticizes the jail for not providing breakfast after 6:30 a.m. and for serving lunch too early.

Will County Sheriff’s Deputy Chief Ken Kaupas told the Tribune that inmates are treated fairly and that it's not a hotel.

Alisa R. Massaro, 20; Bethany L. McKee, 20; and Joshua F. Miner, 26, are also charged with of first-degree murder in the case. All four are being held on $10 million bail.

San Vicente Dam Undergoes Historic Expansion

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With all the talk about the drought and conserving water, the historic raising of the San Vicente Dam couldn't come at a better time.

The San Diego County Water Authority dedicated the dam raising in Lakeside on Wednesday. It's been heightened by 117 feet, more than doubling the storage capacity of San Vicente Reservoir.

San Diego Mayor Kevin Faulconer said it's critical to the region's water supply and emergency water supply

“We're in the midst of a severe drought, we're likely to have droughts in the future, steps like this, increasing our capacity here locally, means that the San Diego region is less reliant on other portions of the state or out of town, we control our own,” Faulconer said.

The expansion is considered the single biggest increase in water storage in county history.

The dam raise was started in 2009 and cost more than $400 million.

The Truth Behind Hidden Contracts

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It’s a contract few people read but nearly everyone has agreed to: the contract that often accompanies websites, service upgrades and downloads.

It’s that “Terms of Agreement” that often appears on your phone, tablet or computer screen before you are allowed to progress on the site. The terms are often long, legal and rarely read, yet California Western School of Law professor Nancy Kim said those terms are as binding as a traditional contract.

“If you ever end up in court they will treat that electronic agreement the same as they would a paper contract that you sign with a pen,” Kim explained.

So what you don’t read could hurt you.

Kim said more and more contracts are adding provisions that take away free speech.

“We’re getting our privacy rights diminished,” she added.

Kim said some online contracts block consumers from taking the company to court or participating in class action proceedings, instead requiring binding arbitration. Some sites add a non-disparagement clause that says consumers can’t complain about the company on social media. Some detail expensive return policies, cause consumers to give up rights to online photographs and other hidden agreements.

“People don’t think they are entering a contract when they click accept,” said Kim.

Still, some consumers say they simply don’t have the time or patience to read the contracts, including San Diegans Allen Langdale and Bryan Flores.

“It’s legal stuff that just goes on and on and on,” said Flores. “You get bored about two, three lines into it so you just skip it.”

Kim said some consumer watchdog groups are paying attention but the law hasn’t caught up with the technology.

She is afraid that companies will start adding more and more restrictive clauses in their “Terms of Agreement” knowing that consumers not only don’t understand the contract but don’t even read it.



Photo Credit: NBC 7

Man Made Threats on Plane: Feds

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A passenger who claimed he had a bomb, spat and threatened to kill flight attendants and open an aircraft door on a British Airways flight from London to Los Angeles was arrested by the FBI on suspicion of interfering with a flight crew, according to a federal criminal complaint released Wednesday.

Kevin Lee Mosele, 20, of Hawaii, made an initial appearance in federal court in Los Angeles Tuesday and was freed on $10,000 bond, according to federal authorities. If convicted on the single count, he faces a maximum prison sentence of 20 years in federal prison.

Mosele could not immediately be reached for comment.

The Los Angeles-bound British Airlines flight 283 Monday was two hours out of London when a flight attended contacted the captain and said there was an "abusive and disruptive passenger" that was "swearing and screaming," the 11-page criminal complaint said. The captain, Sean Dewbury, told Mosele he would divert the flight and "drop you off in Iceland" if his behavior continued. A short time later, he was restrained with metal handcuffs and placed in a rear seat.

For the next eight hours, the captain told authorities Mosele was "struggling in restraints, screaming and spitting," the federal complaint alleges. At one point federal authorities said Mosele began to mock the captain by saying, "Ooo, El Capitan, can I pretend to be a stewardess?" and dared him to land the plane saying, "You won't land for just one person."

In all, the captain said he spent 2 hours of the flight dealing with the allegedly unruly man, the complaint said. A flight attendant discovered two small wine bottles and two small whisky bottles in Mosele's seating area that were not sold on the flight. They believed he brought the liquor on the flight.

Mosele allegedly said, "I am going to set off a bomb" and "I am going to open this door," and told a flight attendant, "I am going to [expletive] kill you" as many as seven times. He also allegedly "spit in the face of a male flight attendant."

According to the complaint, Mosele told an FBI agent that he drank a couple of beers and a couple of wine beverages as well as purchasing a small bottle of white wine during a nine-hour layover at Heathrow International Airport. He also stated he didn't know if they would serve him alcohol because of his age. He joked with the flight attendants for about an hour-and-a-half, but a male flight attendant said he was "getting too aggressive" and admitted he might have scared the female flight attendants by walking around the rear galley area. He said that he became agitated after being restrained and just went "crazy," the complaint said. He also allegedly apologized to the agent.

Marijuana Edibles, Hash Oil Ban Considered

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A San Diego City Council committee is considering banning edible marijuana products like cookies and brownies as well as the by-products of the plant such as hash oil.

City Councilmember Marti Emerald wants to ban edibles and hashish oils from being sold out of medical marijuana dispensaries.

She told NBC 7 she’s concerned about the safety of hash oil and food products such as brownies and lollipops.

Until there is government oversight, Emerald said, the products should be pulled off dispensary shelves.

“I think we need to have a safety net for consumers,” Emerald said. “Especially the sick, vulnerable patients who go to these stores, who look for something to relieve symptoms.”

“Here we have a growing industry that is making a considerable profit off food products and various by products of marijuana, and no government entity is watching,” she added.

Emerald is concerned that marijuana brownies and cookies could cause salmonella poisoning, just for starters. She also worries that not enough is known about what is in the hash oil.

However, medical marijuana advocates argue that the edibles and hash oil are the very alternatives used by the sickest of patients who can't or don’t want to smoke it.

Medicinal marijuana advocate Cynara Velazquez believes an outright ban is not the answer.

“In the meantime who suffers?” Velazquez asked. “People with MS, children whose epilepsy is being controlled by this. I don’t think banning is the right thing to do for something that cannot cause death by overdose.”

Advocates said they are offering a version of regulations that local leaders can consider adopting until the state issues its own regulations. The issue was discussed Wednesday at a meeting of the Public Safety and Livable Neighborhoods Committee.

“Who is going to be hurt by this ban are the patients who don't smoke, who are really sick and don't use it as a recreational drug,” said one speaker at the meeting.

Meanwhile, another speaker agreed with Emerald, saying we would all be shocked if we saw how filthy some of the “pot shops” are

The ban did not make it out of committee, but an ordinance on medical marijuana dealing with permits and business taxes will go before the full San Diego City Council in November.

A spokesperson for Emerald said she could bring up the ban again at that time, if the state of California does not do something to address the lack of regulations before then.

Near-Crash With Drone Rattles Pilot

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Helicopter pilot Paul Barth and his camera operator saw a brightly colored object in the South Florida sky with them just before sunrise.

"I didn’t know what it was when I first saw it," Barth said.

They saw the object while they were airborne to document the Wings for Life World Run charity race in May. Barth told NBC 6 he was worried the flying object would hit them.

“We were on a collision course," Barth said. “It was some kind of a drone, and it was approaching us at a high rate of speed.”

Down below were the athletes and support staff participating in the run to raise money for those with spinal cord injuries.

“It came right at us and went right underneath us," Barth said. "If that drone had hit my tail rotor and taken me down, I would have come down on 2,000 people in the street.“

What happened, Barth said, is an example of the growing conflict in the sky between airplanes, helicopters and what many are flying for fun — drones.

Jeffrey Civitano, who was operating the unmanned aircraft, said he was also worried.

"The full-sized helicopter turned towards me and made a bee line for a direct intercept course for my location," he said.

Civitano also holds a commercial pilot's license from the Federal Aviation Administration and said he did his best to keep his unmanned aircraft out of the helicopter’s flight path, but said Barth followed his drone.

“My objective was to yield the right of way to him as a full-sized aircraft and to get back on the ground as quickly and safely as possible. He made that difficult, I would say,” Civitano told NBC 6.

Down on the ground, runner Madeline Proano was oblivious to the potential for a catastrophe to unfold above her.

"No signs, no clue," she said.

But she said she did remember the helicopter.

"It was hovering over the area," she recalled.

Barth and Civitano both contacted the FAA, and Sunrise Police investigated too.

Florida is one of the top spots in the U.S. for flying — only Texas and California have more aircraft registered. And therefore, aviation experts say it’s also is the perfect place to see what the FAA is now officially calling an “unmanned aircraft system” take to the sky.

“Regulation as it pertains to drones is like the Wild Wild West in the United States," said Ft. Lauderdale aviation attorney Jonathan Ewing. He said while the FAA tightly regulates drones companies would use for business purposes, a person flying one just for fun has little restriction.

“In essence, you have floating land mines in the way of commercial aircraft,” Ewing said.

Barth said he has found video on YouTube that shows his helicopter, on another day, passing by while a different drone was airborne near Barth's flight headquarters. Barth wants the FAA to act quickly.

"They are trying to get rules in place. However, they are way behind, and there needs to be some kind of stop-gap regulation," he said.

The organization representing model aircraft owners said it's developed rules for its members to avoid close calls with helicopters and airplanes.

The FAA in late June did tell recreational drone pilots to contact airport towers if flying within 5 miles of the airport and to use basic flight rules existing for years to prevent trouble. It also warned that being reckless with an unmanned aircraft could get you arrested.

A complete and comprehensive rule covering these unmanned aircraft might be done before the end of the year.



Photo Credit: AP

Open-Air Fish Market Coming to San Diego

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With a picturesque waterfront already in place, San Diego will soon have its very own open-air fish market reminiscent of other similar markets around the U.S., including Seattle’s Pike Place Market.

The plan, spearheaded by County Supervisor Greg Cox, was announced Wednesday. Cox said the Dockside Fish Market at the Downtown Waterfront will set up shop at the Fish Harbor Pier, near Tuna Harbor between the USS Midway Museum and Seaport Village.

There, the pier will transform into an open-air fish market featuring pop-up canopies, tables and lots of fresh, local catches for sale.

The market will open to the public for the first time on Aug. 2, from 8 a.m. to 1 p.m. After that, it will be held at that location every Saturday morning for the next year or so.

For now, the plan is for fishing boats to pull into the harbor and unload their catches onto the pier, which could include fish, lobster, urchins, crab and whatever else they’ve caught in local waters. The fishermen will have to pay a vendor fee to be able to sell their goods at the market, but that dollar amount has not been set just yet.

Cox said the new seaside marketplace will not only give consumers a great deal on fresh fish, it will also bring business to local fishermen.

“There are still a number of commercial fisherman that are out there, they're working really hard, they're bringing their catch in on a daily basis, they're turning it over to fish markets at a wholesale price," said Cox.

"This will give them an opportunity to certainly get a higher price than they would at a wholesale fish market. But at the same time, it's going to be a great bargain for the citizens of San Diego. They will know that it's the freshest fish they can possibly get," he continued.

Zachary Roach is a partner for the open-air market and says his father, a commercial fisherman, has been catching rock crab for 20 years, yet the wholesale price hasn't changed.

"It hasn't fluctuated in giving him more money for the 20 years. But now we can, rather than sell wholesale, we can sell it here for a chunk of money and still be selling it for cheaper than what they would at retail or at a grocery store, so the consumer is getting the better rate too,” said Roach.

Employees of a nearby seafood market told NBC 7 they support the new open-air concept and hope the fishermen do well.

As for locals and tourists, many say they’re looking forward to buying fresh seafood on the harbor.

“I would totally support it – I think that’d be great to support local fishermen,” said San Diegan Brandi Skinner.

Gloria Simon, a tourist visiting from Utah, said she’d certainly check out the marketplace.

“I think it’s a great idea because I love the Seattle Pike’s Market,” she told NBC 7.

Little Italy resident Sarah Johnson said the fish market will likely become one of her go-to shopping spots for seafood.

“It’s convenient just to walk down here and get the fresh fish right off the market and bring it home. I would be a No.1 supporter of that, definitely,” said Johnson.

A proposal to promote the market will be heard for the Board of Supervisors at a July 29 meeting. Meanwhile, Cox will continue to show his support for the open-air fish market in America’s Finest City.

"Seattle is famous for its Pike Place Fish Market," said Cox. "There's no reason San Diego, with its vibrant waterfront, busy fishing fleets and great year-round weather, can't have our own open air fish market."



Photo Credit: NBC 7 San Diego

Military Cigarette Benefits Under Fire

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Cigarettes and the U.S. military have a long history, but a possible change in benefits has the habit under fire, with the relationship between big tobacco and our fighting forces possibly coming to an end.

The Senate Appropriations Defense Subcommittee has approved a $549 billion defense spending bill that would eliminate the 25 percent discount on cigarettes for the armed services.

The bill is creating a heated debate.

Local representative Duncan Hunter, who served in the U.S. Marine Corps before joining U.S. Congress disagrees with the move, telling NBC 7, in part:

"Service men and women do a lot in defense of this country and they ask little in return. If they want to buy cigarettes or chewing tobacco, both legal products, that's a decision they make individually."

Debra Klohe, a mother-in-law of a Marine feels the same.

“They put their life at risk and they should have any kind of discount that they have, they shouldn't have their rights and their discounts taken away from them,” said Klohe.

One U.S. senator estimates the illnesses and health care costs from smoking at about $1.6 billion a year.

Greg Gamble, a retired member of the Navy who lost family members to lung disease, agrees with the subcommittee’s call.

“I don't smoke personally never have never will and I disregard anything in regards to smoking,” said Gamble. “But in the Navy they definitely have to have their two things: cigarettes and coffee.

The U.S. military’s ties to tobacco date back to World War I, according to Debra Kelley with the American Lung Association,

“Every solider got a free pack of cigarettes with their K-rations. The use of tobacco has really been embedded in the military,” said Kelley.

Due to mounting health concerns, Kelley said the American Lung Association has been urging the military to eliminate the cigarette discount for years.

“When you look at the ultimate effect of selling low-cost tobacco products to our troops it's basically death and a discount,” she added.

The defense bill still has to pass through a number of hurdles. It’s also worth noting that the tobacco lobby gives significant funding to lawmakers.

If the bill does pass, it would go into effect Oct. 1.
 



Photo Credit: Getty Images

SD Explained: Undocumented Immigrant Children

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The nation’s current border crisis includes a large increase in unaccompanied undocumented children trying to illegally enter the United States. More than 52,000 children have been taken into custody, a 99 percent increase over the previous year. NBC 7’s Catherine Garcia and The Voice of San Diego’s Scott Lewis explain who these undocumented immigrant children are, and what is happening in the countries from which they are fleeing.

Photo Credit: Foto/Getty Images

Pedestrian Struck, Killed in Talmadge

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A pedestrian was hit by a car and killed in San Diego’s Talmadge area Wednesday night, officials confirmed.

The fatal collision happened around 8:30 p.m. in the 5000 block of El Cajon Boulevard. Police said the pedestrian sustained mortal injuries and was pronounced dead at the scene.

Further details of the accident were not immediately released. As of 9 p.m., police were in the process of investigating the deadly incident, identifying the pedestrian and notifying the victim’s family.
 



Photo Credit: Shutterstock

Perfect Places for Picnics in North San Diego

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Eating al fresco at a pristine park or picnic spot is a summer tradition in San Diego. For those looking for great local places to snag a bite and then dine outdoors, Yelp has you covered. We’ve paired up locations and lunch joints for this week’s guide to easy picnics. Enjoy!

Fletcher Cove Park + Pizza Port (Solana Beach)
Call in your order at Pizza Port or stop by after you park (free) along the 101 in the heart of Solana Beach. Nothing could be easier than picking up some famous Pizza Port pies, chicken wings and salad, then strolling down the block to Fletcher Cove Park. There are picnic tables, plenty of grass to spread a blanket on, a playground and of course, the beach! Pair these two local locations together for the perfect summer day.

Del Mar Dog Beach + The Curious Fork (Del Mar)
Newly opened, The Curious Fork is 100 percent gluten-free and completely delicious. Grab a gourmet sandwich, flat bread or specialty treat and a delicious Blue Bottle Coffee for your picnic pleasure! Park at the end of Via De la Valle and cross toward the coast until you arrive at Del Mar Dog Beach. Although this time of year it is required that you keep your pooch on a leash, you can still being your four-legged friend on this seaside feast.

Moonlight State Beach + Moonlight Beach Deli & Dogs (Encinitas)
Encinitas’ popular Moonlight State Beach and park is spruced up and ready for your afternoon al fresco. Before you head down to try and find parking, stop at the hidden gem known as Moonlight Beach Deli & Dogs. It’s located in a gas station grocery store and the locals swear their loyalty to the perfect sandwiches and snacks served there, so no need to pack a lunch from home. Pick your preferences and then just head towards the sand for the easiest afternoon ever.

Kit Carson Park + Hungry Bear Subs (Escondido)
Forget your coolers and lugging lunch around, just stop in at Hungry Bear Subs before you head to Kit Carson Park – you won’t regret it! This famous locally-owned sandwich shop is the highest rated restaurant on Yelp in the Escondido area with almost 500 reviews. Their famous BBQ steak with melted cheese and peppers can’t be beat. Once you snag your subs, you can feed the ducks at the pond and find a nice table on which to perch your picnic.

Buddy Todd Park + Ty’s Burger House (Oceanside)
Buddy Todd Park in Oceanside has lots of shade and a playground for little ones to run around. As you claim your spot for the day, feel free to spread out your supplies, but no need to bother with a BBQ. Instead, stop by Ty’s Burger House (the sign simply says “Burger House”) and pick up picnic favorites with none of the fuss. The take-out burgers and fries by a local guy with a commitment to quality will make your day smooth and relaxing. We suggest you try the chili burger and sweet potato fries.
 

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



Photo Credit: Getty Images
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