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Closing Arguments: Self-Defense or Spiteful Murder?

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Do you believe Julie Harper’s story?

That was the question posed by the prosecutor in his closing argument on Friday in the trial of a Carlsbad woman accused of murdering her husband.

Defendant Harper claims she shot her husband in self-defense during a violent argument because she feared he would kill or rape her. The body of Carlsbad High School math teacher Jason Harper was found in his bedroom on Aug. 7, 2012.

Deputy District Attorney Keith Watanabe said that if that were true, she wouldn’t have acted like a guilty person, burying the gun used in the shooting, moving her husband’s car as well as moving his body.

“Julie Harper did not shoot her husband out of self-defense,” he said. “She shot him out of anger and spite.”

Jurors heard Watanabe’s closing argument all morning. After lunch, Harper’s defense attorney presented his closing argument.

Defense attorney Paul Pfingst has argued Harper’s shooting was justifiable because she feared that she would be raped or killed. The couple was in the midst of what the defense described as a violent struggle. The defense also suggested Harper had endured months of verbal and sexual abuse.

Harper claims pulling the trigger was accidental.

The deputy district attorney described that as “odd.” Why would the defense argue first that Harper had to protect herself and then also say it was an accident?

“If you don’t believe her and think she’s lying, you have to ask yourself why she’s lying,” Watanabe said.

Watanabe then outlined what he said was circumstantial evidence implicating Harper in the murder.

In the week before the killing, Harper filed for divorce against her husband, he said. She also withdrew a large chunk of money from one of her children’s college fund. On the day of the killing,

Harper had a "day of deceit," where she brought her kids to a coffee shop and tried to set up a play date for them.

The defense, however, said she did so to protect her children and get them to safety before she reported the shooting.

"There is no good way to report your (children's) father is dead but there are worse ways for them to find out about that," Pfingst said.

What about burying the gun?, Watanabe argued. If Harper had shot her husband in self-defense, she would have been open with police about the gun and its whereabouts. The killing weapon has never been recovered.

“Guilty people lie, conceal evidence (and) manipulate evidence,” he said. “Innocent people don’t do that because they don’t have to.”

Pfingst' closing argument was cut short and he was not able to address the issue of the gun before court adjourned on Friday afternoon. He will resume on Monday.


Woman, 8 Months Pregnant, Held on $2M Bail

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A pregnant woman was ordered held on $2 million bail on murder charges in connection with a previous baby's death.

At her arraignment, 32-year-old Guadalupe Ocampos, stood with her hands cuffed on top of her stomach. Family members say she is eight months pregnant.

Ocampos pleaded not guilty to the first-degree murder filed against her in the death of Kevin Machado, her 9-month-old baby who died of a head injury in September 2013.

The medical examiner's report says Machado died of blunt force trauma to the head.

Officials said the baby's injuries were inconsistent with what his parents told investigators - that the baby fell three feet off a bed onto the floor twice in two days.

According to the medical examiner, a head CT scan revealed a traumatic brain bleed with multiple levels of "healing."

Ocampos was arrested Thursday morning at her home in the 1600 block of South 43rd Street.

Ocampos' preliminary hearing is set for October 9.


 

 

 

A San Diego woman has been arrested, accused of murder more than a year after her baby's death, officials confirmed Thursday.

Guadalupe O’Campos, 32, was arrested Thursday morning at her home in the 1600 block of South 43rd Street.

More than a year earlier - on Thursday, September 5, 2013 - O'Campos' 9-month-old son Kevin Machado died after suffering blunt force trauma to his head.

Machado died from his injury later that evening.

A preliminary investigation revealed Machado was injured while at his family's home on Euclid Avenue near Orange Avenue, according to investigators.

NBC 7 obtained the Deputy Medical Examiner's report that suggests Machado's mother and step-father reported two falls from the bed to the floor within 48 hours.

The falls occurred on Sept. 3 and Sept. 5 and were reported as falls from the bed to some bedding on the floor three feet below.

However, after an autopsy, the medical examiner noted injuries to the child's scalp and collections of blood outside of the boy's brain as well as retinal and optic nerve hemorrhages that were inconsistent with reports from family members.

San Diego Police Officers did not reveal what led to the arrest of O'Campos. She has been booked into Las Colinas Detention Center and is scheduled for arraignment on Monday.

She has four children older than Machado, according to officials.

The medical examiner's report described Machado as well nourished with regular documented visits to a pediatrician and no previous signs of abuse.

Anyone with information on this case is asked to call the SDPD Homicide Unit at (619) 531-2293 or Crime Stoppers at (888) 580-8477.

Copyright Associated Press / NBC 7 San Diego



Photo Credit: NBC 7

Lakeside Schools Add New Teacher Evaluations

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The Lakeside Union School District has launched a pilot program for its annual staff evaluations that’s already getting attention from outside the state.

For the first time, the district is using a 36-page evaluation template for its teachers. That’s 35 pages longer than the old one.

The old model, a non-comprehensive satisfactory versus unsatisfactory evaluation, didn't hold teachers accountable, according to Superintendent David Lorden.

It also didn't give them the tools to get better, he adds.

“Our new rating system goes from not meeting standard, to developing, to proficient, to distinguished,” he explained. “If you're not moving along that continuum towards distinguished, this will call it out."

After some initial apprehension, educators like Cathy Zimjewski said they’re excited because it's a growth model - meaning there's room to take risks and improve.

As the local teachers union president - she helped implement the process.

“Nobody just wants to say ‘Oh you’re a bad teacher get out of here,’ she said. “That does nobody any good.”

Under the old system, principals would make one visit to a classroom in a one shot, so-called “gotcha” moment. Now it's a year-long process supported by online professional development.

Accountability is critical and parents expect it said Lorden.

Matt Thompson, the Principal at Lakeside Farms agrees.

“But just like we expect our teachers and all educators to do for our own students, is to differentiate instruction for every single child to give them what they need, we are now able to do that for our teachers," Thompson said.

Next week administrators from the district will travel to Salt Lake City to present their model at a national conference.
 



Photo Credit: NBC 7

Boy Found After Search in Mission Beach Area

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A 12-year-old boy reported missing Friday evening in the Mission Beach area of San Diego was found unharmed, police report.

A San Diego police helicopter was patrolling the area of Law Street and Mission Boulevard around 6 p.m.

Residents heard an announcement from the police telling them to look for a boy who was reported missing by his parents.

By 8 p.m., the boy had been located unharmed. No details were given on the reason for his disappearance.
 



Photo Credit: Getty Images/iStockphoto

Mayor's Aide Dating Convict: Report

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Mayor Bill de Blasio and the police union reacted Friday to a published report that the boyfriend of a senior adviser to the mayor is a convicted killer and interstate drug trafficker whose also ran over a New Jersey police officer while driving her car last year.

Chief of staff to first lady Chirlane McCray, Rachel Noerdlinger, has been in a relationship with Hassaun McFarlan since 2010 and the two have lived together for nearly two years, DNAInfo.com reported Thursday.

The 36-year-old McFarlan has been arrested at least five times, and was convicted in the fatal 1993 shooting of a teenager over a down jacket, the site said.

Two of the arrests occurred after McFarlan began dating Noerdlinger, a former aide to the Rev. Al Sharpton, according to the site. 

McFarlan also allegedly referred to police officers as "pigs" on his Facebook account.

Pat Lynch, president of the Patrolmen's Benevolent Association, said Noerdlinger should never have been hired to work in the de Blasio administration. 

"New York City police officers are not allowed to associate with known criminals," he said. "If we are, we get disciplined, and we should." 

Lynch added, "The hateful language he uses on websites toward police officers, what kind of guidance is this staff member giving the mayor and the first lady?"

 

On Friday, the mayor defended Noerdlinger, saying she was in no danger of losing her job and that it would be "ludicrous" to fire someone over statements made by their boyfriend.

"I have absolute faith in her," De Blasio said. "I know what I value and she values the same thing. We need a close relationship between police and communities."

City Hall spokeswoman Rebecca Katz said in a statement earlier, "No one at City Hall condones criminal behavior or disparagement of the NYPD, including Rachel. Rachel is her own person. She is a strong, independent woman who possesses a core set of values and beliefs that align with this administration. She is not going anywhere."

Noerdlinger's attorney, Jeffrey Lichtman, said her work was in no way affected by her relationship with McFarlan.

"She doesn't share all of the opinions of Hassaun McFarlan and anyone who has ever had any contact with her knows Rachel to be an incredibly hard-working, kind, respectful professional." Lichtman said. "She stands on her own and always has."

Before working for the mayor's office, Noerdlinger worked with Sharpton's National Action Network for more than a decade.

Michael Hardy of the NAN said he fully supports Noerdlinger and McFarlan's relationship.

"He seems like a great guy, and more than that, what are we if we're not a nation of second chances and redemption?" he said. 

Follow Danielle Elias on Twitter @danielle4ny



Photo Credit: AP

911 Calls in Deadly Bear Attack

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The friends who got separated from a Rutgers student while hiking in a New Jersey nature preserve called 911 in a panic, telling the dispatcher they had just been chased by a black bear and couldn't locate their friend, who was later found dead

Police recordings released Friday capture the anxiety after the five friends from Edison got separated in the Apshawa Preserve Sunday. 

"Hey, hello, I'm on Macopin Road, it's 81 Macopin Rd., I believe I'm in West Milford or somewhere around there," said a friend in the first 911 call. "We were hiking and we saw a bear, and we all started running and it started chasing us."

"Two of us are OK, one other person (unintelligible), but two are really close, and I'm scared out of my mind for them. I want to go back, but I'm hurt and I don't know what to do," the caller said. 

The unidentified friend said he had scraped his leg and was more worried about his friends.

"Can anyone get here anytime really soon, please?" he said. 

The dispatcher warned the caller it could take police some time to get to them if they were on a trail.

"No, no, no, but we ran one way for about two minutes, and we got onto a neighborhood," the caller said. We're at 81 Macopin Road, and we can go right into it from there." 

The call was transferred to a dispatcher in nearby Bloomingdale before the call was kicked back to the first dispatcher.

"Hey, what's up, I just got told to call you 'cause if I'm not in Bloomingdale -- I need someone immediately to 581 Macopin Rd.," he said. 

"Oh, 581 Macopin," the dispatcher said.

"Yeah, yeah, I'm sorry, I read that wrong. Anyway, like, do you know how long it will take or anything of that nature?" said the caller. 

The dispatcher assured him it "shouldn't be too long." 

A search team found the body of Darsh Patel, 22, a short time after they arrived. Officials said Patel had bite and claw marks on his body that indicated he'd been attacked by the 299-pound black bear. 

The bear was found 30 to 40 yards from Patel and euthanized at the scene, officials said. Authorities said it was 4 years old.

The New Jersey Department of Fish, Game and Wildlife, which is handling the necropsy of the bear to confirm that the animal killed Patel, and why, said Friday their examination wasn't yet complete. 

It was the first fatal bear attack ever in New Jersey.

Kelcey Burguess, a black bear biologist with the department, has said it's possible the bear was diseased or rabid, but it's "very rare" for a bear to have rabies. It's more likely the bear was looking for food, he said.

The hikers told authorities the bear appeared to be following them; they were all carrying granola bars and water. The number of acorns in the woods where the bear was is far lower than it should be at this time of year, Burguess said. The bear was also stalking the body when police arrived, and Burguess said it's common for black bears to guard their food sources.

The Apshawa Preserve is a 576-acre natural area used for hiking and bird watching.

Rutgers said in a statement that Patel was a senior in the School of Arts and Sciences majoring in information technology and informatics. Patel's family asked for privacy.



Photo Credit: NBC 4 New York

Pet Tortoise Stolen from Yard

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Kahuna, a 60-pound pet tortoise, was stolen from an Escondido family's home. The abduction was caught on tape. NBC 7's Omari Fleming speaks to the owner on Sept. 26, 2014.

Photo Credit: NBC 7 San Diego

Daughter Defends Mom Accused in Infant's Death

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NBC 7's Candice Nguyen speaks exclusively with Abigail Ocampos, the daughter of Guadalupe Ocampos, a San Diego woman jailed on murder charges in connection with the death of her 9-month-old baby. Abigail says her baby brother's death was an accident and her mother is innocent.

Photo Credit: NBC 7

City Honors ‘Lifeguards of the Year’

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City leaders gathered Saturday in Mission Beach to honor a pair of local lifeguards deemed the best in the business of protecting our local beaches.

In a special ceremony led by District 2 City Councilman Ed Harris, Tore Blichfeldt and Daryl McDonald were both named “Lifeguard of the Year,” honored for their service and heroism over the past year.

McDonald, dubbed the year-round Lifeguard of the Year, has 28 years of service under his belt. He is a field training officer for lifeguards, a member of the River Rescue Team and a member of the Cliff Rescue Team.

Over the span of his career, McDonald has assisted with Hurricane Katrina rescues as part of the Office of Emergency Services Task Force 8 and was awarded a lifeguard Medal of Valor for coming to the rescue in a 2009 incident involving a lifeguard boat that flipped in the Mission Bay Channel.

Officials said McDonald also helped rescue horses and people during flash floods in the Tijuana River Valley.

With 18 years of service, Blichfeldt was named the seasonal Lifeguard of the Year.

He has been with the San Diego Lifeguard service since 1996 and was in charge of the Junior Lifeguard Intern Program – something he’s very proud of. When he’s not keeping San Diego’s beaches safe, Blichfeldt teaches biology at Mt. Carmel High School.

He won “rescue of the year” a few years back for rescue in Ocean Beach. He’s also a lifeguard academy instructor, officials said.
 



Photo Credit: Monica Garske

Mission Beach Turns 100

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With the sand, sun and boardwalk serving as the picturesque background, San Diego’s iconic Mission Beach celebrated its 100th birthday on Saturday with one big beach bash.

The seaside community held its centennial community festival, drawing more than 15,000 attendees to Mission Beach to celebrate a century of history.

The event – which took over the area between Belmont Park on Mission Boulevard and Ventura Boulevard – included a BBQ competition, live music from local bands, a fashion show featuring bathing suits from the 1920s, a kid’s zone filled with activities and a look at the Mission Beach history museum.

City leaders, including Councilmember Ed Harris and San Diego Police Department Chief Shelley Zimmerman, were among those in attendance.

The celebration was the culmination of nearly a year’s worth of events revolving around the Mission Beach centennial. Since March, Belmont Park has been home to the Centennial Museum Booth which boasts vintage relics and memorabilia from Mission Beach’s past, including more than 200 historical photos compiled into a DVD.

Mission Beach, built on a sandbar between the Pacific Ocean and Mission Bay, came to be in 1914. In June of that year, the official subdivision map of the community was surveyed. By December, 14, 2014, it was adopted by the Common Council of San Diego, becoming the first official map of Mission Beach.

Today, the popular beach community spans nearly two miles of ocean front views and boasts a boardwalk frequented bicyclists, joggers and casual strollers. Along the boardwalk, dozens of eateries and small shops offer snacks and trinkets, and a wall offers a relaxing place to rest and gaze out at the ocean.

Over the summer, a Mission Beach staple, the Giant Dipper roller coaster at Belmont Park, also celebrated a birthday, turning 89 years old.
 


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Celebrating Oktoberfest in San Diego

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Fall is here, which means Oktoberfest follows. In San Diego, many communities will host their own versions of the German festival that celebrates fun, food and, of course, really good beer. So, grab your stein and toast with friends in America’s Finest City.

El Cajon Oktoberfest:
The Oktoberfest party began in El Cajon this weekend and continues Oct. 3 through Oct. 5 on South Mollison Avenue. Attendees can enjoy authentic German food – including bratwurst, ox-on-the-spit and pretzels – as well as beer and cocktails. This event is presented by the German American Societies of San Diego, Inc., and also boasts live music from the Bavarian band, Guggenbach-Buam, straight from Baden-Württemberg, Germany. The band will play classics like polkas, waltzes and other famous beer-drinking tunes. The fest runs from 4 p.m. to 10 p.m. Friday, from 12 p.m. to 10 p.m. Saturday and from 12 p.m. to 9 p.m. Sunday.

La Mesa Oktoberfest:
The annual Oktoberfest in downtown La Mesa brings a weekend-long, family-friendly street fair to the East County community featuring more than 400 local vendors, tons of food, a beer garden and live music. The party is held between Spring Street and La Mesa Boulevard, with this year’s bash happening on Oct. 3 through Oct. 5 – from 10 a.m. to 9 p.m. Friday, 10 a.m. to 11 p.m. Saturday and noon to 5 p.m. Sunday. This Oktoberfest celebration typically brings more than 186,000 revelers to La Mesa each year. Parking can be difficult, so consider parking at a nearby trolley stop such as Grossmont Center or the Lemon Grove Depot and take the Orange Line to the Spring Street Station, which is right near the fest.

Ocean Beach Oktoberfest:
The OB Oktoberfest will bring the German celebration to San Diego’s beach community on Oct. 10 and Oct. 11 with live entertainment, food, crafts and a beer garden. The shindig includes lots of contests and activities: German beer tasting, a Ms. Oktoberfest competition, a stein holding event, a bratwurst eating competition and a “Sausage Toss,” in which participants take turns tossing a sausage into a tub.

Carlsbad Rotary Oktoberfest:
Representing for the North County, the Carlsbad Oktoberfest will be held Oct. 4 from 12 p.m. to 10 p.m. at Holiday Park between Tamarack Avenue and Carlsbad Village Drive off Interstate 5. Admission is free and, for those looking to feast, dinner tickets can be purchased for $12 at the door, which includes a meal catered by Carlsbad’s Tip Top Meats, complete with apple strudel for dessert. Entertainment includes live music and dancing (“Chicken Dance, anyone?) as well as an Oktoberfest pumpkin patch and pumpkin decorating contest for kids, face painting and an antique fire truck. Parking is limited, but there’s a free shuttle service to the fest picking up and dropping off all day at the southwest corner of Westfield’s Plaza Camino Real.

South Park “Parktoberfest”:
The hip, Uptown community of South Park will host its first-ever free “Parktoberfest” party on Oct. 11, from 11 a.m. to 10 p.m., at the Gala Food parking lot on Grape Street. Revelers can enjoy a massive beer garden with German-style suds from local breweries like Stone and Ballast Point, as well as a family-friendly area featuring carnival acts, face painting and other fun for the kids. Local eats will include traditional Bavarian sausages, pretzels and German potato salad. A traditional polka Oktoberfest band named Papa Oom Pah Pah will headline the event and several local bands will also hit the stage.



Photo Credit: Shutterstock

McCartney at Petco: Your Ticket to Ride

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Beatlemania is back: As you may have heard, Paul McCartney is set to invade San Diego on Sunday, Sept. 28 and even though a sold-out Petco Park can handle more than 45,000 ticketed guests, there may be a long and winding road ahead for attendees.

Thankfully, for all the day trippers coming together for Sir Paul's first San Diego performance since 1976, the city has stepped up its public transportation options for those trying to get there -- and get back. After all, no one wants a repeat of the Aug. 14 fiasco getting to Candlestick Park in San Francisco for McCartney's show -- when folks were stranded in traffic for so long that some missed the show entirely.

To avoid that unfortunate chain of events, the city’s Metropolitan Transit System (MTS) has increased the number of trains heading to and from downtown, and is offering a mobile ticketing option to make sure the expected extra traffic moves as smoothly as possible.

For smartphone users, the official MTS ticketing app is a sure time-saver. Show-goers can download the mTicket app for free here, and can purchase and store Trolley passes on their phones prior to even arriving at the transit station. Users also have the ability to store multiple mTickets on one phone – making it even more ideal for families or groups of friends traveling together.Talk about a true 'ticket to ride'!

All three Trolley lines (Green Line, Blue Line, and Orange Line) provide direct service to Petco Park. Blue and Orange Line passengers should disembark at the 12th & Imperial Transit Center, while Green Line trains stop inside the Gaslamp Quarter – mere steps away from the stadium itself. Those particular trains will be running every 15 minutes prior to the concert, which is scheduled to kick off at 8 p.m. For a full schedule of trains, times and stops – visit the official San Diego MTS website or download the mTicket app.

As for getting home, MTS has also scheduled additional service for concertgoers. The show is set to end at 11 p.m. and late-night trains will run for all three lines.

The Green Line is set to depart from the Gaslamp Quarter Trolley Station at the following times:

  • 11:08 p.m. to SDSU (regular service)
  • 11:17 p.m. to Qualcomm (this trip will run later if the concert ends after its scheduled end time)
  • 11:23 p.m. to Santee
  • 11:32 p.m. to Qualcomm Stadium
  • 11:38 p.m. to Santee (this run normally terminates at SDSU but has been extended to Santee)
  • 11:53 p.m. to Santee

The Blue Line is set to depart from 12th & Imperial Transit Center to San Ysidro at 11:00 p.m., 11:30 p.m. and midnight. The Orange Line Trolley will depart the 12th & Imperial Transit Center approximately 20 minutes after the end of the concert.

Additionally, for North County residents, the Coaster train will be offering an extra northbound trip, which will depart downtown's Santa Fe Depot at midnight. Prior to the show, southbound Coaster trips are set to depart the Oceanside Transit Center at 1:50 p.m. and 5:15 p.m. Roundtrip Coaster fare and roundtrip Trolley fare are included in the $12 RegionPlus Day Pass avaialble at ticketing machines on Coaster platforms.

With the undisputed concert of the year on the horizon, attendees have plenty to look forward to. McCartney’s most recent Out There show dates set lists have drawn from all eras of his catalog but notable Beatles selections such as “Eleanor Rigby,” “Eight Days a Week,” “Lady Madonna,” “All My Loving,” “Paperback Writer,” “Blackbird,” “Hey Jude” and “Let It Be” seem to all be show staples.

The legendary singer/songwriter has been treating fans to three hours of material on this tour -- complete with fireworks. According to prior show reviews, McCartney typically offers up song explanations and humorous stage banter throughout the set, while the sound quality overall has received consistently high praise.

With transportation worries alleviated, attendees can breathe easy, enjoy the show and come together.
 



Photo Credit: EFE

Pit Bull Attacks 8-Year-Old Girl

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Authorities shot and killed a pet pit bull after the dog attacked an 8-year-old girl Saturday afternoon, critically injuring the child.

The two girls, ages 8 and 15, were in their home on the unit block of Adelene Drive in Newark, Delaware around 1 p.m. when the dog began attacking the younger child, according to police.

The teenager called 911 and, while police headed to the scene, the pit bull remained in the room, preventing the children from escaping, authorities said.

The 15-year-old was able to carry the critically injured child out of the room once police arrived, according to officials.

But the dog remained aggressive, which hampered the officers ability to provide medical treatment to the hurt girl and led to an officer shooting and killing the dog, police said.

Authorities transported the girl to A.I DuPont Children's Hospital, where she was then airlifted to the Children's Hospital of Philadelphia.

She remains in critical condition at CHOP, officials said.

Copyright Associated Press / NBC 7 San Diego



Photo Credit: AP

WWII Era Explosives Found in Pa.

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Police called the Montgomery County Sheriff's Bomb Squad to a residential Chester County neighborhood after they uncovered a metal ammunition container containing three military devices that dated back to World War II.

Police said they responded to the 200 block of Old Eagle School Road in Tredyffrin Township around 11:30 a.m. Saturday after receiving a call about unexploded military devices.

The officers found three military devices in a container that had been removed from an outdoor shed and then contacted the Bomb Squad, according to officials.

An investigation showed one of the items was an American military "pineapple" style hand grenade with an intact fuse from World War II or the Korean War-ear, authorities said.

A cylindrical device thought to be a smoke generator with a fuse and a Japanese military explosive device from World War II were also in the container, police said.

Authorities said there is no information indicating the explosives would be used in a criminal act.

The Bomb Squad destroyed all the devices in another Tredyffrin Township location, investigators said.

Copyright Associated Press / NBC 7 San Diego

Inside Look: PD’s Excessive Use of Force Training

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Excessive use of force is one of the main criticisms police officers across the nation face, especially lately after the fatal shooting of unarmed teenager Michael Brown in Ferguson, Missouri by an officer.

On Saturday, the National City Police Department and the San Diego County Sheriff’s Department gave members of the community an inside look at their excessive force training exercises, where NBC 7 got a first-hand peek into situations law enforcement officials face in the field.

Officers took civilians through several different training scenarios including walking participants through a domestic violence call and traffic stop to see how they would respond in situations that may require the use of force.

You see it all the time on TV and in movies but for National City police, high-stress situations are part of their daily duties.

Participants of the “Use Of Force” training workshop started training with a firearms simulation where they interacted with suspects on a screen. Participants were forced to make split-second decisions based on what they saw on the screen that could mean life or death.

Some suspects produced weapons and would advance on participants. The officers taught participants different ways to eliminate the threat.

“You have to think quick. You have to think, first, ‘How am I going to protect myself?’” said participant Ditas Yamane.

A lesson NBC 7 reporter Liberty Zabala learned while conducting a simulated traffic stop.

In that training scenario, the driver was fully cooperative. However, Zabala failed to notice the armed passenger in the back.

And it cost her.

“I got hurt!" said Zabala after being shot with a BB gun.

Another participant, Jacqueline Reynoso said the experience has opened her eyes.

“We hope that officers act in the appropriate manner and that excessive force isn't used if it's not necessary, but understanding that there are situations you know a police officer is a human being,” says Reynoso. “He's thinking about his family, about the safety of the community and that may call for use of force in certain situations."
 



Photo Credit: Liberty Zabala

Locals Turn in Prescription Drugs

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San Diego residents got a chance to get rid of their unused prescription drugs Saturday as the U.S. Drug Enforcement Administration (DEA) held its 9th annual National Prescription Takeback event.

Locally, the four-hour event was held across 41 locations in the county, including Mission Beach, the Alpine Sheriff’s Station, Scripps Encinitas Hospital, Castle Park High School in Chula Vista and the Coronado Police Station, among many participating locations.

The service was free and anonymous, and gave residents the opportunity to dispose of their unused, unwanted or expired prescription drugs, no questions asked.

Resident Carol Knott showed up to one of the takeback locations with a bag of prescriptions to turn in. She said the pills were from a period when her husband was ill and was being prescribed numerous different medications.

Knott was relieved to know they would be disposed of properly by officials.

Thomas Lenox, Special Agent with the DEA, said the event was designed to provide a helpful service to the public and prevent the drugs from getting into the wrong hands or winding up in our landfills.

“It’s important that people get their prescription drugs to us so we can properly dispose of them and destroy them in a safe, environmental manner,” Lenox told NBC 7.

He said flushing prescription drugs down the toilet isn’t recommended, as they can get into the water supply this way. Also, he said dumping the drugs in landfills is discouraged because they can disintegrate and get into environment.

Lenox said San Diegans have been very responsive to the DEA’s Prescription Takeback events year after year. Typically, he said 10,000 pounds of drugs are turned in per event in San Diego alone.

Lenox said Saturday’s event may be the last one sponsored by the DEA.

"There are new federal regulations that have just recently come out to provide retail pharmacies the chance to give this service to their customers,” Lenox explained.

He said clinics, hospitals and other facilities will also provide collection bins in the future for unwanted prescription drugs.

In the past eight years, the DEA’s Prescription Takeback event has collected more than 2,000 tons of drugs across the United States.
 



Photo Credit: NBC 7 San Diego

Cop Gets $10K a Month in Absence

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A Glendale police officer who has battled the department over alleged discrimination and was also arrested last month in a prostitution sting is now set to receive more than $10,000 a month on paid leave in a settlement with the city.

In 2010, Sgt. Vahak Mardikian and four other police officers filed a lawsuit against the Glendale Police Department, City of Glendale and dozens of fellow officers, alleging that they experienced a pattern of discrimination because of their Armenian heritage.

In the resulting settlement, Mardikian, 49, will receive $10,579 per month in paid leave until his retirement at the end of 2015, at which time he will be eligible for the California Public Employees’ Retirement System, the Los Angeles Times reported Friday.

On Aug. 8, Mardikian was arrested on one count of soliciting prostitution from an undercover detective in Las Vegas, according to an arrest report from the Las Vegas Metropolitan Police Department.

Detective Justine Gatus wrote in the report that while sitting at a bar at the Flamingo Casino, working undercover, she was approached by Mardikian, who engaged in conversation with her for nearly an hour, during which time he asked if she was a cop and denied being one himself.

After discussing her prices for various sexual acts including anal sex, the two departed with plans to meet in the parking lot, where Mardikian was arrested and booked.

The Times reported that Mardikian was demoted in early 2012 after the department received claims that he was pressuring other officers to join the 2010 lawsuit, but was reinstated last year.

The settlement agreement in response to the 2010 lawsuit was being prepared months before Mardikian’s arrest in Nevada, the Glendale News-Press reported.

Mardikian will still have to face a courtroom for his prostitution solicitation charge in Nevada.

NASCAR Champ's Brother-in-Law's Death an Accident

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The skydiving death of a San Diego man and brother-in-law of NASCAR champion Jimmie Johnson has been ruled accidental. 

Jordan Janway, 27 -- the brother of Jimmie’s wife, Chandra -- died March 30 when his parachute failed to deploy at a small gliderport in the Jamul area of San Diego.

Janway was not working when he decided to go on a "fun jump" with two friends. They had planned to work on a technique called a tracking dive.

It's not known why Janway collided with one of his friends during freefall. However, he was knocked out  according to the San Diego County Medical Examiner's report released Friday.

Janway was the last to jump from the plane when it reached approximately 13,000 feet, the report states.

The second jumper told officials he was in freefall "with his face down and arms and legs extended when he felt something impact his right leg."

He recalls seeing Janway face up with arms and legs dangling at approximately 10,000 feet.

"Janway failed to deploy his parachute and impacted the ground at terminal velocity," the report concludes.

Janway, an instructor at Skydive San Diego, had more than seven years experience skydiving with 1,500 jumps under his belt.

The chip in Janway's parachute bag that is designed to automatically deploy a chute if a jumper is falling too fast was undergoing maintenance.

Fire Rips Through Building, Causes $1M in Damage

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A fire ripped through a building in Oceanside early Saturday morning, displacing two residents and leaving more than $1 million worth of damage in its wake.

According to the Oceanside Fire Department, the blaze began just after 2:30 a.m. at a commercial building at 1119 South Cleveland St. When fire crews arrived, heavy, menacing flames could be seen shooting from the building.

Neighbors told firefighters the owner of the business lived in an attached residential unit upstairs. A search and rescue effort began for anyone inside the building.

Officials said two people living in the upstairs unit were able to safely exit the building. They were not injured.

Working together, 40 firefighters from Oceanside, Carlsbad and Vista departments tackled the blaze and were able to gain the upper-hand in just over 45 minutes. Crews stayed on scene for several hours to fully knock out the fire and clean up hot spots.

Officials said the fire ripped through the roof of the commercial portion of the building and burned the majority of the contents inside, which included motor repair equipment. However, firefighters were able to salvage office equipment and important records.

As for the residential portion, crews were able to save the home from burning down. One adjoining business was damaged when the fire tore through walls, fire officials said.

In the end, the destructive blaze caused more than $1 million in damage to both the structure and its contents. The two residents were displaced, but were able to find a place to stay with family members, officials said.

The Oceanside Fire Department said eight engines, two trucks, two ambulances and three battalion chiefs pitched in on the operation. One firefighter sustained non-life threatening injuries while attacking the fire. He was treated at a local hospital and released.

The cause of the fire remains under investigation.



Photo Credit: Oceanside Fire Department

Tortoise Theft Caught on Cam, May Be Part of Series

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A 60-pound desert tortoise whose abduction from its Escondido home was apparently caught on surveillance video is just one victim in a string of similar crimes, officials said Friday.

“Kahuna” was stolen from a yard on Cheyenne Lane Saturday by a woman driving a silver Ford Focus.

A surveillance camera outside of the home captured the car pulling up in front of the house. Then, a woman picks up the tortoise in her arms and carries it to the car before driving off.

Escondido Police say there have been a series of tortoise thefts in the Los Angeles area. They are not sure if Kahuna's abduction is related to those bizarre thefts.

Mike Lamaye and his family have owned the tortoise for seven years. The pet has brought companionship and happiness to Lamaye after suffering heartache.

“He’s amazing,” said Lamaye. “I didn’t want to put another pet down. I wanted something that would outlast me.”

But now, Lamaye is once again without a beloved pet companion that even his dog, Miles, came to love.

The Escondido resident said the theft is unbelievable.

“It’s just horrible – it’s not right,” he lamented.

His neighbors, including Jessica McManus, are just as shocked over the crime. They, too, also miss Kahuna and want him home.

“He was a good symbol for this community,” McManus told NBC 7.

The desert tortoise escaped from Lumaye's backyard when construction crews left the gate open. Surveillance pictures show him being picked up by the unknown suspect in McManus' yard.

“I feel really violated,” she said. “This is our front lawn. My child plays on the lawn; we have two bull dogs that are precious to us, too.”

Lamaye and his family aren’t giving up on their efforts to find Kahuna. They’ve posted signs in the neighborhood offering details on the tortoise and his disappearance. Lamaye said Kahuna has a slightly broken beak.

McManus hopes the signs work and the pet is soon reunited with the Lamaye family.

“Someone needs to have a heart and bring him back,” she added.

If anyone has any information about Kahuna’s whereabouts, they can alert NBC 7 via email and we’ll forward the information to the owners.



Photo Credit: NBC 7 San Diego
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