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Dad of Boy Who Shot Pal Dead Pleads

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The father of a then-4-year-old New Jersey boy who fatally shot his 6-year-old neighbor with his father's unsecured gun has pleaded guilty to two counts of endangering the welfare of a child in exchange for less jail time, NBC 4 New York has learned.

Anthony Senatore of Toms River pleaded guilty Thursday to the charges in connection with the April 2013 shooting death of Brandon Holt. Senatore's young son shot Holt once in the head with Senatore's gun -- a .22-caliber rifle the father was accused of keeping loaded, unsecured in his bedroom.

Senatore's lawyer previously said his client was "deeply horrified over what took place and feels awful about it," but that the case should've been tried in civil, not criminal, court.

Last November, Senatore rejected a plea deal that would've required him to serve seven years in prison. In exchange for the guilty plea Thursday, Senatore will serve two three-year jail terms simultaneously when he is sentenced Feb. 5.

Senatore had originally faced six counts of child endangerment -- one for each of the five unsecured firearms investigators say they found accessible to his three children and one for endangering the welfare of Holt by leaving his gun in a place where his own child could get it. . 

The Holt family has filed a lawsuit against the Senatores accusing Senatore and his wife of recklessness that led to their son's death. .  



Photo Credit: NBC 4 New York

VP Biden Expected in Town This Weekend

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Scott Peters may be getting some help in his Congressional campaign this weekend.

Vice President Joe Biden is expected to be in town to make an appearance for the 52nd District incumbent, a source close to the campaign confirmed.

Biden is also expected to attend a Get Out The Vote rally in San Bernardino for the Democratic candidate for California's 31st Congressional District, Redlands Mayor Pete Aguilar, and State Senator Alex Padilla, the Democratic candidate for Secretary of State. A press release from Aguilar's campaign said the event starts at noon.

The FAA has issued a temporary flight restriction for "VIP Movement" for Friday evening in San Diego. 

The vice president is expected to fly in Friday evening, then make an appearance for Peters on Saturday, a source close to the campaign confirmed. Peters is in a heated battle with former City Council member Carl DeMaio for the seat.

DeMaio, who drew in cash with a visit from Speaker John Boehner earlier this month, wasn't surprised by the VP backing for Peters.

"Obama is rewarding Congressman Scott Peters with a visit from the Vice President because they know he has served as a rubber-stamp for this Administration's failed policies,” said Dave McCulloch, spokesperson for the DeMaio campaign.

Alex Roth, campaign spokesman for Peters, confirmed the vice-president's planned visit, but said he had no comment.

Check back for updates.



Photo Credit: AP

Real Deal on Outlet Stores

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We’re spending more than ever at outlet malls. Sales are expected to top $42 billion this year, according to the trade publication Value Retail News.

Consumer Reports has rated 53 of the biggest outlet stores for value and quality, based on a survey of almost 16,000 subscribers, and can help you bag the best bargains.

Most shoppers that Consumer Reports surveyed are happy with the outlet deals. Sixty-four percent say outlets offer great value. Those surveyed found superior value at Bon Worth, Haggar, OshKosh B’gosh, Izod, and L.L.Bean. But the ratings from subscribers were not as good for some other stores, including American Eagle Outfitters, Old Navy, Gap, Nike, and Levi’s.

These days most merchandise is made especially for the outlets. But is it the same quality? For example, two Coach bags: One from the Coach store for $378 and the other from the outlet for $150. The retail version is made of a nice, heavy, embossed leather. It has a rounded top, so it sits nicely, and a rounded handle, which is more comfortable. The outlet version is a fine bag, but it has a few less fine details and a flat handle.

There’s a big price difference between J.Crew’s outlet ballet flats ($42) and those from its retail store ($150). The shoes are very similar. But the retail version is made of leather in Italy, and the outlet version is made in China of polyurethane. And the retail version also has a heel, which will provide much better support.

Also be aware that not everything is cheaper at the outlets. Although a Corelle dinnerware set is identical to the one at the retail store, it actually costs more: $80 instead of $75. Same with a Revere Ware pot and pan set. It’s $70 at the retail store and $68 at the outlet.

Bottom line: Some outlets definitely offer bargains, but you have to shop carefully. Consumer Reports has more tips for outlet shoppers. Head to the back of the store first. You’ll find the biggest markdowns there. And if an item is damaged, always ask for an additional discount. Consumer Reports shoppers got at least 10 percent off, every time.

NBC 7 reached out to Coach on the Consumer Reports survey. A spokesperson sent us the following response:

"Our outlet stores sell manufactured-for-outlet product in addition to discontinued inventory from our retail stores. Made-for-outlet includes both factory exclusives (designed specifically for outlet) as well as archived designs and customer favorites from our retail store (full priced) assortment from previous seasons and years. Both our outlet and retail store product are made from the finest leathers and fabrics, by skilled craftsmen, individually. Our outlet product, as noted, tends to be less embellished. The shoppers in the two channels – retail and outlet – tend to be differentiated and loyal to their specific, preferred channel. Coach’s outlet store design, visual presentations and customer service levels support and reinforce the brand's image. Through these outlet stores, Coach targets value-oriented customers."



Photo Credit: Consumer Bob

Doctors Accused of Abusing Drugs and Over-Prescribing

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Jenny Spielman was found dead in a bathtub at a drug treatment facility in Bay Park a few hours after spending the evening with family, celebrating her 29th birthday.

“She was smart,” Spielman’s sister, Laura, told NBC 7 Investigates. “She was funny. She was beautiful. And she was taken away, way too soon.”

Spielman battled serious mental illness and drug and alcohol addiction for a decade. It was a battle she and her loving family lost that April 2008 night in a group treatment home on Ottawa Street.

The San Diego County Medical Examiner determined Spielman’s death was an accidental drowning, but a combination of powerful drugs — including the narcotics Fentanyl and Oxycodone — also contributed to her death, according to the report.

Some medical experts say tragedies, like the overdose death of Spielman and the dangerous and illegal self-prescribing of controlled substances by her then-doctor, would be reduced if voters approve Proposition 46 on Nov. 4.

Opponents of the ballot measure disagree and said if Proposition 46 passes it will require unnecessary drug and alcohol testing for doctors. They also claim the measure would increase lawsuit settlement payouts for trial lawyers and patients.

Spielman was prescribed the drugs by Dr. Jerry Rand, an addiction treatment specialist. His actions, according to the California State Medical Board, contributed to Spielman’s death.

In a formal accusation, the Medical Board claimed Dr. Rand committed “gross negligence” and “repeated negligent acts” in her care, including a failure to “properly detoxify” and “closely monitor” Spielman, to “prevent (her) overdose and death.” The Medical Board also criticized Rand for his alleged lack of a “coherent treatment plan” for her addictions.

According to that same accusation, Rand also illegally “self-prescribed” controlled substances and dangerous drugs, including sleeping pills, for his own personal use.

Dr. Jerry Rand California Medical Board Documents by LynnKWalsh

Rand is not the only local physician accused of abusing drugs or alcohol or over-prescribing powerful pharmaceuticals to patients. NBC 7 Investigates reviewed every petition for discipline, decision and settlement filed by the Medical Board against San Diego County doctors since January 2011.

The investigation revealed more than one-third of the 111 local doctors targeted by the Board were accused of — or admitted to — abusing powerful narcotics or other controlled substances, including alcohol, or over-prescribing dangerous drugs for their patients.

Prop 46: Possible Solution?

“The incidence of overdose deaths, emergency room visits and addiction problems related to prescription drugs is going up every year,” said Dr. Clark Smith, a psychiatrist and addiction treatment expert. “We need every tool available to us to try and control this."

According to the National Survey on Drug Use and Health, nearly one-third of people 12 and over who used drugs for the first time began by non-medically abusing a prescription drug.

Smith has counseled drug addicts and alcoholics for more than 30 years. He helps professionals from all walks of life, including other physicians. He said there is a need to reduce substance abuse and negligent prescribing of narcotics and dangerous drugs by doctors.

Proposition 46 calls for random drug and alcohol testing of California doctors who work at hospitals or have hospital admitting privileges. It would also require doctors to submit to substance abuse testing if a patient under their care suffers medical harm.

Click here to see the complete voters guide on Proposition 46 from California’s Secretary of State Office.

"If they are having a problem that's out of control, that means their patients are at risk that's out of control," Smith said.

Smith is bucking many of his fellow physicians — and the medical establishment — by supporting Proposition 46.

He compares the current random drug testing of airline pilots, truck drivers and school bus drivers — all occupations involving public safety — to the drug testing that would be required of doctors if the Proposition passes.

Dr. Ted Mazer, a leading opponent of Proposition 46, acknowledges the problem.

“We know there are issues of substance abuse by physicians and other healthcare personnel,” Mazer told NBC 7 Investigates.

Click here to check the status of your doctor’s license.

But Mazer said there's no study showing how often patients are actually harmed by their doctor’s potentially dangerous behavior. He said the hospital-based random drug and alcohol testing proposed is a “poorly designed gimmick” that would have no impact on thousands of doctors who see patients only at their offices.

"Where are the studies to support this, (that) somehow, randomly testing doctors who enter hospitals will address any particular issue?” Mazer said. “That's what we need to look at."

Smith said the testing is inconvenient because physicians already submit to tuberculosis testing, even though the disease is quite rare.

“We get (the TB test) because we don’t want to put our patients at risk,” he said. “That same logic, I think, should apply to drug and alcohol tests.”

Mazer argues requiring doctors to submit to testing after a patient has a bad outcome is bad policy. He said such testing might not happen for days, even weeks, after the patient has suffered an “adverse event” that might be only remotely connected to the doctor’s care.

He said the doctor might be on his day off, away on vacation, or even enjoying a beer at a ballgame when he’s summoned for the mandatory drug and alcohol test.

“It’s illogical,” Mazer said. “What I do today doesn’t mean what I was doing five days ago when I saw the patient.”

Under Proposition 46, the state attorney general would temporarily suspend the doctor’s license if he or she tests positive for drugs or alcohol. The doctor would then have to fight to get their license back.

“You’re presumed guilty, and you’ve got to plead your innocence,” Mazer said. “In which time period you can’t practice medicine or take care of your patients.”

What the files show

In the past four years, 38 local doctors were accused of — or admitted to — abusing powerful narcotics or other controlled substances, including alcohol, or over-prescribing dangerous drugs for their patients.

The Medical Board cited a handful of doctors for both violations: abusing dangerous substances, and over-prescribing or negligent prescribing of controlled substances for patients.

Some of those doctors investigated include:

Dr. Scott Greer, a local gastroenterologist, has a history of DUI arrests and convictions. The Medical Board said Greer left threatening voice mails on a friend’s phone and threatened to “split his head open with an axe.” His license was suspended for 30 days and he is on probation for seven years.
Dr. Jason Lane, with the Southern California Permanente Medical Group, went to work in October 2013 with a blood alcohol level almost five times the legal limit for driving, according to his attorney. Lane collapsed on the job, and was taken to a hospital emergency room, where he was treated for alcohol poisoning. He was later fired. In June of this year, Lane acknowledged that his alcohol addiction makes him a danger to the public, and he agreed to let the Medical Board suspend his license.

The Medical Board’s case against addiction treatment specialist Miles Stanich dates back more than 15 years, and blames him in part for the death of two patients. According to the Board’s accusation, Stanich committed “gross negligence, repeated negligent acts.” He was placed on three years’ probation in 2006, which he successfully completed. But last year, an administrative law judge revoked Stanich’s medical license, citing evidence Stanich had “committed repeated acts of negligence” from 2008-10 involving two additional patients.

Dr. Rand no longer practices addiction medicine in San Diego.

Having been repeatedly disciplined by the Medical Board — which placed him on strict probation three different times, for a total of 17 years during a 24-year period — Rand surrendered his medical license in 2012.

Neither Greer nor his lawyer responded to requests for comment for this story.

Lane’s attorney, David Rosenberg, told NBC 7 Investigates his client began abusing alcohol approximately three years ago, when he tried to “self-medicate” symptoms of PTSD related to his combat service in the Middle East.

Stanich declined to comment for this story, but his attorney, Robert Frank, told NBC 7 Investigates that his client was never accused of any personal drug or alcohol abuse. Frank said Stanich’s patients had “verified pain problems.”

Click here to read more about the accusations against the doctors and see the responses from them and their lawyers.

A tool to prevent “doctor shopping”

Proposition 46 also targets drug-abusing patients, some of whom visit multiple doctors every week — or even every day — to obtain prescriptions for powerful narcotics and controlled substances. If approved by voters, it would require doctors to consult a prescription drug database that tracks a patient's’ prescription history.

In the state database, a physician is able to see if a patient has been “doctor shopping” for dangerous drugs.

“Doctor shopping” is described as the practice of a patient requesting care from multiple physicians, often at the same time, without making efforts to coordinate care or informing the physicians of the multiple caregivers.

If a physician thinks a patient is “doctor shopping,” the doctor could refuse to write them a prescription and instead counsel them about possible addiction treatment.
Mazer said that’s a good theory, but one that fails in the real, work-a-day world of modern medicine.

He said the database is outdated, time consuming “and pretty much non-functional.” Doctors or their assistants must spend many hours online, just trying to sign-up for the system, he said.

“You’re in the emergency room, the doctors are busy taking care of you and other patients,” Mazer said. “Is the doctor going to wait around — or the nurse going to wait around — for a computer program?”

Right now, Smith said only about 9 percent of doctors use the database, called the California Prescription Drug Monitoring Program, CURES.

According to Mazer, California doctors have agreed to pay a special fee to update and improve the database. He said the upgrade will take about 18 months, at which time it might make sense to require all doctors to use the database.

“But if Prop. 46 passes, we have to use it now,” Mazer said. “It ain't ready. It means you (the patient) might not get the medication you need, when you need it. That's not the way we want to practice medicine."

Increase lawsuit payouts

For Proposition 46 opponents the most persuasive argument against the ballot measure is their claim the drug and alcohol testing and the required use of the prescription database are just shills that hide the real objective of the ballot measure, which would also raise the existing $250,000 cap on lawsuit awards for pain and suffering, to more than $1 million.

"The term is a ‘sweetener,’” Mazer said. “It's a deception.”

Mazer said proponents of Proposition 46 claim the ballot measure will improve patient safety and stop drug and alcohol abuse by doctors, but that’s not the case. “It's about masking what they're really after, which is to raise the cap,” on lawsuit awards.

According to Mazer and other opponents, Proposition 46 would result in:
Plaintiff lawyers filing more negligence and malpractice lawsuits against doctors and hospitals, because they can potentially win bigger verdicts and settlements.
Doctors and medical clinics paying more for malpractice insurance and passing at least some of those costs on to patients.
Doctors, especially those with “high-risk” specialties, including neurosurgery and obstetrics, leaving California, or retiring early.

The state of California’s independent legislative analyst said lifting the malpractice cap would increase health care costs for state and local governments anywhere from “the tens of millions of dollars to several hundred million dollars annually.”

But the analysis found those costs would be offset by savings from wider use of the prescription database and substance abuse tests for doctors.

According to the analysis, random drug and local alcohol testing “would deter some physicians from using alcohol or drugs while on duty, and, in turn, result in fewer medical errors. Fewer medical errors would decrease overall healthcare spending.”

It predicts the annual savings “is highly uncertain, but potentially significant. These savings would offset to some extent the increased governmental costs from raising the cap” on malpractice lawsuits.

Regardless of how voters decide on Proposition 46, Spielman’s family said they will continue talking about their daughter’s tragic death, and voicing their strong belief that random drug and alcohol screening for medical professionals and wider use of the prescription drug database can save lives.

“A doctor who’s impaired can kill someone,” said Spielman’s father, Chuck. “We just need to do more to ensure that the health care professionals who care of our loved ones are not on drugs themselves. It’s critical. It must happen.”

Click here to check the status of your doctor’s license.


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SD Doctors Investigated by the Medical Board

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Some medical experts say tragedies like the overdose death of Jenny Spielman and the dangerous and illegal self-prescribing of controlled substances by her then-doctor would be reduced if voters approve Proposition 46 on Nov. 4.

Opponents of the ballot measure disagree and said if Proposition 46 passes it will require unnecessary drug and alcohol testing for doctors. Opponents also claim the measure would increase lawsuit settlement payouts for trial lawyers and patients.

Click here to learn more about Proposition 46.

To determine how many local doctors are accused of abusing drugs or alcohol or over-prescribing powerful pharmaceuticals to patients, NBC7 Investigates reviewed every petition for discipline, decision and settlement filed by the Medical Board against San Diego County doctors since January 2011.

The investigation revealed more than one-third of the 111 local doctors targeted by the Board, were accused of — or admitted to — abusing powerful narcotics or other controlled substances, including alcohol, or over-prescribing dangerous drugs for their patients.

The Medical Board cited a handful of doctors for both violations: abusing dangerous substances, and over-prescribing or negligent prescribing of controlled substances for patients.

Below are examples of some of the Medical Board investigations.

Dr. Scott Greer
Dr. Scott Greer has a history of DUI arrests and convictions and, according to the Medical Board’s accusation, “is an admitted alcoholic and has a long history of alcohol abuse and relapses after seeking treatment for his addiction.”

The Medical Board said Greer left threatening voice mails on a friend’s phone and threatened to “split his head open with an axe.” Greer allegedly followed through on those threats by chasing the man down the street and hitting him with the blunt end of a hatchet. He then smashed the victim’s car twice with the hatchet, “leaving four-inch gashes in his vehicle.”

The allegation also reveals Greer had “self-administered Hydrocodone (a powerful narcotic) that was prescribed to his fiance” and “admitted that he had cheated regularly while in (a) diversion (program for alcohol abuse) by freezing his own urine when he was clean and substituting the urine when providing samples for drug screening.”

Greer admitted his “excessive use of alcohol” posed a danger to himself and the public, and that he had violated other state regulations. He reached a settlement with the Medical Board that suspended his license for 30 days starting Oct. 24, 2014. He will be on probation for seven years.

Click here to read the documents from the Medical Board.

Greer did not return our message seeking comment for this story, but his attorney, David Balfour, said Greer has been “clean and sober since July 2012.” Balfour said Greer takes and passes daily breathalyzer tests and submits to random drug and alcohol testing as required. He also said Greer has had no complaints from patients and has had no malpractice lawsuits filed against him for more than 10 years.

Click here to check the status of your doctor’s license.

Dr. Jason Lane
Dr. Jason Lane arrived at work in October 2013 with a blood alcohol level of at least .39 percent, which is almost five times the legal limit for driving, according to the Medical Board documents and confirmed through his attorney.

Lane collapsed on the job and was taken to a hospital emergency room where he was treated for alcohol poisoning. He was later fired from his job with the Southern California Permanente Medical Group. In June, Lane acknowledged his alcohol addiction makes him a danger to the public. He agreed to let the Medical Board suspend his license.

Click here to read the documents from the Medical Board.

Lane’s attorney, David Rosenberg, told NBC7 Investigates that his client began abusing alcohol approximately three years ago when he tried to “self-medicate” symptoms of PTSD related to his combat service in the Middle East. Rosenberg said Lane has successfully completed an inpatient alcohol treatment program with outpatient “after-care,” regularly attends Alcoholics Anonymous meetings and submits to routine drug and alcohol testing. Rosenberg said Lane is “clean and sober” and hopes to resume his medical practice.

Dr. Paul Frohna
Medical Board documents reveal a local physician with a history of DUIs had to be restrained with handcuffs and shoulder straps during a trans-Atlantic flight after one passenger saw him "lunge at (a) female passenger's breast ... scratch ... spit (and) scream at the top of his lungs."

According to the Medical Board’s accusation, Dr. Paul Frohna took a sleeping pill and drank a double screwdriver during a flight from London to San Diego. The complaint says Frohna had no memory of what happened during the flight, and cites a police report that describes Frohna as “refusing to sit down while the plane was in flight (sic) and stumbling over passengers. He refused to follow the directions of the flight crew and captain and kicked and spat at a passenger who tried to subdue him.”

Frohna, who has a Ph.D. in pharmacology, blamed the incident on a "adverse reaction" to the combination of the sleeping pill and the double shot of vodka. He acknowledged he should not have mixed the two substances.

Click here to read the documents from the Medical Board.

At his Medical Board hearing last year, Frohna “made no effort to excuse his conduct” and “appeared remorseful and contrite … and although reserved, he showed remarkable insight and was forthright.”

The administrative law judge who heard Frohna’s case also noted Frohna is a medical researcher, http://paulfrohna.com/about/ and does not have direct contact with patients. Based in part on those factors, the judge put Frohna on probation for two years, instead of the usual five years, and subjected him to random substance abuse testing.

Frohna and his attorney told NBC 7 Investigates the doctor is in full recovery and other people have similar side-effects when they take Ambien and alcohol together. Frohna’s lawyer said the side effects his client suffered can even happen when Ambien is used alone, without alcohol.


Dr. Miles Stanich

The Medical Board’s case against addiction treatment specialist Miles Stanich dates back more than 15 years and blames him in part for the death of two patients.

According to the Medical Board’s accusation, Stanich committed “gross negligence, repeated negligent acts and incompetence” in his treatment of a patient who had been “found dead, lying on his back, an empty syringe in his hand.” Stanich gave that patient a powerful narcotic (OxyContin), without obtaining a “social, addiction, or psychiatric history, nor did he perform a physical examination.”

The Medical Board also criticized Stanich’s care of a 47-year-old woman found dead in her bed by her son and mother, in September 2000. The Board’s accusation notes that the woman “had been a pain patient of respondent’s since 1991, and had been an addict her whole adult life.”

During a two-year period, Stanich allegedly wrote more than 100 prescriptions for the woman. The prescriptions were for some of the most powerful controlled substances available, including Roxicet, OxyContin and Duragesic.

The accusation also accused Stanich of excessive prescribing, prescribing to an addict, prescribing in the absence of medical indication and failure to maintain adequate and accurate records in his treatment of those two patients.

Click here to read the documents from the Medical Board.

Stanich was placed on three years’ probation in 2006, which he successfully completed, but, last year, an administrative law judge revoked Stanich’s medical license, citing evidence that Stanich had also engaged in repeated acts of negligence from 2008-10 involving two additional patients.

According to that judge, Stanich also “multiple acts of excessive prescribing” and “numerous acts of unprofessional conduct” in his treatment of one or both of those patients.

Stanich declined to comment for this story, but his attorney, Robert Frank, told NBC 7 Investigates that his client was never accused of any personal drug or alcohol abuse. Frank said Stanich’s patients had “verified pain problems” and that the doctor “differs in his philosophy about patient rights to be pain-free, from the Medical Board’s philosophy.”

Click here to check the status of your doctor’s license.

Dr. Bradley John Schnierow
Alleged over-prescribing and illegal prescribing — combined with illegal personal use of narcotics and dangerous drugs  prompted state prosecutors to file criminal charges this year against Dr. Bradley John Schnierow. He had an office on the Scripps’ Memorial Hospital campus in La Jolla.

According to that felony complaint and a declaration prepared by a federal Drug Enforcement Administration (DEA) agent, Schnierow wrote 73 prescriptions for controlled substances and other drugs for a female patient whom he allegedly started dating shortly after her first office visit.

Click here to read the documents from the Medical Board.

That declaration also notes that a former employee of Schnierow had reported that Schnierow “was abusing drugs and acting erratically” and he had “provided DEA investigators photographs of what appeared to be lines of white powder on Dr. Schnierow’s office desk.” Schnierow’s landlord also told the DEA that Schnierow was evicted from his office “because he was not paying his rent …” and “… his behavior was ‘irrational.’”

On July 11, the District Attorney filed an 18 count felony complaint against Schnierow and his then-girlfriend, accusing them of obtaining prescriptions by fraud or deceit, possession of a controlled substance, insurance fraud and other crimes.

One month before those charges were filed, Schnierow agreed to let the Medical Board suspend his medical license indefinitely and prohibit him from practicing medicine in California.

Schnierow has pleaded not guilty to the criminal charges. His preliminary hearing is scheduled for Nov. 19. Schnierow’s lawyer did not respond to our request for comment on the case or his client’s suspension from practice. Schnierow could not be located.

Dr. Brandon Ross
According to the Medical Board’s accusation, Dr. Brandon Ross, a hair-transplant specialist in La Jolla, was stopped by police in October 2011 after his estranged wife reported he had threatened to kill himself.

Officers searched Ross’s car, where they found a loaded gun on the passenger seat and extra ammunition. In the trunk, officers found a backpack filled with more than $25,000 in cash, four pills containing Hydrocodone (a powerful and addictive narcotic), hypodermic needles and the tubes and plungers used with those needles.

According to the accusation, Ross “admitted he had consumed two bottles of wine the night prior and about a ‘quarter of an eight ball of cocaine around 6 this morning.’” Ross told the Police Department’s Psychiatric Emergency Response Team he had consumed another gram of cocaine and two more bottles of wine early that afternoon.

Ross also admitted ordering almost 7,000 doses of a powerful pain killer, "for his personal use" ... and taking "20 to 30 tablets ... every evening."

Click here to read the documents from the Medical Board.

In August 2012, the Medical Board suspended Ross’s license for four months and placed him on probation for 10 years. Ross agreed to surrender his DEA permit and stop prescribing any controlled substances. In addition, the doctor promised to “abstain completely from the personal use or possession of controlled substances” and alcohol, and submit to drug and alcohol testing.

But in October 2013, the Medical Board stepped in again, ordering Ross to immediately stop practicing medicine because he failed to submit to substance abuse testing and he had admitted he’d been drinking again.

One month later, in November 2013, Ross surrendered his medical license, without contesting the Medical Board’s allegations.

Neither Ross nor his attorney, at that time, responded to our repeated requests for comment on his case.



Photo Credit: Stock Image

Day Care Owner Arrested in Infant's Death

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A home day care owner has been arrested in the mysterious 2012 death of an infant in his care.

San Diego Police say James Patrick Nemeth, 38, has been booked into jail on suspicion of murder charge more than two years after baby Louis "Lou" Oliver died.

The 11-month-old was alert and healthy when his mom dropped him off at the San Diego Daycare, also known as the James Nemeth Family Childcare, in Clairemont on May 23, 2012.

Just a few hours later, Lou's mother Cristina Oliver got an alarming text message from Nemeth telling her to "come quickly, Lou did not wake up from his afternoon nap," Oliver told NBC 7 in February.

Lou was rushed to Rady Children's Hospital by ambulance, but at 1:30 a.m. the next morning, he was declared dead.

Three months later, after an autopsy had been performed and analyzed, the San Diego County Medical Examiner's Office ruled Lou's death a homicide, stating he suffered head and spine trauma.

The report states injuries were consistent to "shaken baby syndrome." 

Nemeth moved from his Clairemonth home and day care shortly after the death. The state of California later decided to shut down his San Diego Daycare facility, a move Nemeth appealed.

The suspect was arrested on Thursday, Oct. 30 at about 3:30 p.m. and was booked into County Jail.

NBC 7 Investigates reported that before Lou's death, Nemeth had a lengthy history of serious violations, including allegations that he was physically rough with his own child.

It's unclear if the suspect has obtained an attorney. However last November, Nemeth emailed a statement to NBC 7, saying in part: "I cared for Louis, he was an amazing child. I tried everything I could to save him and the fact I failed is something that will be with me forever."

$13.5M Awarded to Bible Teacher's Alleged Abuse Victim

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A $13.5 million judgment was awarded Wednesday to a San Diego man who says he was the childhood victim of “very aggressive abuse” at the hands of his Bible study teacher.

Jose Lopez, now 35 years old, came forward as one of eight children who accuse Gonzalo Campos of sexually abusing them between 1982 and 1995, according to his lawsuit.

Campos served in the leadership of the Linda Vista Spanish Congregation of Jehovah’s Witnesses and Playa Pacifica Spanish Congregation of Jehovah’s Witnesses in Pacific Beach, Lopez’s attorney Irwin Zalkin told NBC 7.

In about 1986, when Lopez was 7 years old, Campos was first introduced and portrayed to him as a fatherly figure who could teach him about the Bible.

Instead, the accused perpetrator used his position and time alone with Lopez to groom him, according to Zalkin.

"After a period of grooming him, which Campos was very adept at, one day he took him and he seriously molested him in a private residence," he said.

The attorney believes Campos would take his victims to a home his mother cleaned in La Jolla.

Although the alleged molestation happened on one occasion, the high amount awarded by a judge reflects the severe consequences Lopez has faced as a result, including post-traumatic stress disorder, addiction and trust issues, Zalkin explained.

But the lawsuit does not seek damages from Campos himself, or even the Linda Vista congregation.

Instead, it names the defendant as the Watchtower Bible and Tract Society of New York, the entity that oversees Jehovah’s Witness churches.

Zalkin said $10.5 million of the amount was for punitive damages as a result of the Watchtower’s response to the Campos scandal.

"Damages that reflect the reprehensible conduct of the Watchtower in how they covered this up for years and allowed multiple children to be injured,” said Zalkin. “They protected and harbored a criminal."

The Watchtower told NBC 7 it plans to appeal the judgment, saying the award given after a hearing at which it was barred from participating.

“Jehovah’s Witnesses abhor child abuse and strive to protect children from such acts,” the organization said in a statement. “The trial judge’s decision is a drastic action for any judge to take given the circumstances of the case. We will seek a full review of this case on appeal.”

As for Campos, Zalkin said he is in Mexico, where he moved as soon as they started investigating this case.

$1,000 Reward Offered in Ocean Beach Hit and Run

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Police are offering a reward of up to $1,000 for the arrest of a suspect who hit and seriously hurt a bicyclist in Ocean Beach and then sped off.

Katie Connor was struck by a hit-and-run driver around 1:20 a.m. on Oct. 12. She was riding her red bicycle home from work at a pizza restaurant on West Point Loma Boulevard going toward Sunset Cliffs Boulevard.

Connor suffered a serious traumatic brain injury and was treated at UCSD Medical Center in Hillcrest. Part of her skull had to be removed because of brain swelling.

Her father told NBC 7 her recovery has been a "miracle." She was able to ride a stationary bike for the first time on Wednesday.

Her parents, who live in Baltimore, have been by her side since the accident.

"Katie is alert. She speaks to us every day," dad Michael Connor said. "She's been doing very well in her physical therapy and we're confident in Katie's recovery."

Police believe the hit-and-run motorist was driving a 1980s white or cream colored Ford F150 truck a rust colored shell, according to a San Diego Police Department news release.

The truck may have damage to the driver’s side door and left fender, police said.

Anyone with information should call the police department’s traffic division at 858-495-7800 or the Crime Stoppers anonymous tip line at 888-580-8477.



Photo Credit: Connor family

Apple CEO Tim Cook: "I'm Proud to Be Gay"

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Apple CEO Tim Cook spoke out publicly about his sexuality in an op-ed for Bloomberg Businessweek, saying, "I'm proud to be gay" and that he hoped to inspire others.

"While I have never denied my sexuality, I haven’t publicly acknowledged it either, until now," Cook said in the article, entitled "Tim Cook Speaks Up" published on Thursday. "So let me be clear: I’m proud to be gay, and I consider being gay among the greatest gifts God has given me."

Cook, who was named CEO in August 2011, has never publicly acknowledged his sexual orientation, but he said many of his colleagues at Apple already knew. He said the choice to come out wasn’t easy as privacy is important to him, but he hopes his public declaration helps others.

“I don’t consider myself an activist, but I realize how much I’ve benefited from the sacrifice of others,” Cook wrote. “So if hearing that the CEO of Apple is gay can help someone struggling to come to terms with who he or she is, or bring comfort to anyone who feels alone, or inspire people to insist on their equality, then it’s worth the trade-off with my own privacy.”

Although Cook had never acknowledged he is a gay man, he spoke out against discrimination against the LGBT community in the past.

In June, he tweeted his support for the White House’s decision prohibiting federal contractors from discriminating on the basis of sexual orientation and gender identity, calling it “a matter of basic human dignity." And in February, he applauded a coach of his hometown college football team for saying he would welcome a gay player on the team.



Photo Credit: Getty

More Yellow Fever Mosquitoes Found in San Diego County

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More “yellow fever mosquitoes” have been found in San Diego County, this time in Chula Vista where a man was bitten by one of them.

The rare mosquito was first spotted in offices on Naval Base San Diego earlier this week, according to county environmental health officials.

Health officials reported on Thursday that they found two more of the Aedes aegypti mosquitoes in a Chula Vista home. A man told health officials that one of the black-and-white striped mosquitoes bit him.

Health officials said that while the mosquitoes could become dangerous if established in an area, they don’t suspect any risk to anyone bitten by one of them, including the Chula Vista resident.

The tropical disease that the mosquito is best known for carrying are rarely seen here: yellow fever, chikungunya and dengue fever. There hasn’t been an outbreak of yellow fever in the United States in more than a century, according to the county.

County vector control teams were setting traps in the area of the Chula Vista home to determine if there are more mosquitoes. They were also delivering fliers to residents in surrounding neighborhoods telling them about the Aedes aegypti mosquitoes.

Yellow fever mosquitoes are more common on the East Coast but started appearing in California in 2013, officials said. The mosquitoes have recently been found in Commerce and Pico Rivera in Los Angeles County.

Unlike native California mosquitoes, these insects feed during the day. They can breed almost anywhere there’s standing water, including indoors, according to the county.

To help prevent mosquito breeding, the county is urging residents to dump out anything that can hold water – such as plant saucers, buckets or wheelbarrows – and report any standing water or dead birds to Vector Control.

To find out more ways to prevent the breeding of these mosquitoes, go here.



Photo Credit: County News Center

Credit Card Parking Meters to Replace Coin Meters

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You will no longer have to fish for change when parking downtown.

Starting this week, 200 credit card-reading smart meters will replace coin operated- parking meters. The smart meters are first being installed in the Gaslamp Quarter and then to other areas downtown, said San Diego City Council President Todd Gloria.

Uptown and mid-city meters will follow, set to be installed by early next year.

When all the dust settles, about 97 percent of the city’s meters will be replaced.

As crews finish up the installations, the city will begin providing the option of payment on your cellphone through a pilot project, Gloria said.

The city’s $38 million contract for the meters was one of the former interim Mayor Todd Gloria’s projects before he left office this year.

Gloria said that since the meters are computer programmed, the city could theoretically adjust parking rates based on the time of day and the demand – or lack thereof – of parkers.

“They’re able to be programmed remotely and we could drop rates on a slow Tuesday morning when we shouldn’t be charging anyone because there is no customer demand,” he said. “These meters allow for that level of flexibility, so it’s possible you could see a lower rate because of the meters.”

The problem is that possibility to go either way and could drive up prices during peak times and special events.

Parking officials said there are currently no proposed changes to parking rates.

Caught on Cam: Bagged Burglar Smashes Into Salon

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A man draped in plastic bags to conceal his identity was caught on camera smashing through a downtown salon's glass front door to burglarize it.

Surveillance video shows the masked intruder as he throws a metal object through the door to the Luxe Lounge and Spa off Market Street.

Within seconds, he is seen at the reception desk, grabbing papers and the Apple computer monitor. The salon’s owner says the burglar also got away with one of their iPads, getting in and out within about 60 seconds.

The suspect was wearing black trash bags over his clothes and had light-colored clothes over his face.

Manager Klaudia Szestowicka, whose mother owns the salon, told NBC 7 it will be hard to identify the bagged burglar because “most of his face is covered. You can see his eyes; you can tell he has a shaved head. That’s pretty much it. Most the rest of him is covered.”

She said they got a call from police at 2 a.m. Thursday and came to the Gaslamp District business to find shattered glass everywhere.

Toward the end of the video, another man is seen walking by the store as the intruder takes off. Szestowicka and her mother are hoping someone saw something that will give them a clue as to whom the suspect is.

In the meantime, they spent the day cleaning, working with police and dealing with insurance issues.

“Obviously there’s a little bit of anger. We wish it didn’t happen, of course,” said Szestowicka. “It’s not going to stop us. We’re still going to stay in business. We’re open today.”

They will be doing some reorganizing to ensure valuables like computers and other possessions cannot easily be seen from the street.

The salon does not have an alarm, but Szestowicka said getting one installed is now their top priority, after they get a new front door.



Photo Credit: Luxe Lounge and Spa

Missing Chula Vista Boy Found

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Chula Vista Police have found the missing 12-year-old boy who ran away from home.

At about 8:30 p.m. Wednesday, police say the boy was confronted by his mother outside their home in the 300 block of Vance Street in Chula Vista.

The mother told officers they were arguing about her son not coming inside the apartment when told, and he was upset his mother stopped him from going to the mall with friends.

The 12-year-old ran off during the argument.

According to police, his mother searched around their home and contacted his friends, but she could not find him.

She did not notify police until 8:30 the next morning when the boy still had not returned home or gone to school.

His mother told police this is the first time he has run away.

Finally, the 12-year-old was found just after 7:15 p.m. Thursday.



Photo Credit: NBC 7

Man Tries to Attack Officer With Ax

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In a brazen attack, a man wielding an ax tried to hurt a D.C. police officer early Friday morning, striking his vehicle and getting into a struggle with the officer.

The officer wasn't struck by the ax, but he was injured in the altercation that followed as he tried to tackle the assailant.

The suspect got away, said D.C. police.

It happened shortly before 3:20 a.m. Friday, as an officer with the city's Fifth District was patrolling in a marked squad car in the 3800 block of 13th Street NE. The officer noticed what police called a suspicious person, who avoided the officer by entering an alley. The officer followed in his car, where he was ambushed by the man with the ax, police said.

The ax shattered the car's window, and the officer got out of his car and chased the man.

In a brief struggle that followed, the officer suffered a dislocated shoulder and injured knee. He was not injured by the ax.

The officer was taken to a local hospital and is expected to recover.

Police K-9 units tracked a suspect to the 1000 block of Perry Street NE, near Michigan Avenue, but have not found him.

Neighbors who usually describe the area as pretty quiet are horrified.

"Yeah, I did hear a yell. I heard a scream," said nearby resident Christopher Niosi. "I have a seven-car garage back year. I'm wondering if they tried to get in."

Niosi's backyard stretches to the alley where the officer got out of the cruiser and struggled with the suspect.

"Sadly, it's a comment on society today, you know?" Niosi said. "You're in the city, you know? Sad to hear it."

A motive in the attack remains unknown, D.C. Police Chief Cathy Lanier said. She said in a release that authorities have been urging members of the police force to remain vigilant at all times.

"While we do not have any information at this point on the motivation surrounding today's attack, this situation underscores the need to always maintain a very high level of situational awareness while we are working," Lanier said in a release. "Recent incidents targeting uniformed law enforcement officers in Quebec, New York City, and now to one our own here in Washington, D.C. are reminders that we must always be ready for any eventuality."

Officers were going door- to-door in the area, searching for the suspect. The assailant will face felony assault charges once apprehended.

The incident comes just days after two NYPD officers were injured in an attack by a man with a hatchet in Queens, reported NBCNewYork.com.

A $10,000 reward is being given for information that leads to an arrest in the D.C. incident.



Photo Credit: Courtesy of a law enforcement source
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Nurses Plan Strike Over Ebola Protections

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National Nurses United, fed up with what they call a lack of Ebola protections at hospitals across the country, plan to hold a day of action on Nov. 12.

Kaiser nurses said they will take it a step further by holding a two-day strike, which is expected to garner about 18,000 nurses from 21 Northern California medical centers to walk the picket line.

"Nurses are incredibly concerned," said Katy Roemer, a Kaiser nurse. "We are being asked to care for patients potentially with a deadly virus and put our lives on the line."

Nurses are demanding hospitals provide training and protective equipment for treating patients with Ebola.

"We feel given the risk to us these are really basic issues and there should not even be a discussion," Roemer said. "We feel like it should be a no-brainer."

Gay Westfall, senior vice president for Kaiser Foundation Hospitals, provided the following statement in response to the planned strike:

"The claims CNA is making about Kaiser Permanente's Ebola preparedness, in an attempt to justify a strike, are simply untrue. CNA is well aware of Kaiser Permanente's comprehensive and thorough training and preparation for Ebola."



Photo Credit: NBC Bay Area

USS Sampson Departs San Diego

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NBC 7's Elena Gomez reports from Naval Base San Diego where she talked with families of the crew aboard USS Sampson as they are getting ready to say 'good-bye' to their loved ones.

VP Joe Biden Arrives in San Diego for Fundraiser, Event

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Vice President Joe Biden has touched down in San Diego, on his way to show some late-hour support for Democratic candidates in Southern California.

Friday, the vice president flew from San Bernardino to Lindbergh Field, where the FAA had issued a temporary flight restriction to make way for Air Force 2.

Just four days before the mid-term election, Biden’s first stop will be a private fundraiser in La Jolla on behalf of the Democratic National Committee.

To prepare for his arrival at a home on Soledad Avenue, no parking signs have been set up for blocks around it, and at least 20 California Highway Patrol motorcycle officers were seen staging in the area.

Many in La Jolla had no idea what was happening.

"I came to the stop sign and said, 'Holy cow, 15 motorcycle officers?' I was like, 'What's going on? Is like Obama coming?' And they wouldn't answer me," said resident Tom Grunow.

Biden will spend the night in San Diego to prepare for a “Get Out the Vote” event for Congressman Scott Peters Saturday morning in Kearny Mesa. No more tickets are available for the event, according to Peters' spokesman Alex Roth.

Peters is in one of the closest Congressional races in the country against former City Councilmember Carl DeMaio.

A spokesman for DeMaio, who garnered support thanks to a visit from House Speaker John Boehner earlier this month, released this statement upon hearing about the vice president’s trip Thursday:

“Obama is rewarding Congressman Scott Peters with a visit from the Vice President because they know he has served as a rubber-stamp for this Administration’s failed policies.”

After appearing in Kearny Mesa, Biden will travel to San Bernardino for a “Get Out the Vote” rally at noon for Redlands Mayor Pete Aguilar, the Democratic candidate for California’s 31st Congressional District, and State Senator Alex Padilla, the Democratic candidate for Secretary of State.



Photo Credit: NBC 7

Ryan Mathews Practices, Won't Play Sunday

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The Chargers got some promising news in their banged up backfield as starting running back Ryan Mathews practiced with the team on Friday.

Unfortunately, it won’t translate into help on the field Sunday, as Mathews won’t suit up when the Bolts travel to Miami to face the Dolphins.

He hasn’t played since leaving with a knee sprain in Week 2. But the news is encouraging as we look forward the stretch run.

“It was fun and just felt good to be out there again with the guys,” Mathews said.

The running game has struggled at times without Mathews, as well as Danny Woodhead – who was lost for the season on the first play of Week 3 to a knee injury.

Since then, the team saw undrafted rookie Branden Oliver rush for back-to-back 100-yard games. He leads the team with 352 yards on the ground, but the Bolts still rank 30th in the league, averaging just 85.8 rushing yards a game.

Donald Brown has had opportunities to take over the lead role, but is averaging just 2.1 yards on 59 carries this year.

Expect Oliver and familiar face Ronnie Brown – who signed with the Houston Texans in the offseason only to rejoin the Chargers a few weeks ago – to get a majority of the workload again on Sunday, as the team waits for Mathews to get back into game action.



Photo Credit: Getty Images

Hash Oil Lab Behind Building Blast?

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A powerful blast and two-alarm blaze that tore through a Walnut Creek apartment building Friday morning, critically burning two people and causing its roof to collapse, resulted from a marijuana and
hash oil drug extraction manufacturing process, police said.

"It was an incredible explosion, one I've never seen before," said Bob Grossman, who lives a block away from the six-unit building at 1564 Sunnyvale Avenue. "It shook our windows, and knocked over our windows."

The blast was reported just after 10 a.m. and sent two male burn victims to the hospital with critical burns, Contra Costa County Fire Protection Service Capt. Kent Kirby said.

Initially, Kirby said one person might be unaccounted, but he said later a search turned up nothing.

Officials said during the initial investigation after the blaze they found burned and exploded butane canisters, which clued them to a possible hash oil lab.

"We have strong evidence that what resulted in the fire, the injuries and the explosion was a butane hash oil extraction process," fire investigator Vic Massenkoff said. The volatile process uses butane as a solvent to "take out THC, the active ingredient in marijuana, into a very concentrated form."

“The serious danger is that, as they’re using this butane, raw butane vapors are spewing out into the room they’re in,” Massenkoff said. “Butane vapors are like gasoline vapors. They’re heavier than air; they sink to the ground and look for an ignition source. Something as simple as a spark of static electricity can ignite butane vapors.”

Less than 45 minutes after the powerful blast, the two-alarm fire was out, but Kirby said the two-story building was unstable and could collapse. Glass was shattered along the sidewalk for blocks.

Grossman told NBC Bay Area he helped rescue an older woman from a pile of debris.

"I saw the two burn victims and elderly woman yelling to get out of the lower apartment," Grossman said.

He and two others said they lifted away shattered wood and windows to get to her door with the fire right above her head before fire crews arrived.

"We were able to get her out of there," he said.

Bay City News contributed to this report.



Photo Credit: Jodi Hernandez

Cop Stole Topless Arrestee Pics: DA

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A California Highway Patrol officer is facing felony charges for allegedly stealing explicit photos from the phones of women he arrested.

Dublin-based CHP Officer Sean Harrington is charged him with two counts of computer data theft. He sent the pictures to at least two fellow officers as part of what he called a “game,” according to court documents.

Contra Costa deputy district attorney Barry Grove said Friday the two counts stem from two separate incidents that took place in August. "Obviously, something harmful was done,” Grove said. “This was an extreme invasion of privacy to these young women.”

Harrington's attorney, Michael Rains, agreed.

"This behavior is really not defensible,” Rains said. “It is impulsive, immature and inappropriate in every sense of the word.”

Harrington realizes his actions have tarnished the badge and submitted his resignation on Wednesday, Rains said.

"You talk about paying the price for something you once called a game. You can't pay too much of a price for that, and frankly, it's not over," said Rains, adding that his client is sorry for his actions and wants the women victimized to know that.

Attorney Rick Madsen, who represents the alleged 23-year-old victim, said he doesn’t buy it. “He's sorry he got caught," he said.

Rains said Harrington has admitted he stole explicit photos from the phones of up to a half-dozen arrestees. Search warrant documents detail text messages sent between them: "Her body is rocking," states one. Another reads: “Taken from the phone of my 10-15x while she's in X-rays. Enjoy buddy!!!”

"The women who were victimized by this deserve to be angry and upset because it's not a game, it's a serious matter,” Rains said.

Defense attorneys across the East Bay are shaking their heads as details continue to emerge about the alleged scheme to steal nude photos from arrestees’ cell phones and then text them to other officers.

“It's far from a game,” Oakland-based DUI attorney Francisco Rodriguez previously told NBC Bay Area. “It's a betrayal of the public's trust."

Attorney Rick Madsen, who represents the alleged 23-year-old victim, said last week the officers' communications were "dehumanizing'' and "horribly offensive'' to his client and all women, saying, "It's going to lead to another level of mistrust and skepticism to the motive of law enforcement in general.'

The other two officers who Harrington claims took part in the alleged “game” will not be charged at this point, prosecutors said.

Harrington’s attorney said his client will turn himself in Monday morning, when he is due to be arraigned.'



Photo Credit: NBC Bay Area
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