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Westview High School on Lockdown

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Westview High School was locked down as a precaution Monday after a bomb threat was reported.

San Diego Police and Harbor Police responded just before 11 a.m. after a written note was discovered indicating there was a bomb on campus.

The campus is located on Camino Del Sur north of State Route 56 and east of Interstate 15 in the community known as Torrey Highlands.

Administrators requested the explosives K-9 team from Harbor Police to help sweep the school.

Nothing has been found, officials said.

No injuries were reported.
 


NYPD to Stop Minor Pot Arrests

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Many New Yorkers facing low-level marijuana charges will soon be issued summonses instead of being taken to precinct houses in handcuffs, department brass said Monday.

Police Commissioner Bill Bratton said that the official change to the city's marijuana policy will be issued Tuesday and will take effect Nov. 19. Under the policy change, people caught with less than 25 grams of marijuana on them "may be eligible" to receive a $100 summons in lieu of being arrested.

Bratton said the policy change saves money on overtime and allows officers to focus on fighting other crimes. 

Individuals caught burning or smoking cannabis will still be subject to arrest, Bratton said. A person who has an active warrant out for his or her arrest or cannot produce proper identification may also be arrested for minor pot offenses.

The decision represents a major shift in policing in New York City, where officers have arrested tens of thousands of people yearly on minor marijuana possession charges, and comes as Mayor de Blasio meets with the city’s five district attorneys for the first time since taking office in January.

According to The New York Times, about half of the people arrested on marijuana charges under current policies are released with an appearance ticket after being fingerprinted and checked for open warrants. The other half remain in police custody until they can appear before a judge for an arraignment hearing.

As many as 50,000 people a year were arrested on low-level marijuana charges during the Bloomberg administration. The number of people arrested fell to about 28,000 in 2013, with arrest totals forecast to again hit that number this year Blacks and Latinos disproportionately make up for the number of people arrested, with about 86 percent of those cuffed on low-level pot charges from January to August coming from those two racial groups.

The policy shift would follow Brooklyn District Attorney Kenneth Thompson’s decision to stop prosecuting minor marijuana possession charges. The Times reports that Thompson’s office has dismissed 849 of the borough’s 2,526 misdemeanor pot cases since he announced the change in July.

De Blasio campaigned in 2013 on reforming the NYPD, criticizing the department’s marijuana arrest policies along with other heavy-handed policing practices, like stop-and-frisk. 

Prop 47: Nearly 5000 Petitions for Early Release

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Thousands of cases are already under review in San Diego as a result of the voter-approved Proposition 47.

Across the state, law enforcement officials immediately began implementing the ballot measure which calls for treating shoplifting, forgery, fraud, petty theft and possession of small amounts of drugs, including cocaine, heroin and methamphetamine, as misdemeanors instead of felonies.

The state corrections department began notifying nearly 4,800 inmates in California prisons that they can petition judges to have their felony convictions and sentences reduced. Convicts serving time for the felonies in local jails can also petition for release.

Nearly 5000 petitions were submitted Friday by attorneys with the San Diego County Office of the Public Defender.

The petitions represent individual cases not defendants. Attorneys estimate 1800 offenders were connected to the petitions under review.

Each petition will be processed by the court and then forwarded to the San Diego County District Attorney’s Office for review. Hearings could begin as early as Nov. 17.

Prosecutors will consider if the charge is one that applies under the newly approved law. They will also take into consideration if the defendant is still considered a threat to society.

Officials say the offender may have other charges that would keep them from being released.

The District Attorney’s Office said the petitions submitted were just for those offenders who are currently in custody. Once offenders on parole and PRCS are taken into consideration, the office could be considering thousands more.

Proposition 47 intended to save hundreds of millions of dollars a year in reduced prison and jail costs.

The initiative is projected to keep about 4,000 inmates out of state prisons each year, more than enough to help the state meet a population cap ordered by federal judges.
 



Photo Credit: AP

Weekend Events for Nov. 13-16

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Are you a little bit country, or a little bit rock ‘n roll? Either way, there’s something happening this weekend in San Diego that will be music to your ears.

Thursday, Nov. 13

Glow For It!
5:30 p.m. – 8 p.m. at Road Runner Sports in Carlsbad
Is it dark when you leave work? No worries. Runners in neon and glow-in-the-dark gear will light up the night at this fun run. One of the highlights is an after-party at BJ’s Brewhouse. The event benefits three awesome charities: the American Liver Foundation, Be The Match and Frundraise.

Friday, Nov. 14

Tattoos and Scrimshaw – The Art of the Sailor
All day at the Maritime Museum of San Diego
Tattoos are synonymous with sailors, but the relationship goes further back than you might think. In fact, these designs – whether inked into the skin or carved into a whale tooth – can teach us a lot about maritime culture and traditions. Unlike tattoos, this exhibit isn’t permanent – it runs through January – so don’t miss your chance to see it.

SoundDiego Suggestion: David Wax Museum
8:30 p.m. at Soda Bar
See statues come to lyrical life when David Wax Museum plays Soda Bar on Friday. Their blend of Americana and Mexican folk music delivers a raw, stomp-worthy performance.

Saturday, Nov. 15

San Dieguito Art Guild’s Holiday Bazaar
10 a.m. – 4 p.m. in Encinitas
Whether you’re looking for new holiday décor to spruce up your home or one-of-a-kind gifts for everyone on your list, look no further than the 4th Annual San Dieguito Art Guild’s Holiday Bazaar. The Guild offers community art classes, workshops and demonstrations, so you’re also giving back to a worthy cause.

Gaslamp Rodeo
5 p.m. – 9 p.m. in the Gaslamp Quarter
Howdy, partners! Mosey on down to the Gaslamp Saturday night for a rootin’ tootin’ good time. Your ticket gets you one drink at each of the five participating watering holes (Whiskey Girl, Double Deuce, Tin Roof, Lucky Bastard Saloon and Coyote Ugly.) This hoedown features live music, hourly Daisy Dukes competitions and, of course, mechanical bull riding.

SoundDiego Suggestion: Iration
After the last race at 4 p.m. at the Del Mar Fairgrounds
Get closer to Jah with Iration during Reggae Fest at the Del Mar Racetrack on Saturday. Vokab Company joins the show for the inaugural fall season at the races.

Sunday, Nov. 16

Last Day of San Diego Beer Week
All day at various locations across the county
All good things must come to an end, and San Diego Beer Week is no exception. Luckily, this 10-day celebration of craft beer is going out with a bang. Multiple events are scheduled for Sunday, including “Ballin’: Brunch and Brews” at 9 a.m. at Draft in Pacific Beach and “Pizza Port and Football” at 10 a.m. at the Regal Seagull in Encinitas. Cheers until next year!

SoundDiego Suggestion: The Misfits
7 p.m. at House of Blues
There are famous monsters among us as the Mistfits make the House of Blues scream on Sunday. A mutant reincarnation of itself, long past the Danzig era, the iconic grim-punk band give San Diego yet another last caress.



Photo Credit: Getty Images
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Man Catches Fire Atop Train, Dies

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A 21-year-old man died after catching fire on top of a New York City-bound Metro-North train in Connecticut, authorities said.

Officials with the MTA said the Ohio man, Brian McClellen, was found on fire atop the train shortly after 5 a.m. Sunday in Greenwich. Crew members were trying to figure out why the train lost power when they found him.

McClellen likely caught fire while being electrocuted after a pantograph -- a mechanical arm on top of the train that collects power from the overhead wires -- came down on him as the train entered the station, the MTA police said.

MTA spokesman Aaron Donovan says crew members doused McClellen with a fire extinguisher. He was taken to Westchester Medical Center, where he later died.

Greenwich police said McClellen jumped onto the train while it was in motion. It had been carrying about 20 passengers; they got off and took another train to New York. 



Photo Credit: NBC 7 San Diego

Accused Phone Thief Out on Bail

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A 26-year-old man was freed on bail after appearing in court in Boston on Monday, days after police released now-infamous surveillance video they say shows him taking a woman's cell phone just after an MBTA train hit and killed her.

Josue Gonzalez of Brockton, Massachusetts, was charged in Boston Municipal Court with a single count of larceny. He had turned himself and the phone in to authorities over the weekend after the video was released.

Police say the woman's phone flew out of her hand and onto the platform at Boston's Downtown Crossing when she was hit. Moments later, they say, Gonzalez feigned horror before picking the phone up for himself.

Gonzalez has no criminal history, and a not guilty plea was entered in court on his behalf.

He pulled a hood over his head outside court Monday and refused to speak with a reporter.



Photo Credit: MBTA Transit Police Department

Caught on Cam: 2 Injured in Trolley Stabbing

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A violent fight on the San Diego trolley closed one station late Sunday and left a “bloody mess” inside one of the cars, San Diego police said.

A man pulled out a knife during an argument with a group of four men, stabbing two of them. The attack occurred as the trolley approached the 47th Street station on the Orange Line around 9 p.m.

The suspect fled from the 47th Street station.

Two people were treated at the scene and then transported to a nearby hospital. One of the victims was stabbed three times, suffering wounds in the torso and wrist. A second victim was stabbed once in the chest, officials said. Their wounds were described as not life-threatening.

Monday morning, investigators were checking on the report of a possible third victim at Paradise Valley Hospital.

The suspect has been described by officials as Caucasian, 25, with dark, shoulder-length hair and a tattoo of a triangle under his eye. He was wearing a black shirt and black skinny jeans.

A video posted to YouTube showed the altercation. The video was later disabled by the owner.

The footage showed passengers screaming and trying to move away from the fight, which Rob Schupp with the Metropolitan Transit System says was the right thing to do.

"I think the passengers did what they should have done in that instance, and that's stay away from it. Don't try to break it up," he said.

Schupp says there is a red button trolley passengers can push to talk to the driver, who can then call Central Control to get security at the next station. Officials say the policy is not to stop between stations because there is nowhere for people to get off safely and no way to get help.

Anyone with information about the incident can call San Diego County Crime Stoppers at (888) 580-8477.


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Cop Thanks Hero Teen Who Saved Him

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A Philadelphia police officer is thanking the heroic high schooler who pulled him from his cruiser after it burst into flames.

"He's my hero, by far," said Officer Mark Kimsey. "If he wouldn't have pulled me out of that car, I'd still be sitting in it." 

Kimsey, 30, was released from the hospital Monday after he was hurt in the fiery crash over the weekend. The married father was responding to a priority call around 5:25 p.m. Saturday when a Toyota pickup truck collided with his cruiser at the intersection of 28th and Tasker streets, police said.

The force of the crash left Kimsey trapped inside as the police cruiser burst into flames.

Seeing the flames grow around the officer, Joe Chambers, a 17-year-old volunteer firefighter with Leedom Fire Company in Delaware County, and his neighbor, 24-year-old Dante Johnson, rushed over to help.

"I saw that it was a cop car," Chambers said. "Right then, I just started sprinting and did what I had to do."

Chambers and Johnson pulled Officer Kimsey from the window of his burning car.

"The door was slammed," Chambers said. "It was dented and wouldn't open. The car caught fire. He said he couldn't feel his legs. We had to drag him through the window, and he was ready for it."

As the two good Samaritans pulled the officer to safety, other witnesses pulled the injured driver from the pickup truck.

Officer Kimsey and the pickup truck driver were both taken to the Hospital of the University of Pennsylvania for treatment. Kimsey suffered trauma to his head from the airbag deployment and burns to his legs.

Chambers also suffered minor injuries and was taken to the Children's Hospital of Philadelphia. Later Saturday night, he visited Officer Kimsey and the two posed for a photo.

"It felt great just to see that he was OK,'' the Ridley high school senior said of Kimsey. "He said, 'I can't thank you enough.' I was like, 'You don't have to, it's fine.' I would do it any day of the week if I had to.''

Kimsey left the hospital Monday evening and arrived at 17th District headquarters to file paperwork on the crash. Kimsey told NBC10 he's unsure when he'll be cleared to go back to work but felt grateful and lucky to be alive. He also thanked Chambers and Johnson for saving his life.

"I told him I owe him a steak dinner or something," Kimsey said. "I'll have to take him out." 

The 52-year-old driver of the pickup truck also suffered head trauma and is listed in stable condition, police said. Police had originally said the driver of the pickup truck had fled the scene, but later corrected that report.


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NBC 7 Investigates Reports of Jeweler Taking Advantage of Military

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Jacob Helmuth says at an early age, his single working mother taught him the value of service and sacrifice. In 2013, he left home in Fort Wayne, North Carolina to serve his country as a U.S. Marine. He is now stationed at Camp Pendleton.

Helmuth told NBC 7 Investigates on his first day off, he visited Downtown San Diego. Although he was with friends, he was thinking of family.

“My dad left when I was nine or ten. From that point on [my mom] raised me all by herself,” he said. “I wanted to do something nice for her for once.”

That day, Helmuth bought what’s called the Mother’s Medal of Honor from Romano’s Jewelers. The sales associate sold the necklace and a watch to him for more than $2,300. That price raised a red flag for Helmuth’s mother, so she called NBC 7 Investigates.

We had Helmuth send us documents of the purchase. They showed he signed up for a payment plan. Helmuth said he realizes now that was a big mistake.

“They didn’t show me the percentage rate,” he recalled.

Helmuth’s monthly statement shows an interest rate of 29.9%. It also shows a minimum payment of $75. That payment does not cover the cost of the $80 interest fee.

Helmuth said he left the jewelry store with the necklace, a watch and a few papers – none of which were copies of his finance agreement with the company.

Navy sailor Antoine Graham, 19, told NBC 7 Investigates said the same thing happened to him.

“The only paperwork is what you’re holding in your hand right there,” said Graham as he pointed to a piece of paper he handed to NBC 7 Investigates Candice Nguyen. The paper did not show a price or any details of his payment plan.

Consumer Protection Attorney Tim Blood reviewed some of the financial documents military members received from Romano’s and said, “Based on the documents I’ve seen, there are some very big omissions in what should be provided that just aren’t there and that’s troubling.”

He went on to say disclosure laws require businesses providing credit to explain finance agreements clearly and conspicuously in writing, in a form that the consumer may keep.

Oscar Castillo is a former Romano’s employee. He’s one of several people who reached out to NBC 7 Investigates to report wrongdoing by the company. Castillo worked for the business’ Gaslamp and National City locations for two years until, he said, he was laid off in June.

“We weren’t even financing [military members]. We were just there to take their money,” he said. “They are targeting military. They would only target the younger ones. The ones who were fresh in, the Marines, the Navy.”

Castillo, Graham and Helmuth are far from the only ones speaking out. NBC 7 Investigates received similar calls and emails from military members and their families from Northern California, Indiana, Illinois, Texas and North Carolina.

During the weeks of our investigation, numerous requests for an interview with the business owner, Randy Abalkhad, were declined. Instead, the company had us talk to Jorge Mirlas, Romano’s Jewelers’ marketing manager for San Diego County.

“Here at this [Horton Plaza] location, I can assure you I personally am involved in the training process to make sure people understand everything A to Z,” Mirlas told us.

Mirlas was unable to respond to specific concerns, like customers saying they did not receive copies of their purchase agreements or claims that sales associates did not clearly explain payment plans. However, later in the interview he acknowledged, “Since it’s come to our attention, we’ve had new policies and procedures in place to ensure customer satisfaction.”

NBC 7 Investigates Candice Nguyen followed up by asking, “It sounds like you were made aware of some of these issues before this interview.”

“It came to my attention before this interview,” responded Mirlas. “Correct. Everything you’ve mentioned.”

With Romano’s Jewelers’ no return, no refund policy, Helmuth said he continues to feel financially stuck.

Attorney Blood advises people who find themselves in similar situations to refrain from stopping payments.

He suggests dealing with the issue while continuing payments to ensure you have a strong case against the business. He also says if anyone enters into any financial agreement, make sure you fully understand the contract and obtain a copy of it before leaving the store.

Fashion Taunt Prompts Subway Brawl

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Four people were arrested after cellphone video captured on a subway surfaced that shows a woman getting slapped after taunting a man about his coat, prompting an all-out brawl on the uptown F train over the weekend.

Another person, the one shooting the cellphone video or someone behind him, appears to tease one of the women taunting the man in the coat about her shoes, saying Steve Maddens are out of style. The woman gets in the face of the person videotaping the fracas, then her friend smacks him.

The woman then goes back to the man mocked earlier for his coat, calls him stupid and makes fun of his speech. He trades verbal insults and the woman hits him in the face with a high-heeled shoe; then the man in the coat slaps her -- hard. A full-blown brawl then erupts between the group of women, a man they were with and the coat-wearing man as the other riders in the car flee to opposite ends for safety.

"She got smacked, and that echoed through the entire subway," David Ratliff, the man who shot the cellphone video, told NBC 4 New York. "I heard it. Everybody on the train heard it. Everybody in Manhattan, Brooklyn, Bronx heard it."

The video of the altercation around 5 a.m. Saturday on an F train bound for Washington Square was posted on YouTube. As of Monday afternoon, it had been viewed about 1 million times.

The four suspects, who range in age from 20 to 25 and include the man in the coat, were arrested at the West Fourth Street station after the fight. A woman who allegedly hit the man in the coat with the shoe was charged with felony assault.

The others were charged with misdemeanor assault and disorderly conduct.

Ratliff, who lives in Chicago, was visiting New York City for the first time to celebrate his friend Sammy Lorenzo's birthday.

"This is crazy, insanity," Ratliff said. "It's mind-blowing. We were just out here for the weekend."
 

Flooding Causes Sinkhole in Imperial Beach

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One of the main streets in Imperial Beach was closed to traffic Monday morning as city crews worked to repair a broken water pipe.

Flooding first appeared around 4 a.m. along a sidewalk on 13th Street between Donax and Palm Avenues, west of Interstate 5.

Since then, the road has caved in a bit, and crews were hammering into the street to find the source of the problem.

Work crews found a split in a cast iron pipe. They cut out that piece and installed a new piece in its place.

Approximately 20 customers were without water. Service was restored around 11:30 a.m., according to the water company.

As of 8 a.m., one lane in each direction of 13th had been opened to traffic. The road is expected to fully reopen late Monday afternoon.

Golden Hill Shooting Victim ID'd

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A man shot and killed while sitting in a parked car in Golden Hill has been identified by San Diego police officials.

Vaafuti Togiailua, 41, of San Diego died Sunday, Oct. 9 from injuries sustained during a shooting four days earlier.

An online fundraising page was created for Vaa, as he is known to members of OMBAC San Diego.

The San Diego Police Department’s Homicide Unit has not released any new information regarding a suspect in the shooting.

Togiailua was near the corner of 26th Street and E Street around 6:30 a.m. Wednesday when he was shot while sitting inside his Mazda, officials said.

The shooter, described as a person on a motorcycle with full helmet and long-sleeved gray jumpsuit, shot into the window of the victim’s vehicle, police said.

The shooter may have been driving on an older-model Honda or Kawasaki motorcycle with chrome exhaust pipes. After parking the bike, the motorcyclist approached the victim and shot him multiple times, officials said.

After the shooting, the person got back on the motorcycle and drove off eastbound on E Street.

Togiailua's LinkedIn page lists him as an employee of the USMC Marine Corps Community Services (MCCS). On his Facebook page he discusses his 10+ year service history with the military, his interest in rugby and an ongoing custodial fight regarding his son.

Investigators are asking that anyone with information call San Diego County Crime Stoppers at (888) 580-8477.

Carlsbad Woman Found Dead in House Fire

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A woman's body was found inside a Carlsbad home where multiple fires broke out Monday morning, officials confirmed.

A neighbor saw smoke coming from the home on Gaviota Circle after 7 a.m. and called the Carlsbad Fire Department.

Once firefighters arrived, they found the victim, described as a woman in her 50s, unconscious on a bed inside the home. She was pronounced dead shortly after, officials said.

“We did not see any signs of foul play on her part. We don’t know if it’s a suicide, again. We don’t know if it’s a homicide. We don’t know the condition of the body," said Lt. Marc Reno with the Carlsbad Police Department. 

Fire officials said there were four suspicious fires inside the home. A death investigation is now underway.

“The body will be going to the medical examiner’s office for the release of the name and to tell us if she died before the fire, during the fire or after the fire,” Reno said.

Check back for updates on this developing story.



Photo Credit: Elena Gomez

Woman Concocts Burn Claim Against McDonald's: Officials

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It was a ruse even Kramer couldn't have come up with. Well, maybe.

A San Bernardino County woman faces 21 felony charges after state insurance regulators say she fabricated a claim against McDonald’s, saying she suffered second-degree burns from spilled coffee.

Selena Edwards' supposed evidence in her claim against the fast-food giant were bogus burn photos the 38-year-old found on the internet, according to the California Department of Insurance.

Insurance officials said the Victorville woman submitted a workers' compensation claim saying that she was burned at a McDonald’s drive-thru when she was handed a hot cup of coffee and the lid wasn't secured. The coffee spilled on her right hand, she claimed.

In her injury claim, she included photos of a hand with second-degree burns, but detectives discovered that some of the photos had been copied from a hospital website, insurance officials said.

Officials said Edwards went so far as to submit counterfeit documentation of treatment she claimed she had received from a local hospital.

She faces charges of insurance and workers’ compensation fraud, false statements and false evidence associated with an alleged fraudulent claim. Her next court hearing is Nov. 10.

Some might remember a famous lawsuit against McDonald's in 1994, when a woman spilled scalding hot coffee on herself and was hospitalized.

The next year, Seinfeld spoofed the case in a well-known episode where Kramer sued the restaurant after a coffee mishap.
 



Photo Credit: Getty Images

School Visited Abused Boys' Home

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EDITOR'S NOTE: The details of this case are graphic and may be upsetting for some readers.

While 3-year-old Scotty McMillan was allegedly being tortured to death inside his own home, his older brother — also a victim of abuse — did not show up for kindergarten.

Coatesville Area School District Superintendent Dr. Cathy Taschner said no one at the school was aware of abuse in the home but the school did go to the 6-year-old's home after he was absent for two full weeks.

"We are devastated by the horrors these boys endured,” Taschner said.

McMillan died last week from what investigators said was abuse at the hand of his mother, Jillian Tait and her boyfriend, Gary Fellenbaum, inside a West Caln Township trailer home that Chester County District Attorney Tom Hogan called an “American horror.”

The abuse occurred over a two-week period dating back to October in the Hope Lane home located about 35 miles west of Philadelphia, according to investigators.

"We are confident our staff was not aware of the abuse, which has been reported to have primarily occurred over a two-week period during which the kindergartner was not in school,” said Taschner. “Whenever a child is absent, our staff tries to make contact with the parents to determine the reason for the absence, through phone calls, written communication, and eventually a home visit to the residence we have on record. All of those procedures were followed.”

That visit occurred before Scotty was found dead inside the home, district spokeswoman Beth Trapani told NBC10. No one answered the door and the school investigators left a letter for Tait. News then later broke about Scotty’s death.

"Employees of the district are trained to recognize signs of abuse,” said Taschner.

Police said that Fellenbaum met Tait at a local Wal-Mart where they worked together. Tait and her two sons — Scotty and the 6-year-old — moved in with Fellenbaum in mid-October and the abuse began shortly thereafter, said investigators.

Hogan said Fellenbaum used a makeshift whip, a curtain rod, an aluminum strip and the home's wall to beat Scotty and his brother while Tait admittedly sometimes watched and laughed.

NBC10 is not naming this surviving boy since authorities said he is a victim of child abuse.

On Thursday, Hogan announced first- and third-degree murder charges, homicide, endangering the welfare of a child, assault and reckless endangerment charges against both Fellenbaum and Tait. A judge denied bail to both.

Fellenbaum expressed remorse that "his physical assaults caused another's death," according to a criminal complaint obtained by NBC10.

Fellenbaum's estranged wife, Amber Fellenbaum, was charged with child endangerment and sent to county jail unable to post $500,000 bail. The 21-year-old told investigators that she first became aware of the alleged abuse about two weeks ago when she saw Fellenbaum spank Scotty after the boy didn’t respond to Fellenbaum. She also said she saw Fellenbaum and Tait beat the boy with a green frying pan on another occasion and saw Fellenbaum tape Scotty to a chair and severely pummel the boy’s face and stomach.

The county took the older brother and the Fellenbaums' 11-month-old daughter into protective custody.

Scotty’s death was part of a difficult week in the Chester County community.

“Our community is reeling from this tragedy as well as the murder of one of our parents last week at the Brandywine YMCA,” said Taschner.

Taschner asked for “the space we need to come to terms with these awful events so we can focus on helping our students to grieve and to heal.”



Photo Credit: Family Photo
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County to Pay $3M in Asthmatic Inmate's Death

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A federal jury has found the county of San Diego at fault in the death of a heroin-withdrawing, asthmatic inmate, awarding his North County family a $3 million judgment.

Daniel Sisson, a 21-year-old Cardiff by the Sea resident, died in June 2011 in the Vista Detention Facility from asthma asphyxiation – a slow death akin to prolonged drowning, his family says.

His parents sued the county and the San Diego County Sheriff’s Department, accusing three nurses and two deputies of not following protocol and allowing Sisson’s death.

The lawsuit went to trial at the end of October, and on Monday, the federal jury ruled in favor of the Sisson family.

“And I think what the jury saw was just the complete and abject neglect of Daniel Sisson’s medical needs while he was in the jail,” said the family’s attorney Chris Morris.

The jury found Sisson’s civil rights had been violated by individual nurses and the county’s decision to allow the inmate to detox in general population, its improper cell checks and its training policies, according to Morris.

For those reasons, the Sisson family was awarded $3 million.

The county had argued when Sisson was booked into jail for possession of a controlled substance, he initially failed to disclose he was using illicit drugs. After jail staff found out, he refused care on several occasions, the defense said.

But Morris said while the policy states detoxing inmates must be monitored, those who interacted with Sisson, such as the deputies, were not trained to spot the signs and symptoms of withdrawal.

Surveillance videos – one of the key pieces of evidence -- shows deputies walking by Sisson’s cell without checking on him because they were not trained to do so, Morris claims.

Sisson’s heroin withdrawal triggered his fatal asthma attack. Deputies did not check on him for at least six hours, long after he had died, the family’s lawsuit alleges.

“The [Sisson] family’s just happy that there is a chance that the policies and procedures that were in place that weren’t followed that need to be redone with respect to detoxing inmates in the jail—that the county will, as a result of this verdict, be forced to take a really hard look at those procedures,” said Morris.

The San Diego County Sheriff’s Department has declined to comment on this verdict.
 

Vehicle Hits, Kills Pedestrian at I-5 On-Ramp

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A vehicle has struck and killed a pedestrian as the person was crossing an on-ramp to Interstate 5 in Del Mar Monday evening, according to the San Diego Fire-Rescue Department. 

The vehicle was turning north onto the freeway from Via de la Valle was the person crossed the road leading to the on-ramp at about 7:15 p.m.

It is unclear if the person was in the crosswalk when the vehicle struck.

Firefighters responded to the scene, but the person was pronounced dead after resuscitation efforts failed. 

The on-ramp has been shut down and is expected to remain closed as the California Highway Patrol investigates.

Check back here for updates on this breaking news story.



Photo Credit: NBC 7

Female Pedestrian Dies in Lemon Grove Crash

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A female pedestrian has died after being hit by a vehicle in Lemon Grove, the second such death within an hour in San Diego County. 

San Diego County Sheriff's officials say a woman and a man were walking together along Sweetwater Road near Broadway just after 8 p.m.

Somehow, the woman was struck by an SUV and was killed.

The vehicle's driver stopped to cooperate with sheriff's investigators.

Less than an hour before., another pedestrian was killed in a collision at an Interstate 5 on-ramp in Del Mar.

Check back here for details on this developing news story.



Photo Credit: NBC 7

SD County Sheriff Defends Investigators on McStay Case

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San Diego County Sheriff Bill Gore is coming to the defense of his investigators after the patriarch of the McStay family ripped into the department, claiming he “knew they screwed this up” just hours after an arrest was made in the high-profile deaths of his son, his daughter-in-law and his two grandsons.

Jospeh McStay’s father Patrick did not mince words Friday as he criticized San Diego County investigators over their handling of the McStay family’s disappearance from their Fallbrook home in 2010.

"I knew they screwed this thing up,” said Patrick. “All the rest was just sugar coating to make it look like really were interested in solving, doing something. They did virtually nothing.”

In response, Gore told NBC 7 he understands the emotion of the moment but strongly disagreed with the censure.

"It's one thing now with 20/20 hindsight that we have four bodies that have been found a year ago up in Victorville. That's a whole different type of investigation,” said Gore.

According to the sheriff, that is the key: the discovery of Joseph’s, Summer’s and their sons’ bodies in Victorville last year.

Leading up to that, San Diego investigators were handling a missing persons case, which Gore says limits certain investigative techniques.

Once the bodies were identified, the San Diego County Sheriff’s Department handed over some 4,600 pages of material to San Bernardino County Sheriff’s investigators, who have jurisdiction over the Victorville area.

Last week, San Bernardino officials announced they had arrested and charged Joseph McStay’s business partner Charles Chase Merritt with four counts of murder in the deaths.

Gore also addressed a perception that San Bernardino investigators were critical of San Diego’s efforts.

“That's not accurate,” said Gore. “I've talked with the sheriff and I know there are investigative techniques that they've employed after they found the bodies.”

The sheriff said he had support from the McStay family throughout his department’s investigation and it was the family that reinforced the belief that the Joseph McStay and his immediate family had gone to Mexico.

As detectives combed through the McStay’s Fallbrook home, they found no evidence that the family was killed inside, according to Gore.

"Trust me, our homicide detectives are very thorough and very experienced,” said Gore. “Had there been any signs of blood stain or blood spatter or dents in walls, those would have been discovered."

Despite the criticism, Gore said he hopes news of the arrest helps bring the McStay family some closure.

New Details in Fireworks Mishap That Burned Boy

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The family attorney for an 11-year-old boy hit in the chest by a firework at the KGB Sky Show says the fireworks company could bear ultimate responsibility for the child’s injuries.

Saturday night, the annual KBG fireworks show capped off a San Diego State football victory against Idaho at Qualcomm Stadium.

But while most in the stadium had their gaze turned to the sky, one section quickly had their attention diverted by a scary, split-second misfire from the field.

“One witness seems to recount something appeared to catch fire and fall over,” said the family’s attorney Robert Cartwright Jr. “Another witness just felt like part of the rocket launcher fell over and one of the rockets was launched into the audience.”

The firework exploded into the Field Level Section 9. It ignited the sweatshirt of the 11-year-old boy, who was visiting with his family from Orange County.

The boy was left with first and second degree burns to his arms and ears, according to Cartwright.

“His stepfather leaned over with his bare arms to try and put the flames out and burned himself in the process. He also had some burns on his forearms. The mother was horribly traumatized to see her 11-year old son catching fire” said Cartwright.

The boy’s mother took him to paramedics at the stadium, and according to his attorney did not return to his seat—contrary to some media reports.

He was also treated by doctors at an Orange County hospital the following day, Cartwright told NBC 7. He is expected to make a full recovery.

The company running the fiery display was Pyro Spectaculars, based near San Bernardino. Its resume includes Super Bowls and Olympics shows.

NBC 7 has emailed the company’s attorney but has not heard back.

“Everyone involved could potentially have some legal responsibility, but primarily it’s the people in charge of the fireworks and they have a duty legally to exercise extreme care when dealing with dangerous materials like this” said Cartwright.



Photo Credit: Cartwright Law Firm
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