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Baby Killer Whale at SeaWorld Receives Name

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SeaWorld’s baby killer whale now has a name.

After more than 7,000 votes were cast on SeaWorld’s Facebook page, the seven-and-a-half-week-old whale calf will be named Amaya.

Amaya was born to 10-year-old Kalia at Shamu Stadium on December 2 of last year. This was Kalia’s first child, though Kalia’s mother, Kasatka, has had four children total.

Voters picked the name with a landslide lead with a 30 percent victory. Kissa and Nasia were runner-up names. 

The birth was the seventh successful killer whale born at the park in its 50 year history. SeaWorld said the calf is doing well since birth. She has met some other killer whales and has started to swim on her own at times.

Guests of the park can see Amaya and Kalia occasionally at the Shamu Stadium and the underwater viewing area.



Photo Credit: SeaWorld

NFL Patriots Probe

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The New England Patriots used footballs that were under-inflated in the first half of Sunday's AFC Championship Game against the Indianapolis Colts, evidence so far in the National Football League's investigation has found. 

But the team's footballs were properly inflated for the second half and confirmed to have been properly inflated at the conclusion of the game, the NFL said in a statement Friday afternoon.

The NFL's investigation into the "Deflategate" controversy involving the Patriots is ongoing, and 40 interviews have been conducted so far, including of Patriots personnel, game officials and third parties with relevant information and expertise, the league said. The investigation is being led jointly by NFL Executive Vice President Jeff Pash and Ted Wells of the law firm of Paul Weiss.

The league said it has obtained and is continuing to obtain additional information, including video and other electronic information and physical evidence. It has also hired an investigatory firm with expertise in forensics to assist in reviewing electronic and video information.

"The goals of the investigation will be to determine the explanation for why footballs used in the game were not in compliance with the playing rules and specifically whether any noncompliance was the result of deliberate action," the statement said. "We have not made any judgments on these points and will not do so until we have concluded our investigation and considered all of the relevant evidence."

The league said the Patriots have pledged their full cooperation and have made their personnel and other information available upon request. In the coming days, the NFL will be conducting interviews, examining video and other forensic evidence, in addition to any relevant physical evidence.

Patriots Chairman and CEO Robert Kraft also issued a statement on Friday, saying that he received a letter from the league on Monday informing him of the investigation. He said he instructed Patriots staff to be "completely cooperative and transparent with the league's investigators." During the three days the investigators were in Foxboro, he said the team provided access to every full- and part-time employee the league's representatives asked to speak with and produced every communication device that they requested to search.

"It is an ongoing process that the league and our team are taking very seriously," Kraft said. "Competitive balance and the integrity of the game are the foundation of what makes our league so special and I have the utmost respect for those principles. Our organization will continue to cooperate throughout the league's investigation."

The NFL began looking into the issue not only because doctoring the footballs could provide a competitive advantage, but because it would compromise the integrity of the game. Deflating a football can change the way it's gripped by a player, or the way it travels through the air.

"Our investigation will seek information from any and all relevant sources and we expect full cooperation from other clubs as well," the statement said. "As we develop more information and are in a position to reach conclusions, we will share them publicly."

No timetable was given by the NFL for when the investigation might be wrapped up.

Patriots quarterback Tom Brady has denied altering the ball "in any way," saying that he would never break the rules. Coach Bill Belichick said he had "no explanation" for what happened, and like Brady said the first he heard of the entire ordeal was on Monday morning.

The Patriots will take on the Seattle Seahawks in Super Bowl XLIX in Glendale, Arizona, on Sunday, Feb. 1.



Photo Credit: AP Photo/Rick Osentoski

Agents Seize More Than $200k of Methamphetamine

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Images of smuggling attempts at their finest.

Skymall Fans Unsettled By Bankruptcy

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Skymall, the in-flight catalog that sells an array of quirky gadgets and goods, could soon be grounded. The parent company that owns the business filed for bankruptcy protection Thursday, The Wall Street Journal first reported.

The Twitter-verse reacted swiftly, with users swapping quips and sharing images of their self-proclaimed favorite products, including the SkyRest Travel Pillow, an NFL-themed shoe wine holder and the Zombie of Montclaire Moores lawn decoration.

"The real victims of Skymall closing are the dogs who need stairs to get on the couch," read one such tweet from user @DanAbramson.

Xhibit Corp filed for Chapter 11 protection in Arizona, and will seek approval to sell off its Skymall brand, according to a document posted Friday on Xhibit Corp's website.

The company said that it hoped to find a buyer.

"We are extremely disappointed in this result and are hopeful that SkyMall and the iconic 'SkyMall' brand find a home to continue to operate as SkyMall has for the last 25 years," said Scott Wiley, CFO and Acting CEO of Xhibit, in a press release included with the document.



Photo Credit: Skymall.com
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Man Alleges Previous Attack by Accused Bouncer

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A second alleged victim is speaking out against an Oceanside bar bouncer who was arrested and charged in the death of 27-year-old Mark Girard Jr.

Joe Barbot says Derrick Lamont Belser violently beat him at Fire Water Saloon on Pier View Way.

According to Barbot this happened just two weeks before Girard Jr.’s death.

“What happened was I was at Fire Water in Oceanside, and about an hour before the altercation with the bouncer I saw him carry somebody by the collar,” Barbot said. “He was on his butt all the way across the bar, and I told my buddies, 'Man that doesn't seem right. He shouldn't be doing that.’”

Barbot said, he pulled out his phone and told Belser, “You can’t be doing this.”

“He grabs my phone out of my hand, and he says ‘Don't be doing that,’” Barbot said. “Then he throws me out, kicks me out of the bar. I remember him being so tall. He picks me up, body slams me. I slam my head on the back of the pavement there. And then when I was down, he hits me in the side of the face and I had a black eye.”

Barbot said he contacted NBC 7 Investigates because he regrets not filing charges. He said if he did, Girard Jr. may still be alive.

Belser is being charged with involuntary manslaughter in the death of Girard Jr. Prosecutors allege Belser followed three bar patrons outside the Fire Water Saloon on December 28, punching two of them following an argument. He then exited a locked gate separating him from the group to confront the men, prosecutors said.

Girard Jr. was one of the patrons. He fell upon being punched, hitting his head on the concrete. He died in a hospital two days later.

Belser was in court on Wednesday and pleaded not guilty to the charges. Bail was set at $200,000.

NBC 7 Investigates reached out to Belser’s family, but have not heard back from them.

Girard Jr.’s father was at that arraignment and called Belser’s alleged actions “a senseless act of violence.”

“[My son] was out having a good time with friends and ran into somebody that probably shouldn't have been in the position he was in,” Mark Girard Sr. said.

NBC 7 Investigates dug deeper into Belser's past and found he has a violent criminal history.

According to police, it includes assault and drug charges in two states. NBC 7 Investigates also learned he isn't licensed as a security guard or security officer in the state of California.

Belser's attorney Brad Patton argues a license isn't needed, and his client was just acting in self-defense that evening Girard Jr. fell to the ground.

“Mr. Belser was very concerned for his safety at this time and as one person was approaching him he did one hit to the face to that individual,” Patton said at Belser’s arraignment.

NBC 7 Investigates attempted to speak with the owners of Fire and Water Saloon several times, but have not heard back.

Security experts told NBC 7 Investigates, according to California law a bouncer whose main job is to provide security to a business is required to be licensed by the state.

Click here to check the license of a security guard in California.

A police detective on Belser’s case said, even before the incident, he would not have been able to obtain a license due to his criminal past.

Coyote Traps Set in Kensington-Area Canyon

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People living in a San Diego community are being warned about animal traps set in a canyon near where a woman was bitten by a coyote.

California Department of Fish and Wildlife have set several traps to catch a coyote who they say attacked a jogger early Wednesday.

The woman said the coyote followed her and eventually nipped her in the back of the leg.

The bite did not break the skin.

Now, the department is working with the U.S. Department of Agriculture to trap the offending coyote, citing it as a public safety issue.

Officials left signs near the areas of the trap warning residents not to allow pets to roam freely in the canyon.

The traps were described as “padded leg traps” which can ensnare, confine or even crush body parts.

CDFW officials said the area was being monitored by personnel.
 



Photo Credit: NBC 7
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Water Service Interrupted on Shelter Island

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A water pipe burst along the main route to Shelter Island, creating an outage for businesses and hundreds of customers as city water officials continue repairs.

The 12-inch diameter, concrete water main broke around 9 a.m. on Shelter Island Drive just before the roundabout.

Water was restored to businesses as of 5:30 p.m.

The water main break left nearly all of Shelter Island without water. Hotel workers were scrambling to rush in port-o-potties and use backup water supply systems.

Many hotels had to shut down restaurants. Humphreys Restaurant, for instance, was forced to relocate some of its business meeting locations.

One guest staying at the Bay Club Hotel for a technical conference said he had to change his plans due to the water shutoff.

"We were planning to have a banquet dinner at the hotel and fortunately we were able to change the location to the local yacht club," said Frank Renkshaw.

Another tourist was trying to make the best out of it.

"Our last day here in San Diego," said Lene Curtis. "We've had a great time so we're trying to not let it affect us, and now we're just heading to Old Town to let us continue on with our day."

While the City of San Diego Public Utilities Department worked on repairs, business were without water.

The customers affected include two hotels, some restaurants and the marina.

Officials said the problem was a pipe connector or collar that corroded and were working Friday afternoon to replace at least 15 feet of the old concrete pipe.
 


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Body of Missing American Surfer Found: Family

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The body of the San Diegan surfer who vanished overnight after stepping out from his tent near Chuie’s Surf Camp in Mexico has been found, his family told NBC 7.

San Diego resident Scott Robert Fippinger, 20, was camping cliff-side with three friends in Rosarito just south of Tijuana in Mexico near the 52 kilometer marker.

His family found Scott’s body in the water in Mexico, intact. His family believes he likely died from the fall but do not know the cause of death for certain yet.

Fippinger’s father, a retired Marine, found his body yesterday afternoon around 3:30 p.m. after searching for it with a private plane for several days.

The San Diegan surfer went missing on Wednesday, Jan. 14 after camping on a cliff with his friends. Around 3:00 a.m. that morning, his friends reported hearing him wake up to urinate. They heard him leave the tent and saw the light of his cell phone.

They did not realize he was missing until they woke up after sunrise and discovered he was gone. They found his broken cell phone on the concrete slab between the tent and the cliff’s edge around 7:00 a.m., leading them to believe that he fell off the cliff in the early hours of the morning.

High tide that morning peaked at 3:38 a.m. and waves reached up to the base of the cliff.
When the high tide receded, no evidence or marks could be found on the beach below.

Units from the Mexican Naval base in Ensenada were called to help with the search and lifeguards from the Salvavidas division of the Bomberos de Rosarito also been helped with the search, sweeping along the six kilometer stretch of coastline between El Campito and Camp Lopez.

The site of Fippinger’s disappearance, Chuie’s Surf Camp, is located just south of El Campito, near the popular American restaurant Splash.

Fippinger’s mother and father crossed the border the day he was reported missing to help with the search for their missing son.


Teen Stabbed to Death With Scissors

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A 14-year-old boy was fatally stabbed with a pair of scissors on the campus of a Southern California middle school Friday afternoon, LAUSD officials said.

An attacker stabbed the boy at 3:08 p.m. in front of David Wark Griffith Middle School in East Los Angeles and ran away, said Monica Carazo of LAUSD.

The district first said the victim was 15 years old, but LA sheriff's deputies later said he was 14.

"He's really quiet, he doesn't really like to talk to anybody," the boy's girlfriend told NBC4. "The only one he tells all his problems to is my brother."

The victim was not a student at the school where he was stabbed, but he was a student at nearby Garfield High School, district officials said. The district could not immediately confirm whether the attacker was a student of the school.

The attacker approached the teen and asked him where he was from before stabbing him in the torso, officials said.

The boy died at the hospital, said LA County Sheriff's Sgt. John Sagardia.

Aerial video showed nearly a dozen patrol cars outside the school, where caution tape lined the front steps. Students were held inside the middle school for several hours until police said it was safe to leave.

LASD confirmed in a statement an investigation was underway in the fatal stabbing. Deputies say several witnesses saw the attack since it happened just after school let out.

Additional details were not immediately clear.

Robert Kovacik contributed to this report.



Photo Credit: NewsChopper4

Ex-Firefighter Rescues NY Neighbor

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A disabled Long Island woman who couldn't move from her bed when a fire broke out in her home was saved by a neighbor who happened to be stepping out for dinner.

Andy Carbone was leaving his Farmingville home when his wife spotted a fire in a nearby house. The former volunteer firefighter kicked in the burning front door and found 72-year-old Carolyn Prince bedridden in the back of the smoky house.

"I said, 'Your house is on fire,' and she said, 'OK, what are we going to do?'" said Carbone. "I said, 'You're coming with me one way or another.'"

Carbone, another neighbor and first responders carried Prince to safety, but not before the father of four used an old fire extinguisher that had been kicking around in his closet for years to douse the flames.

A volunteer firefighter in Massapequa for a decade before moving to Farmingville, Carbone said his old training helped him during the rescue.

Prince was treated for smoke inhalation but escaped serious injury. The cause of the fire is believed to be electrical in nature.

Ironically, Carbone wasn't even supposed to be at home but when his jury duty finished earlier than expected, his wife told him to come home rather than meet her out for dinner.

"Thank God," said Prince's daughter Wendy Pabon. "Everything happens for a reason."

"It just brought tears to my eyes. It's so amazing that people could be like that," she said.

"He is a true hero," said Pabon.

Carbone, however, would prefer simply to be called a good neighbor.

"Just a neighbor doing the right thing when it meant the most," he said.

Starving Pup Found in Suitcase: PD

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A malnourished puppy was found inside a suitcase in a Bronx housing development, and police are looking for the person who put him there. 

A passerby at the Melrose Housing Development at 700 Morris Ave. in Morrisania alerted police officers on patrol after discovering the dog in the suitcase Thursday afternoon.

The puppy is a male brown pit bull about a year old, according to police. He was immediately taken to the ASPCA where he's being treated for malnourishment. 

Anyone with information is asked to contact Crime Stoppers at 800-577-TIPS. 



Photo Credit: NYPD

Renewable Energy Grid: Will Utilities Opt Out?

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San Diego's energy grid is being targeted by environmental activists who want to offer customers a menu of renewable sources.

That grid is mostly fossil-fueled. Is San Diego Gas & Electric Co., its owner/operator, committed to "going green"?

State and local government agencies are noticing a climate of economic and political infighting over initiatives to address climate change.

Clean power startups are trending throughout California, touting "community choice aggregation" (CCA) options that challenge the business models of carbon-based electricity providers.

"SDG&E has had a monopoly in this community for over 130 years, and so they're used to being the only game in town,” said Nicole Capretz, founder and executive director of Climate Action Campaign, a grass-roots advocacy group.

“What community choice offers is competition,” Capretz explained during a Friday recording session for Sunday’s edition of NBC 7’s “Politically Speaking” program. “And it offers the option for residents and businesses to have a different energy provider."

In response, SDG&E spokeswoman Amber Albrecht offered this observation: “Competition is good … and we have gone on the record several times that we support customer choice and that includes community choice aggregation. And if the city finds that community choice aggregation is feasible, we'll work with them to implement a CCA."

But SDG&E's public support for renewable energy has been accompanied by private lobbying with lawmakers and government policy shapers -- in one case, seeking to have customers go through the paperwork of "opting in" to community choice providers.

"We're disappointed by that decision on behalf of the community,” Capretz said, “because last year they did support legislation that would have undermined our ability as a city to move forward with community choice as a program. At a local level, we're cautiously optimistic that we can work together in partnership."

SDG&E points out that nearly 50,000 customers have chosen to "go solar" and that there are big threats to the climate beyond the grid.

"Forty percent of our emissions come from our vehicle traffic -- what can we do about that?” said Albrecht. "There are a number of areas where SDG&E is truly a natural partner -- just like Nicole is saying."

San Diego Mayor Kevin Faulconer's fairly well-received "Climate Action Plan" is undergoing public review -- and may be amended or appended -- before the City Council weighs in on a final version.

Much of the outcome figures to be linked to a feasibility study of projected ratepayer costs to sustain an all-renewables energy grid within 20 years.

“Politically Speaking” airs Sunday morning at 9 a.m. following NBC’s “Meet the Press."

Patriots Face a Test in Seahawks' Read-Option

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To beat the Seahawks in Super Bowl XLIX, the Patriots know they’ll have to contain running back Marshawn Lynch. Yet here’s the problem: If they focus too much attention on Lynch, quarterback Russell Wilson may burn them.

Wilson led all NFL quarterbacks in rushing in 2014 with 849 yards. In fact, Wilson ranked 16th in the league in rushing. And when Wilson does take off, his plays can be painful for defenses. He averaged 7.2 yards per attempt, had eight runs of more than 20 yards and scored six touchdowns.

What New England will face on Super Bowl Sunday, Feb. 1, is the Seahawks’ read-option scheme, which forces defenses to choose between focusing on Lynch or being cautious, in case Wilson pulls the ball out and sprints around the defenders crashing on Lynch.

Against the Packers in the NFC Championship Game, the Seahawks’ read-option was very effective. On 17 read-option plays, Seattle’s Lynch or Wilson gained 121 yards and scored two touchdowns. Most of the time, Lynch got the ball. But late in the game, Wilson had two key carries on the read-option that resulted in 16 yards and a score.

“They execute the read-option at a very high level,” Patriots defensive coordinator Matt Patricia told the Boston Herald this week. “It’s extremely dangerous. They do it from a number of different looks. They obviously have tremendous skill players that can handle the ball and handle that type of offense.”

The read option, however, is not unfamiliar to the Patriots, who’ve faced it many times over the past two years. In fact, coach Bill Belichick brought Tim Tebow into camp last year largely to run the offense against his defenders.

One tactic is to emply a spy -- a defender whose responsibility it is to keep his eyes on Wilson and not let him break free if he decides to fake the handoff to Lynch. That spy might be delegated by how the Seahawks line up. Defensive end Rob Ninkovich has played the role well before, as has linebacker Jamie Collins.

Last season, Ninkovich played spy against Cam Newton of the Panthers.

But whoever it is, he’ll have to stay vigilant. Even one play where he’s tricked or loses concentration -- as happened to the Packers late in Seattle’s comeback win -- could be costly.

Ninkovich has said in the past that the read-option scheme is simply “a green light to hit the quarterback.”

But Wilson is an extremely skilled, smart and patient ball handler who can also exploit overly aggressive defenders.

“You just have to be under control and know what your assignment is every time,” said Ninkovich.

 



Photo Credit: Getty Images

Cubs Great Ernie Banks Dies at 83

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Ernie Banks, the Chicago Cubs great who was affectionately known as "Mr. Cub" and was the face of the franchise for decades, has passed away at the age of 83. 

Banks was the first African-American to don a Cubs uniform, and it was the only one he would wear.

In a 19-year career, Banks slugged 512 home runs, drove in 1636 RBI, and perhaps more than any other player who has ever played for the franchise embodied the spirit of the club in the eyes and hearts of Cubs fans.

Even after his playing career came to an end in 1971, Banks continued to be an ambassador for the team.

He was a constant fixture at Cubs games, often singing "Take Me Out to the Ballgame" after the passing of Harry Caray in 1998, and he was one of the most popular figures at the annual Cubs Convention.

Banks made his MLB debut in 1952 at the age of 22 years old, and as his career went on he cemented his status as a legend. He was never better than in the 1958 and 1959 seasons. He won the MVP award in both seasons, and he set career highs in both home runs and RBI in those seasons. 

Unfortunately for Banks and the Cubs, he never made it to the postseason as a member of the team. In the 1969 season, Banks teamed up with fellow legends Ron Santo and Billy Williams and led the team to a massive lead in the standings as August ended. As September unfolded however, the Cubs faded badly, and they missed out on the postseason as the New York Mets surged and ultimately won the World Series title. 

Despite not having postseason experience on his resume, Banks was elected to the Hall of Fame in his first year of eligibility, and he never stopped being an ambassador for the game and for the team. His indomitable spirit and constant optimism were a bright spot for the Cubs through some of the team's leanest years, and despite teams coming close in 1984 and 2003, Banks' teams were the ones that fans still talk about and remember.  

"Words cannot express how important Ernie Banks will always be to the Chicago Cubs, the city of Chicago and Major League Baseball," Cubs Chairman Tom Ricketts said in a statement. "He was one of the greatest players of all time.  He was a pioneer in the major leagues. And and more importantly, he was the warmest and most sincere person I've ever known.  Approachable, ever optimistic and kind hearted, Ernie Banks is and always will be Mr. Cub. My family and I grieve the loss of such a great and good-hearted man, but we look forward to celebrating Ernie's life in the days ahead."



Photo Credit: AP

Pursuit Leads to Manhunt in Pala

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Deputies are searching for a suspect involved in a California Highway Patrol pursuit through Pala Friday night.

At 8:10 p.m., the chase started when a vehicle ran through a red light barricade, according to the CHP. Officers began following the suspects as they raced from Pala Mission Road onto the westbound Highway 76.

The CHP stayed close behind as the vehicle flipped around, heading eastbound on the highway and eventually crashing.

The driver of the vehicle was taken into custody, but three other people bailed out and took off.

When CHP officers were unable to turn up anything, they called in the San Diego County Sheriff’s helicopter. The crew detected heat sources hiding nearby, so deputies let their K-9s loose. The dogs caught and bit two of the suspects — a man and a woman.

A third person is still at large.

It's unclear why a red light barricade was set up and who was managing it.



Photo Credit: Shutterstock

Santa Ana Wind Warning Issued for San Diego

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A high wind warning has been issued for Southern California over the weekend for a short but strong period of Santa Ana winds, the National Weather Service is reporting.

While much of San Diego will see stronger winds, areas east of the mountains and in the foothills should get gusts strong enough to kick up debris, according to the advisory.

Friday morning winds were in the 40 mph range, but could reach up to 65 mph by 10 p.m.

The high gusts are expected to diminish before noon Sunday, NWS officials said.

Anyone heading east or traveling through the mountains or into the East County may encounter dangerous driving conditions throughout the weekend, the advisory noted.

NBC 7's Jodi Kodesh said that while the winds in the mountains make the coast look more attractive, inexperienced swimmers should enjoy the view and stay out of the water.

The swimming conditions will be dangerous starting Friday. High surf was at five to eight feet Friday and could reach 10 feet by Saturday, she said. The rip current will also be strong.

New Numbers Released in Measles Outbreak

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California health officials released new numbers Friday in the ongoing measles outbreak.

Measles cases in California have risen to 68 total, with 48 connected epidemiologically to the Disneyland outbreak.

The California Department of Public Health said the total number of cases in the state is up from 59 cases reported two days ago. Of those, 13 were reported in San Diego County.

The state also reports a measles case confirmed in Nebraska is one of 57 cases across the U.S. that are directly linked to the exposure at the Anaheim theme park.

Initially, health officials said anyone who visited Disneyland from Dec. 16 to Dec. 20 may have been exposed to the virus. On Wednesday, Orange County health officials declared there was ongoing transmission at the theme park.

So for now, the state wants individuals who are not vaccinated, especially infants under 12 months to consider not being in places where large numbers of people congregate. Those locations include airports, shopping malls and tourist attractions like theme parks.

"It is absolutely safe to visit these places, including the Disneyland Resort, if you are vaccinated," Dr. Gil Chavez, State Epidemiologist and Deputy Director, Center for Infectious Diseases, California Department of Public Health said Thursday in a release.

Patients range in age from 7 months to 70 years.

When it comes to how many of those patients were immunized against the disease, officials said they have documentation for 34 of the cases. Twenty-eight had not been immunized. They include six babies who are too young to have received the vaccination, officials said.

Five of the patients had received two or more doses of MMR vaccine.

If you or someone you know hasn't been immunized against the measles, it's not too late.

Health officials say two doses of the MMR vaccine are more than 99 percent effective in preventing measles.

Anyone who is unsure, can call their physician and request a test to check for measles immunity or get vaccination, officials said.



Photo Credit: NBC 7

Warrants Reveal New Details in McStay Case

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Court documents obtained by NBC 7 Investigates appear to contradict statements by the San Diego Sheriff’s Department about its investigation of deaths of the McStay family.

A San Diego judge unsealed four search warrants Friday associated with early stages of the San Diego Sheriff’s investigation into the McStay family murder.

Joseph and Sunny McStay and their two sons Gianni and Joseph Mateo mysteriously vanished from their Fallbrook home in February 2010, prompting a nationwide search.

In a search warrant affidavit written four days after Joseph McStay’s brother reported the family was missing, Detective Troy DuGal informed a judge that he believed the family was “victim(s) of foul play” and that “some or all of the McStay family has been kidnapped or killed.”

Those statements are contrary to recent comments by San Diego Sheriff Bill Gore, who just two months ago told NBC 7 investigators believed from the start that it was a “missing persons case,” not a homicide investigation.

The bodies of the McStay family were found in the desert near Victorville in November 2013.

A year later, Joseph McStay’s former business partner, Charles Merritt, was arrested and charged with four counts of murder.

After the San Bernardino County Sheriff announced Merritt’s arrest, members of the McStay family criticized the handling of the case by Gore’s department.

Responding to that criticism, Gore said his detectives did not think the McStay’s home was a murder or kidnapping crime scene, and instead looked at the evidence as in light of their opinion that the McStay family had only gone missing.

In his February 19, 2010 application for a search warrant, Detective DuGal sought permission from the judge to thoroughly search the McStay home on Avocado Vista Lane in Fallbrook.

“If the family was killed in the residence or taken from the residence and transported in [their truck], there may be trace evidence that has been left behind, such as human hairs, tissues, secretions as well as other forensic evidence that is often located at the scene and can be used to identify possible perpetrators, victims and potential witnesses,” said the warrant.

NBC 7 Investigates asked Jan Caldwell, the Public Affairs Director for the Sheriff’s Office, about the apparent contradiction, but she said the office was not going to comment because it was an ongoing investigation, even though the sheriff talked about the case publicly in November.

“As this is an active investigation with the San Bernardino Sheriff's Department, it would be inappropriate for us to make any comment whatsoever,” Caldwell said in an email.

NBC 7 was one of several media organizations who requested that a judge unseal the warrants as we try to learn more about the killings of the couple and their two children, Gianni and Joseph Mateo, ages 4 and 3 respectively.

Merritt's attorney opposed Friday’s release.


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Retired Sgt. Admits to Taking IDs from Gym Bags

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A retired Air Force Master Sergeant admitted in court to stealing the identity of dozens of military personnel in the San Diego area.

Christopher Dwan Underwood pleaded guilty to charges that he stolen tens of thousands of dollars from service personnel, according to documents filed in federal court.

Between February and October 2013, Underwood used his privileges in the Air Force to gain access to gymnasiums on San Diego-area military installations, the Southern California Office of the United States Attorney said. Underwood would steal credit cards and personal identifying information from his fellow service members after going through gym bags, clothing and lockers.

Once he had that personal information, Underwood would pose as those service members and use the information such as addresses, birth dates and Social Security numbers to activate the victims’ government Citibank charge cards.

Underwood used those cards to make unauthorized charges for tens of thousands of dollars, including purchasing airline tickets, obtaining numerous cash advances and eating luxurious San Diego restaurants such as Donovan’s Prime Seafood, the attorney’s office said. He stole from more than 30 individuals.

He plead guilty to wire fraud and aggravated identity theft charges.

Underwood will be sentenced at 9 a.m. on April 10.



Photo Credit: Getty Images/Tetra images RF

Wily Monkeys Break Out of San Diego Zoo Habitat

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For a few, glorious moments, freedom belonged to two small monkeys who escaped their habitat at the San Diego Zoo on Friday.

The two Wolf's guenons somehow found a way out of their enclosure at the zoo’s Ituri Forest area — the first time they had been in that open-air habitat, a spokesperson said.

Visitors were asked to leave the area while staff hunted for the crafty creatures, which were caught a short time later.

They are both under veterinary observation at the zoo’s hospital.

Wolf's guenons, which the zoo’s website describes as “cheeky fellows,” come from western and central Africa, native to different types of forests. The primate, which does not look much like a wolf, was named for the person who first described them, according to the website.

At the San Diego Zoo, caretakers placed them in a lush, open-air habitat that is home to a number of animals.

Zoo officials say the monkeys will be heading back to their prior, more secure exhibit with the hippos on Saturday.



Photo Credit: Ken Bohn,San Diego Zoo
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