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Jon Stewart Earned His Moment of Zen

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Jon Stewart never pulled in the ratings of Johnny Carson, Jay Leno or David Letterman. Nor did Stewart, who will have logged 16-plus years behind his "Daily Show" desk by the time he exits later this year, match the longevity of the Big Three.

But in his own way, Stewart forever altered the late night landscape, as he remade the fake news game and spawned a mini-empire of innovative satirists.

The departure of Stewart, who announced plans on Tuesday’s show to quit Comedy Central's marquee program, will leave a big gap. But he also leaves behind a franchise that he built strong enough to withstand his absence.

Stewart proved as much in 2013 when he took off the summer to direct a film and turned over the show to John Oliver, who did well enough to earn his own breakout news satire program on HBO. "The Daily Show" also served as the springboard for "The Colbert Report," Stephen Colbert's nine-year spoof of cable news partisan gabfests, and, more recently, "The Nightly Show with Larry Wilmore,” which is off to a strong start.

Stewart took over "The Daily Show" in 1999 from Craig Kilborn, who ably delivered jokes as if he were hosting a half-hour, pop culture-driven version of "Weekend Update." But Stewart – whose interviewing style owes much to Carson and whose correspondents' segments displayed a Letterman influence – reinvented the form.

Stewart targeted political absurdity with his "Indecision" election year shows. He became a trusted news source for some – an absurdity of another kind that he pointed to at times. He sometimes blurred the lines between activism, news and humor, most notably with his and Colbert’s massive 2010 Rally to Restore Sanity and/or Fear in Washington.

The success of Stewart’s "Daily Show" forced “Saturday Night Live” to up its game, most notably during the 2008 election season. More significantly, he proved confident enough to let talent like Steve Carell, Colbert, Oliver and Wilmore shine.

The show will go on without him – whether helmed by show "correspondents" like Samantha Bee, Jason Jones, Al Madrigal, Aasiv Mandvi and Jessica Williams – or by an outside performer (memo to Comedy Central: Give W. Kamau Bell a call).

"It's time for someone else to have (this) opportunity," Stewart said near the end of Tuesday night's show.

Stewart’s unexpected announcement marked the latest entry in a late night shake-up litany that began last year: Jimmy Fallon replaced Jay Leno on NBC’s “The Tonight Show.” Seth Meyers replaced Fallon on “Late Night.” CBS announced that Colbert would replace Letterman this year and that James Corden would replace Craig Ferguson.

Perhaps all the changes combined aren’t as a big a deal as when Carson stepped down in 1992, in the pre-Internet, pre-on-demand era when timeslots were everything. But Stewart fans, no doubt, will miss his comic voice arriving Monday through Thursday at 11 p.m., particular during next year’s “Indecision 2016” run.

Stewart, though, has clearly made up his mind, even if it’s less clear what’s next for him. He joked Tuesday about having time to have dinner with his family "who, I have heard from multiple sources, are lovely people." But, speaking more seriously, he hinted at creative wanderlust: "This show doesn't deserve an even slightly restless host and neither do you," he told viewers.

Whatever his reasons for leaving, after almost 17 years of making us laugh and think, Jon Stewart has earned his moment of Zen.

 

Jere Hester is founding director of the award-winning, multimedia NYCity News Service at the City University of New York Graduate School of Journalism. He is also the author of "Raising a Beatle Baby: How John, Paul, George and Ringo Helped us Come Together as a Family." Follow him on Twitter.



Photo Credit: AP

NTSB Metro Safety Recommendations

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The National Transportation Safety Board sent Metro three urgent recommendations Wednesday regarding the ventilation of tunnels in response to the fatal smoke incident Jan. 12 in Washington, D.C.

In a letter to interim General Manager Jack Requa, NTSB said Metro should assess its ventilation system, write a procedure for tunnel ventilation and establish ongoing ventilation training for control center staff and emergency responders.

"Procedures for ventilation of smoke in emergencies can be critical, but they vary across systems, and in some systems are inadequate — as we have found in the present WMATA investigation,” acting NTSB Chairman Christopher Hart said in a news release. “Although the investigation is ongoing, WMATA should immediately address these issues to prevent any chance of a recurrence, and other systems should be audited for similar problems.”

Ventilation fans can operate in supply mode — pulling fresh air in to the tunnels and stations — or exhaust mode — pulling air out of the tunnels and stations.

At the L'Enfant Plaza station Jan. 12, the station and vent shaft fans were in exhaust mode, drawing smoke toward two stopped trains, according to the NTSB.

Also, two of four fans in a vent shaft tripped a circuit and were not operational.

The train stuck in the tunnel drew smoke inside because its ventilation was not turned off, according to the NTSB.

Metro has already decided to allow train operators to turn off ventilation without first getting permission from the control center.

The investigation also found Metro does not have means to determine the exact location of a source of smoke, and its ventilation procedure Jan. 12 was inconsistent with best practices.

"We welcome the NTSB recommendations issued today and have begun to address these at Metro," Metro responded. "Following the January 12 incident, we conducted systemwide inspections and tests of all tunnel fan shafts and found them to be in good working condition. We also completed familiarization training for all 39 Controllers in our rail control center and we are reviewing additional protocols and training associated with tunnel fan use that are responsive to the NTSB recommendations issued today. We continue to give our full cooperation to the ongoing NTSB investigation."

Metro said it checks all fans monthly and there is a standard protocol for checking ventilation fans.

Hart, Requa and Metro Chairman Mort Downey briefed the Council of Governments about the investigation Wednesday.

Rep. Gerry Connolly said it is "stunning" that Metro would need NTSB to remind it that should have a ventilation system in working order.

Montgomery County Council member Roger Berliner said COG needs Metro to be at its very best, putting COG in a position to argue in favor of Metro.

Metro leaders raced out of the meeting when it ended to avoid reporters.

The NTSB also sent letters to the Federal Transit Administration and the American Public Transportation Association calling for a nationwide assessment of subway ventilation.



Photo Credit: @LesleyJLopez/Twitter
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"I Remain Silent": Attorney Avoids DUI Checkpoints With Form

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A controversial way to avoid a sobriety checkpoint is going viral on the internet after a man is waved through without having to talk to police.

At a typical DUI checkpoint, the driver pulls up, rolls down a window and talks to a police officer while he or she determines if there’s probable cause to give the driver a field sobriety test.

But Florida lawyer Warren Redlich came up with a loophole that lawyers are calling “constitutionally legal.”

In a YouTube video posted by Redlich, he drives up to a checkpoint with his windows rolled up and puts up a form from FairDUI.org that reads, “I remain silent. No searches. I want my lawyer.” He then showed his driver’s license, and the officer appears to call another officer over.

That officer reads the form and then waves Redlich through the checkpoint without any issues.

As the video and so-called technique continues to spread, San Diego DUI attorney and former prosecutor Mark Deniz says constitutionally, it’s OK.

"Someone doesn't have to talk to anybody if they don't want to,” said Deniz. “Someone can be rude, that's the right of a citizen is to be rude to anybody else. That's our protective rights."

But he added a caveat: it’s legal, but not practical.

He explained that using the placard and refusing to speak to police may protect you from a DUI, “but be prepared to be arrested even if you're under .08."

According to Sgt. Ernie Servin with San Diego Police Department’s Traffic Division, California vehicle code 2814.2 says drivers must stop and submit to a sobriety checkpoint.

Deniz said trying the technique will likely bring more attention to the driver and could cause more problems than if the driver just talked to the officer.

"When that officer sees you about two or three car lengths down, and they see that little placard hanging out there, you are going to bring bells and whistles and you are going to attract those officers,” Deniz said. “And you're going to be attracting the sergeant who's in charge of that, and they will be investigating you, to where a lot of times you could probably pass through a checkpoint uninterrupted."

Servin said the police department wants to encourage people to be wise and not drink at all before driving. Everyone’s body absorbs alcohol differently, he cautioned, and it isn’t worth the risk of injury or worse, death.

The department holds an average of 57 checkpoints annually and has recently hosted My BAC programs, where the public can test their blood alcohol level on a breathalyzer.

4 Killed in Miami Small Plane Crash

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A small twin-engine plane crashed, killing four people aboard, near the intersection of Krome Avenue and SW 144th Street in Southwest Miami-Dade County Wednesday afternoon.

The Beechcraft 1900 had taken off from the Miami Executive Airport earlier Wednesday and was headed for Providenciales International Airport in the Turks and Caicos Islands when it crashed around 2:30 p.m., the Federal Aviation Administration said.

"Fire crews that were responding noticed a huge black column of smoke in the distance, as soon as they got here it was apparent that it was an airplane, the downed power lines, the damage was consistent to a plane crash, completely engulfed in flames," Miami-Dade Fire Rescue Lt. Arnold Piedrahita said.

The plane was trying to turn back to Miami Executive after one of the engines may have failed, according to Greg Chin of the Miami-Dade Aviation Department.

A friend of the family told NBC 6 that the pilot of the flight was Captain Raul Chirivella, 52. Also on the plane was copilot Roberto Cavaniel along with Juan Carlos Betancourt. All three were from Venezuela. The family friend told NBC 6 the group was in the United States looking for plane parts to take back to Venezuela.

A fourth person was on the flight, but has not been identified.

Some 500 gallons of fuel were on board the aircraft, fire officials said. According to Piedrahita, it took so much foam to put out the fire, a foam truck from the nearby airport was brought to the scene.

"Once the fire was extinguished, firefighters investigated the area and unfortunately, sadly, no survivors were found," he said. "It's a small contained area, in the dirt, no structures were affected, no homes, no animals or other bystanders or people on the ground were injured."

The crash initially knocked out power to 537 homes, according to Florida Power and Light. FPL said power was restored to all but four homes within an hour. FPL said one pole was knocked down and another was compromised due to the crash.

Miami-Dade Fire, Miami-Dade Police, and other agencies responded to the scene. The National Transportation Safety Board will be leading the investigation.

As a result of the crash, Krome Avenue between Southwest 136th Street and Southwest 168th Street will be closed until Thursday morning.

Stay with NBC6.com for the latest on this breaking news story.



Photo Credit: NBC 6

Allied Gardens School Lockdown Lifted

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A middle school in Allied Gardens was on lock down Wednesday afternoon after receiving an unspecified threat.

Police said they received a call a little before 1 p.m. that Lewis Middle School had received some sort of threat, prompting the lock down.

Parents told NBC 7 they were upset that an email or reverse phone call was not made to alert them to the incident.

The school police and San Diego Police Department were on the scene.

The lock down was lifted just before 2:30 p.m.

No other details were immediately available.

This is a developing story. Check back here for updates.



Photo Credit: NBC Bay Area

Boston Transit Chief Steps Down

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Boston's regional transit chief Dr. Beverly Scott is stepping down, effective April 11, amid criticism of how her agency handled delays, suspensions and massive snowfall.

On Tuesday, Scott defended her decision to suspend the Massachusetts Bay Transportation Authority's rail service for more than 24 hours as crews struggled to clear the tracks. This decision was highly criticized as thousands of commuters scrambled to make alternative travel plans.

When asked Tuesday why he had not yet huddled directly with Scott, Massachusetts Gov. Charlie Baker said he had no direct control over the MBTA and was dealing with the agency through Secretary of Transportation Stephanie Pollack, who has a seat on its board of directors.

Dr. Scott sent a letter Wednesday to the MassDot Board of Directors.

"Over the next sixty days, I will work with you, and the Board, to effect a smooth transition. During this period, I will place priority attention on working with our team to: return 'T' services to normalcy," said Scott.

Gov. Baker's office issued a statement following Scott's resignation that read, in part, "The Governor and Lt. Governor were surprised to learn of Dr. Scott's resignation this afternoon. They thank her for her contribution to the Commonwealth and are grateful for her offer of assistance as the MBTA transitions to a new General Manager."

"I thank Dr. Beverly Scott for her deep commitment to our public transportation system and to the people of Boston and the Commonwealth," said Mayor Marty Walsh in a statement. "She has shown leadership and courage during the challenges we are facing, and I wish her the best of luck in the future. I look forward to working with the Governor to improve our public transportation system to better serve our residents who rely on it everyday."

Rail service partially resumed Wednesday morning after being shut down for more than 24 hours as crews cleared snow and ice that had built up on the tracks from recent storms. 

"During these past two years-plus, it has been an absolute pleasure and honor to serve with and lead this dedicated team of transit professional and public servants," said Scott.

As the long commute home began Wednesday with limited MBTA service continuing, some MBTA riders were surprised to hear of the resignation.

"Really, the lady that was on yesterday?" said John Dovoses of East Weymouth. "It's not really her fault. I mean, you've got to deal with what you've got."

The recent performance of the MBTA has also raised questions about whether the aging system can be modernized enough to handle the Olympic Games -- should they take place in Boston in 2024. 

"We are running an extremely aged system that is getting a pounding every single day," said Scott earlier this week.

Wednesday, commuters had mixed views on whether Scott's decision to step down would actually help the T improve service.

"I can see why she did that," said Alisa Raymond of Randolph, who had a two-hour commute Wednesday morning. "I watched her YouTube video the other day, and I feel like the management could be a lot better than what it is right now."

"I feel bad for her, I don't know, I don't think she necessarily caused this," said Kristen Braithwaite of Weymouth, who had a three-hour morning commute. "I think we need more money into the system, I don't really see how things get better otherwise."

Throughout the day, the buses couldn’t come fast enough to shuttle commuters on the T’s Red Line route between Braintree and JFK stations Wednesday – just one of several areas experiencing service interruptions after the MBTA resumed limited rail service after a 30 hour shut down.

"Forty-five minutes we've been waiting," said Leanne Hindy of South Weymouth. "It's taking a while."

"Oh my God, this is ridiculous," said Cedric King of Quincy. "The wait alone just for the buses is tiring, we're cold."

"I am stunned by the resignation of Dr. Scott. Be clear, this Board has had no discussions at any time about her tenure as General Manager. We hoped and expected that she would fulfill her three year contract, which ends in December of this year. I want to thank Dr. Scott for her skillful and committed leadership over the last 26 months, and wish her the very best as she moves on to her next challenge. In the coming weeks, I will appoint a sub-committee of the Board to direct a nationwide search for her replacement," said John Jenkins, Chairman of the MassDot Board of Directors. 

Scott was appointed in 2012 after managing transit systems in Atlanta, Sacramento and Rhode Island and holding leadership positions in others including the Metropolitan Transit Authority in New York.

"For me, the special 'X Factor' at the 'T' will always be its people," said Scott.

Scott did not give a specific reason for her departure.



Photo Credit: NECN

91K Cronuts? How to Spend the $500M Powerball Jackpot

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Tonight’s winning Powerball ticket is worth $500 million.

The half-billion dollar jackpot, the third-highest Powerball jackpot in U.S. history, was upped from $485 million ahead of Wednesday's drawing due to the high volume of ticket sales.

While winning the money may not buy happiness, such a large cushion of cash can grant you access to some of the world's most luxurious experiences and items. Here's a look at some of the things you could splurge on if your ticket's numbers are called when the winning combination is announced at 11 p.m. eastern.

100 Lamborghini Veneno Roadsters, with extra money left over to tip valet.

27 private helicopters like the ones used by Christian Grey in "Fifty Shades of Grey." Each Eurocopter brand chopper piloted by the fictional multi-multi billionaire at the center of the story costs about $3,950,000.

91,911,765 cronuts from Dominique Ansel Bakery, where flaky treats cost around $5.44.

76,923 wedding dresses from Vera Wang. The top designer's creations set brides back at least $5,000 per gown.

71,429 wells to serve a communities in Africa through Water Wells for Africa, which estimates that each well, which serves 2,000 people, costs $7,000 on average. 

4,000 private island lots like the ones offered on Fiji's Mavuva Island. Each lot on the remote island starts at $125,000 each.

If you didn't want to spend it all at once, you could use some of your earnings for these luxury experiences and goods recommend by VIP concierge services for the rich and famous.

  • Attend the highly anticipated potential fight between Floyd Mayweather and Manny Pacquiao in May for $25,000, with floor seats, private travel, red carpet access, penthouse accommodations. The Black Door Experience package comes with VIP access to all of Las Vegas, including a private celebrity chef dinner, company Founder and President Rachel McIntyre.
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  • $72 million gets you a flight with the Russian space team to the International Space Station, where you can go outside the space station and space walk like you're George Clooney in the movie "Gravity." No one has yet taken The Bluefish concierge service up on the offer, CEO and Founder Steve Sims said.
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  • For $900,000, be the star of your own James Bond film for the weekend. You can create a plot line and have hired actors play the villains and kidnap you. Let your imagination run wild as  your moves are choreographed and filmed with actors, spanning locations like the Bahamas, Monte Carlo and Russia, Sims said.
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  • In the mood for Italian? For $500,000, The Bluefish will send you to Florence to eat dinner for six at the feet of Michelangelo’s David for three nights, with special access to a non-public gallery and residence in the personal home of a world famous designer in Tuscany.
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  • Dive down to see the Titanic with scientists. There won’t be any Wi-Fi, but for $60,000, you’ll get to eat with crews from Russia and France as they measure how the pressure and lack of light affect the Titanic’s preservation. The trip, coordinated by Bluefish, will last two hours, and you’ll see a lot of wildlife and ocean life that you’ve never seen before.
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  • $50,000 gets you and your friend VIP access to the Victoria Secret Fashion Show, with backstage passes, a trip to the after party accompanied by two models and accommodations for one night, said Sims. 
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  • It won't even set you back seven figures to sit in the millionaire seats at Churchill Downs. For $400,000, a family of four can snag Millionaire's Row seats at the Kentucky Derby and private airfare to and from the race, courtesy of Goviva. You'll even have money left over to bet.


Photo Credit: Getty Images

Mom Tackles Driver Fleeing Cops

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A high-speed police chase came to a dramatic end Wednesday in North Dallas when the driver rear-ended a family's minivan and was promptly tackled, dragged into the street and beaten by a woman and a man inside.

Dallas police had been chasing a stolen white Dodge Challenger along residential streets, parking lots and Interstate 635 when the driver, suspected of a carjacking at gunpoint, tried to split between two cars at a stoplight but instead rammed into them at Walnut Hill Lane and Abrams Road.

Jessica Liesmann, who was driving the minivan the suspect hit, and her boyfriend Charles Cook got out of their car, quickly approached the suspect's vehicle and fought him to the ground, before police officers arrived and arrested him.

"I saw him come behind me and hit me. I turned around and asked my son, 'Are you okay?' and he was like 'Yeah' — so I jumped out the car and was like, 'What the hell is wrong with you? You’re in a school zone. What are you thinking?' He didn’t say anything," Liesmann said.

Her son T.J., 13, was also in the car and was taken by ambulance from the scene. He was released from the hospital just before 6 p.m.

"My mom, she did put him in his place, and I'm glad that he's in jail 'cause, to be honest, when I was in the car, I thought I died," T.J. said.

"I was just angry. I just lost my 4-year-old child on the second day of school, and to think of something else happening to one of my kids," said Liesmann, "I just can’t imagine. I’m just grateful, first of all, that he’s OK, and second of all, that that guy is in jail."

A handgun was recovered from the stolen Challenger, police said.

"If he had a gun, I just thank God that he didn't pull it out, 'cause I could've easily been shot and she could've easily been shot," Liesmann's boyfriend Cook said.

Officers said the suspect will be charged with aggravated robbery and hit and run.

Dallas police had begun chasing the Challenger near Haskell Avenue and Interstate 30, after getting a report of a carjacking at gunpoint.

We'll update this story with more information as soon as it's available.  As this story is developing, elements may change.



Photo Credit: NBC 5 News
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Movement on the San Diego Stadium Front

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After expressing dismay, if not outright frustration and anger, over Mayor Kevin Faulconer's announcement to assemble a citizens stadium advisory group, the San Diego Chargers and the task force have found an olive branch.

A meeting has been set up, reportedly for next Monday, Feb. 16, so the nine-member panel and the team can start to understand each other. The Chargers will likely share their experiences over the last decade and a half of trying unsuccessfully to get a stadium deal done, trying to move past failed strategies and move ahead with a plan that will work for all involved.

The purpose of the advisory group is to come up with a financing plan for a few facility that will benefit both the team and, more importantly, the San Diego community. While it does not have the final say in what package is sent to the voting public, Faulconer is relying heavily on their ability to work with the NFL franchise to fix the multitude of problems that have plagued this process for 13 years.

Building on the existing Qualcomm Stadium site and a Downtown San Diego spot near Petco Park are still the top two options. The ability to expand a tax vote outside San Diego city limits and include the entire county will also be a major point of emphasis.

To paraphrase Neil Armstrong, this is one small step in what will be a long process, but one potentially giant step in getting the ball rolling and keeping the Chargers in San Diego.

The advisory group held its first meeting Friday with a closed-door session, where they elected Adam Day, a Sycuan Tribal executive, as their chair. After the meeting, Day said they plan to hold a public forum to get public input on the process, hoping to alleviate that point of concern critics have already voiced.

James Shields: "This Is About Winning Now"

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San Diego Padres fans heard from the team's newest addition, right-handed pitcher James Shields Wednesday.

Shields is speaking right now along with Executive Vice President/General Manager A.J. Preller and Manager Bud Black.

"It's incredible the change and the willingness to win," Shields said about the Padres. "This organization is ready to win now and that's what attracted me."

On Sunday night, Preller continued the most improbable off-season in San Diego sports history by announcing Shield's contract agreement.

The four-year contract is worth between $72 million and $78 million.

That's over and above the 2007, $52 million deal the Padres made with Jake Peavy after his National League Cy Young Award, the team reported.

Shields recently moved to Rancho Santa Fe and said it's amazing to be able to play in the same city where he and his family live.

Watch the news conference here and see more from Shields on NBC 7 News at 6 p.m.



Photo Credit: Getty Images

Drone Almost Hits Jet at 4,000 Feet Near LAX

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A remote controlled drone almost collided with a commercial jet at 4,000 feet Sunday as it approached Los Angeles International Airport.

An investigation has been launched after the case, which occurred as a Southwest Airlines plane prepared to land at the airport. Audio recordings of the pilot and control tower documented the moment the pilot told  air control about the near-miss.

"Hey, there was just one of those radio-controlled helicopter things that went right over the top of us at 4,000," the pilot said. "One of those remotely piloted deals… (a) little bitty one, red in color."

It is just the latest in a number of incidents across the country in which drones were spotted flying far too close to airports. Federal Aviation Administration (FAA) administrator Michael Huerta warned flying drones near airports could lead to a tragedy.

"The thing that we have to avoid is any opportunity for aircraft to come into contact with one another because that is an extremely dangerous situation for everyone involved," Huerta said.

A day before the LAX sighting, a drone was spotted at 3,500 feet in Chicago. A few hours later, a private pilot reported a drone at 1,300 feet.

On Sunday in Atlanta, another drone was spotted at 8,000 feet, well above the FAA limit of 400 feet.

Drone pilots in Los Angeles say flying near places like runways is unacceptable behavior for responsible flyers

Taylor Chien, founder and CEO of Dronefly, is hoping software that uses drones' own GPS systems will be used to keep rogue pilots away from restricted areas.

"So say you fly near an airport like LAX and you are within a five-mile radius it will... stop, turn around and fly back to you," Chien said. 

Congress has given the FAA until the end of the year to come up with rules on how drones will be flown in the United States.

Skateboarder Injured After Colliding With Truck

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A Lakeside man was in the hospital Tuesday with major injuries after riding his skateboard into traffic and being struck by a truck.

The 21-year-old was riding his skateboard out of a private driveway on Valle Vista Road when he skated into the pathway of an oncoming Toyota Sequoia, California Highway Patrol said.

The Toyota was going the speed limit and tried to avoid hitting the man, but was unsuccessful. CHP said the skateboarder hit the front right side of the truck, then hit the pavement.

The skateboarder was transported to Sharp Memorial Hospital for major injuries. The driver was injured.

CHP is investigating the crash, but drugs and alcohol were not suspected to have contributed, they said.

Two San Diego Hospitals Fined for Safety Practices

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Two San Diego-area hospitals were fined by the California Department of Public Health after an investigation found the facilities had dangerous practices in place that caused or likely caused serious injury or death to patients.

One of the fines stems from an NBC 7 investigation in 2013 into the death of 57-year-old Thomas Vera, who was a patient at University of California San Diego Medical Center.

California Department of Health and Human Services records obtained by NBC 7 last September show UCSD Medical Center had broken alarm systems that the hospital knew were inoperable and did not repair. The lapse in hospital security led to a tragic search for Vera which ended when his body was found five days later less than a mile from the hospital entrance in Palm Canyon.

According to the CHHS investigation, Vera’s bed alarm never sounded. Vera was under video surveillance, and when nurses were notified, the report states they “attempted to contact security by paging security twice with no response and then pushing the panic button twice with no response.”

The panic button was “broken for 8 days,” according to the report.

UCSD Medical Center along with Palomar Medical Center in Escondido were two of the ten hospitals across California facing penalties and fines of up to $700,000.

Palomar Medical Center was fined for failing to ensure the health and safety of a patient and are facing a penalty of $50,000. This is the hospital’s first Immediate Jeopardy administrative penalty.

According to the report on Palomar Medical Center, a 68-year-old male patient at the hospital determined to be at an increased risk of falling. The facility used a call/bed exit alarm system that would ring a Certified Nursing Assistant (CNA) with a hand held phone if a patient tried to leave the bed. If no nurse replied in a one minute time frame, the system would alert all staff on the specific nursing unit and the alarm could only be turned off from the patient’s room, according to the CDPH report.

A review of the incident found the alarm failed to go off the morning the 68-year-old male was found on the floor and staff later acknowledged the alarm had been turned off. When the nurse found the patient on the floor, the alarm system had not been activated, the report found.

John F. Kennedy Memorial Hospital in Riverside County and Southwest Healthcare in Murrieta were among the other hospitals fined nearby.

Fined hospitals are now required to provide CDPH with a plan to correct their mistakes to prevent further incidents. Hospitals can file an appeal to the penalty within ten days of notification.



Photo Credit: NBC 7 San Diego

Succulent Sweets in San Diego for Valentine's Day

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This Valentine’s Day, celebrate with a love affair that will never sour. Maybe it’s melting chocolate covered goodness or sublime sweet and salty flavors. Whatever your persuasion, we have a sumptuous list of sweets served up at local businesses, thanks to Yelp.

Local Tap House & Kitchen, Oceanside

Moon over these Mason Jar Delights. The sassy S’mores are layered with sinful coconut graham crackers, dark chocolate, salted caramel gelato and topped with burnt marshmallows. Or sample the salted caramel bread pudding with apples and vanilla gelato and the chef’s seasonal beignets.

Elixir Espresso Bar, Downtown

Nothing is cuter than a crepe. Stop in for a Mexican chocolate mocha and authentic Italian gelato or try the delicious banana and Nutella crepes, topped with powdered sugar. Or you can fill your selection with strawberries alongside a white truffle raspberry coffee drink. This casual location is great for a date or even just for treating yourself.

Blue Ocean Sushi, Carlsbad Village

The menu includes a mocha and an almond chocolate flourless almond torte, but the real standout is the ginger butterscotch pudding created with a gingersnap-sesame crumble, sea salt and cinnamon whipped cream. If that doesn’t get you salivating, order the tempura green tea sundae with banana brûlée and Szechuan peppercorn chocolate sauce.

Le Parfait Paris, Gaslamp

Oo la la, we’re in love, with this spot’s desserts. They include the Macarons Tower, Eclairs Excite, and don’t get us started on the tiny parfait selection. Another sweet to try is the Bavarois, a popular French pastry with an almond biscuit, Madagascar vanilla mousse and fresh berries. Or you can try the Trilogie layered with dark, milk and white chocolate.

The Baked Bear, Carlsbad

Fancy Red Velvet, snickerdoodle, funfetti and peanut butter? You don’t have to choose just one flavor. Pick a cookie, pick an ice cream, choose you toppings and have the staff at this newest location stack them for a snack better than you can imagine. You can even get them hot pressed! We bet that’ll get your blood pumping.

Urban Solace, North Park

The key lime pie is a solid choice when you include roasted blackberry compote. Plus we’re drooling over the Black Velvet Chocolate Cake, with a cream cheese frosting fit for romance. Don’t stop! The Hazelnut Cheesecake is the perfect finish to any meal featuring house-made Nutella and caramel topped with whipped crème fraîche and cracked hazelnuts.

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

Sports Anchor Shooting Suspect Has History of Arrests

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NBC 7 is learning more about the man accused of shooting a local sports anchor, including the suspect's arrest history and legal actions filed against him.

Mike Montana, 54, was booked into jail Wednesday morning after police say he shot CBS affiliate KFMB's sportscaster Kyle Kraska outside the victim's Scripps Ranch home. The two were in a dispute over a paint job Montana did at Kraska's house, according to investigators.

Montana is scheduled to be arraigned on a count of attempted first-degree murder on Tuesday, a charge that could affect proceedings in other alleged offenses. San Diego criminal court records reveal Montana has been arrested twice in the past five months on suspicion of driving under the influence of drugs.

His first misdemeanor citation was issued Oct. 15, 2014. Court records show Montana was released on $2,500 bail after his arrest, and that a criminal complaint was issued against him on Nov. 24. His next court appearance on that charge is scheduled for March 27, but could be postponed due his arrest on the attempted murder charge.

On Nov. 4, 2014, Montana was cited a second time for driving under the influence of drugs. He was booked and jailed and again released on $2,500 bail. His next hearing on that misdemeanor is also scheduled for March 27.

Civil court records in San Diego show two small claims actions against Montana and a legal action by his formal landlord to collect more than $5,000 in back rent that Montana allegedly owed for an office/storage space he rented in Santee.

Vivian Kroeger, whose family owns an industrial park in Santee, filed an unlawful detainer action against Montana and his business, Superior Painting, last August. According to that civil action, Montana owned the Kroeger family $5,113 for six months of unpaid rent and penalties at the Prospect Center, in the 9900 block of Prospect Avenue in Santee.

The property owner has twice asked a judge to rule in her favor, but court records indicate her request was denied both times, most recently on Sept. 30. Montana has not responded to the allegations or submitted any documents to the judge. That case is still pending.

The owners of Ace Towing in El Cajon also sued Montana in small claims court in 2009. Court documents made available to NBC 7 do not show the amount of the dispute, but they do reveal that a judge heard the evidence and ruled in Montana's favor, and that the towing company was not awarded any money in that dispute.

Montana was target of another small claims action filed in 2007, but records on that dispute are not immediately available.

State records also show that Montana's contractor's license for his painting business was suspended for a month in 2002, after a painting supply company obtained a court judgment against him in a financial dispute.

Montana filed for bankruptcy that same year, and his contractor's license, which he obtained in 1991, was reinstated and is currently valid. Last year, Montana again filed for bankruptcy protection, according to federal court records.

Frank Coit, the owner of Lonestar Contracting and Montana's former boss, said he got to know the suspect when he noticed Montana was living in a shipping container on the property behind Coit's business. 

Wanting to be a good neighbor, Coit said he gave Montana some work. However, he ended up withholding $800 in payment from Montana and replaced him on a painting job because the customer complained of shoddy workmanship, according to Coit.

Soon after, the boss said he started receiving threats from Montana.

"Keep in mind, he does go to the gun range every week and he is quite a marksman and doesn't mind getting bloody," said Coit, paraphrasing what Montana told him. "He insinuated threats, but at the same time, a child can read through those likes."

According to the San Diego County Sheriff's Department, Montana is not licensed to carry a firearm. Police say they do not know how he got a gun to carry out Tuesday's shooting.

After police released Montana's and his vehicle's description, a neighbor told NBC 7 he spotted Montana's white van, which had "Superior Painting" written on the side, after hearing about it on the news. Tuesday evening, he called the tip into police, who surrounded the home where Montana was renting a room. After a three-hour SWAT standoff, police negotiators convinced Montana to peacefully walk out of the house with his hands up in surrender.

Kraska was rushed to the hospital Tuesday afternoon, where he underwent surgery. KFMB says he is now recovering at Scripps La Jolla Hospital.



Photo Credit: NBC 7

High Wind Warning Issued for San Diego, Riverside Counties

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San Diego County and Riverside County were under a high wind warning Wednesday according to the National Weather Service.

Strong winds forecast at 30 to 40 mph could occur between now and Friday at 10 a.m. PT.

Gusts could reach 60 to 80 mph at times, the NWS warns.

Drivers using Interstate 8 into San Diego's East County or the Cajon Pass along Interstate 15 may be affected.

"We are dealing with Santa Ana winds," said NBC 7 Meteorologist Jodi Kodesh. "In addition to the dry conditions, very warm conditions, 10 to 20 degrees above average."

Five Arrested in Mira Mesa for Commercial Burglaries

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Five people have been arrested for their potential involvement with 25 commercial burglaries targeting Apple computers after a SWAT standoff in Mira Mesa, officials said.

The incident started shortly after 7:30 a.m. Wednesday at a home on Acaso Drive and Andasol Street, when Sheriff's Deputies said they served two additional search warrants related to a series of commercial burglaries. Two other homes were also raided.

More than 25 commercial burglaries have been tied to this investigation that has been ongoing for a year, said Detective Nathan Rowley with the San Diego Sheriff's Department, and officials believe more burglaries might be connected.

The suspects have been targeting Apple computers, officials said, and some of those computers have been recovered.

$60,000 in Apple products have been stolen from businesses in Mira Mesa, Del Mar, Solana Beach, Encinitas, Poway and 4S Ranch, Rowley said.

Rowley said he did not know what the computers were being used for or whether the investigation is gang-related. Officials arrested one gang member that was a suspect, he said.

Two others were arrested as well not for this crime but for another crime, Rowley said. Those two people happened to be there during the raid. The five others arrested are under investigation as to their rules in the crime spree. Rowley said officials may be looking for more suspects.

The SWAT standoff ended before 10 a.m.

This is a developing story. NBC 7 has a crew on scene and will bring you updates as they come. Check back for new information. 

Biz Dispute May Have Led to Kraska Shooting

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San Diego police say a painter suspected of shooting and wounding a TV sportscaster was in a dispute with the victim over work done on his house.

Lt. Scott Wahl said Wednesday that the dispute centered on the suspect's painting of Kyle Kraska's home. He didn't offer specifics.

Police allege Mike Montana fired multiple shots through the rear window of Kraska's silver Mercedes on Tuesday outside the house. CBS affiliate KFMB-TV says Kraska's injuries are serious but his prognosis is good.

Federal court records show Montana filed for bankruptcy protection last year. His state business license was suspended in 2013 for nearly $2,000 in unpaid fees.

Officials at Scripps Memorial Hospital have not released an update on Kraska's condition citing HIPAA rules.

Parents Say Porn Is on School iPads

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A group of local parents claim their children were exposed to porn on school iPads.

The Encinitas Union School District is advising parents to strengthen their home internet filters to keep inappropriate content from downloading on the devices.

Parent Neal Warren spoke at Tuesday's meeting where a group of five parents addressed the school board about the problem.

On Wednesday, he told NBC7 by email: "There have been incidents of children seeing inappropriate images in their classroom on iPads that never left the school. Whatever filters that were supposed to be in place on campus failed where a whitelist could easily solve this problem.

"Parental supervision is possible at home, but what happens when a teacher gives seven year olds free time on a school iPad when there are no parents or effective filters?"

Encinitas Superintendent Dr. Timothy Baird released a statement Wednesday evening, saying the district takes filtering of students' devices seriously.

"At a district level, the filtering system is strong, constantly monitored, and updated accordingly," his statement read. "Teachers and school site staff have a process to inform the IT department of any issues and are trained to discuss, teach, and monitor responsible use of both the iPads and the internet."

However, he said the best filters and lines of defense are parents and staff. Administrators continue to research and suggest special websites and search engines that provide safe searches.

"The district is also piloting a filtering option through our Mobile Device Management program that will provide an extra level of filtering for iPads when students are off the school network," said Baird. The tool should be available as early as next week.

As school let out at Flora Vista Elementary on Wednesday, parents had strong opinions, not just on the controversy, but on the use of iPads in the classroom.

"I'm afraid of what they're taking out of schools to replace with technology," said parent Aubri Almendariz, who has a fourth grader and second grader in the district. "I do think restrictions are relative, and kids are still exposed to things that they're not ready to be exposed to."

Parent Amy Brightfield said believes technology is the future and kids should learn it now as long as adults carefully consider restrictions.

"There's things that we should limit and things that we should talk about, like how much they should be used, but I think there's definitely advantages," Brightfield said. "I think it's where our educational system needs to be, and needs to be improving on, and I think it's good that they have them here." 



Photo Credit: NBC 7

Unique Ways to Celebrate Valentine's Day in San Diego

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Looking for a new way -- aside from chocolates and flowers -- to share Valentine’s Day this year with your partner in crime?

The Headquarters, the revitalized former San Diego Police headquarters in downtown San Diego, is hosting such a unique Valentine’s Day bash it’s criminal. It will include an outdoor showing of the classic movie, “Bonnie & Clyde,” along with picture-taking in the 1939 jail cells.

Come early for cocktails and chocolates and bring a chair or blanket for the screening. The movie starts at 6 p.m. Friday and the best part is that it’s free.

If you and your special someone aren’t the lawless bunch, there are plenty other unique ways to share your love on Valentine’s Day.

Here are a few other ideas:

Vowentine’s Day at The Del: Were you married at the Hotel Del Coronado? If so, you can renew your vows in a special ceremony in the hotel’s Crown Room on Valentine’s Day. The event costs $400 per couple and includes a bouquet and boutineer, a three-course dinner and cake, dancing and a photo. More details here.

Paper-cutting workshop: Craft the perfect Valentine for your Valentine by taking this art of paper cutting workshop at the San Diego Museum of Art. San Diego artist Bhavna Mehta will show off his unique style for designing and creating paper cards. The workshop costs $45 for members and $55 for nonmembers.

Five-course fondue: Head to The Melting Pot in the Gaslamp Quarter on Friday between 4 p.m. and 11 p.m. for five courses of fondue! This event features a prix-fixe menu.

Couples Acro Yoga: Don’t celebrate Valentine’s Day by eating chocolate. Burn those calories with a Couple Connection Acro Yoga Class at 2 p.m. Feb. 14 at Grotto Climbing, 4460 Alvarado Canyon (just east of Qualcomm Stadium). For more information, call 619-283-2105.

Life-sized Cards: Take a family photo behind a life-size, heart-shaped cutout Valentine's Day card created by Legoland. You can get your picture taken at the Palm Plaza at Westfield UTC on Thursday and Friday between noon and 3 p.m.



Photo Credit: Getty Images
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