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Family: Coyotes Take Over Doghouse

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Two roaming coyotes have taken up residence in an old doghouse in a New Jersey backyard, keeping up the family living there with their incessant nighttime howling, the family says.

Liora Sofer of Closter said the coyotes have been trotting to the unused doghouse in her backyard each night for the last three days. The coyotes sleep there and then leave in the morning.

Sofer said she first heard howling on Saturday night.

"The next morning I woke up, and I saw them again waking up from the doghouse. That's when I started to freak out a little bit," she said.

They aren't exactly respectful neighbors, either. Sofer said she and her teenage daughter have been awakened multiple times during the night by the coyotes' screeching and howling.

"They howl so loudly that I can't sleep," said Sofer.

Sofer's 15-year-old daughter Maayan said, "One time I even thought it was my mom screaming. It's so loud it sounds like shrieking noises. It's really scary."

Sofer called police, who were "very nice" but told her there was nothing they could do. They referred her to animal control, who told her they couldn't do anything, either.

Sofer said she was told to make loud noises to scare off the coyotes and to board up the old doghouse, which she did Wednesday night. But so far, it hasn't been a permanent solution.

If the coyotes continue to return, Sofer splans hire a private company to catch and remove them.

The borough of Closter was not available after hours to comment Wednesday. 

Last year, when police in the northern New Jersey community of Elmwood Park warned residents of coyote sightings and in one case, an attack on a pet dog, authorities noted that it's become "quite common for coyotes to enter into urban and residential areas and in many cases make small wooded areas their home," according to the New Jersey Division of Fish and Wildlife. 

Coyotes generally hide from humans but in the spring, when they give birth and begin to raise litters, they concentrate their activities around dens or burrows in which the young are sheltered, according to the Humane Society, and may become defensive and territorial.

People who encounter a coyote should never run away; instead, they're encouraged to "haze" the animal with techniques like making loud noises or throwing sticks or objects towards (but not at) the coyote.


Possible Jackson Pollock Could Be Worth $160M

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There is a piece of canvas in San Diego right now that could be worth more than $160 million -- if it’s real.

“It would be the second most expensive painting in the world,” said Mark Palmer who represents the painting’s current owner.

Palmer describes it as a previously unknown 1947 Jackson Pollock. If that’s true, it would be one of slightly more than 100 Pollock originals in the world, Palmer said. But if that is the case, then where has this painting been all these years?

“It was originally donated to a thrift store in New York. We don’t know by whom,” said Palmer, “and it was picked up by a collector, who sold it to another collector, who sold it to the current owners, who live in San Diego.”

Those owners want to remain anonymous. In fact, to see the painting, NBC 7 met the representatives in a North County hotel room, so as not to disclose the identity of the owners.

The history of this particular painting makes for a fascinating story, again, if it’s true. Palmer did provide two separate reports to NBC 7 claiming to show the painting is authentic. The first is a forensic report. The authors claim they traveled to Pollock’s former New York studio and laid the painting down on the floor, matching it to paint splatters. That’s not all the report says they found.

“They found microscopic particles of birch leaves, the same trees that grow around, or grew around Pollock’s studio,” said Palmer.

It’s important to point out the authors of that report did disclose to NBC 7 that they were paid by the owners for it.

The second report involves more than 400 pages of data derived from software called WNDCHRM, capable of identifying an original Jackson Pollock. Palmer said the tests identified the painting as having a 93% chance of being authentic.

NBC 7 tracked down the designer of the WNDCHRM software, Lior Shamir, a professor at Lawrence Technological University in Michigan. He looked over the report provided by the owners of the possible Pollock original and said he sees several problems with the way the testing was done.

“They didn’t use color information at all,” said Shamir. He also said his software has never been tested to identify a forged Pollock. The program has only been tested to tell the difference between authentic Pollock and those paintings known to have been inspired by Pollock’s style. Shamir does not dismiss the painting altogether, but said the report alone does not prove authenticity.

“It doesn’t mean anything,” said Shamir, “What’s in there doesn’t mean anything, whether it is a Pollock painting or not a Pollock painting. There’s just no meaning to that information there.”

Still, Palmer said he is absolutely convinced of the painting’s authenticity. The owners have already received three serious offers but will not disclose the amount of those offers.



Photo Credit: Greg Bledsoe

Cocos Fire Funds Not Distributed to Victims

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It has been almost a year since the Cocos Fire tore through nearly 40 homes, but many of the victims have not seen their share of the money raised for them.

A $19,000 check donated to a local emergency-relief charity last June has not moved since the charity received it.

The fire that sparked near Village Drive and Twin Oaks Road in May 2014 forced the evacuation of Cal State San Marcos and hundreds of other homes. It scorched 1,995 acres and cost the city of San Marcos approximately $10.4 million in damage and firefighting expenses.

Stone Brewing Company donated $19,292 to the San Diego Voluntary Organizations Active In Disaster after hosting a fundraiser last June at their Escondido location. Organizers at SD-VOAD say they earmarked the money to go into its "Unmet Needs" fund. 

The fund was dedicated to rebuilding homes in the area that were hit hardest by the fire.

“Stone has they graciously raised the funds they want to see them used,” said Valerie Brown with the San Diego Voluntary Organizations Active in Disaster Secretary. “We are at the year anniversary, we don't like hanging on to funds unless they’re going to be used for what they're intended."

The victims, however, have not seen their share of the $19,000 raised to help them.

Mitzi McKinney, one victim of the firestorm, said she is frustrated that it is taking so long to give out the money to the victims.

“It’s almost a year later and I'm going to be homeless at the end of June,” said McKinney.
She was one of many that lost everything in the fire.

“There was nothing left. We went back to ashes,” McKinney said. “There was no structures left. Everything was burnt to the ground and then having to see these fire pictures again, it's stressful."

Some of that stress comes from the fact that she has not seen any of the $19,000 donated to victims like her.

So far, the nonprofit said, the rebuilding process has been stalled because of zoning and building code issues.

The nonprofit organization has now decided to distribute the funds equally to all 65 households affected in the Cocos Fire so victims like McKinney can see some relief.

SD-VOAD says it will start paying out the money within the next two weeks. Each of the 65 households will receive about 300 dollars.  

Ed. Note: A previous version of the article incorrectly identified Stone Brewing Company as the organization distributing the funds. The article has been corrected. We regret the error.



Photo Credit: John Beaune

Mom Leaves Baby Behind in Search of Doughnut

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A Southern California doughnut store worker was left baffled with a baby on her hands when a mother left her little girl behind in search of a doughnut.

Looking for a specific sweet treat, a woman took her 5-month-old baby and cousin to Golden Donuts in National City Wednesday morning.

But when they learned the shop didn’t have the right doughnut, the adults walked out empty handed — too empty handed.

Left behind, sitting on a table in her car seat, was the infant, National City police said.

“I thought she took the baby,” said the store employee. “And then a customer told me, ‘Oh the baby on the table.’ And then I look around. She was already gone.”

As the mother continued her quest at Yum Yum Donuts in Spring Valley, the employee called 911.

The parent realized she was down a baby once she reached the second shop, and she immediately called Golden Donuts to make sure her kid was OK.

When the two rushed back, police reunited the woman with her infant. The mother told officers she and her cousin got confused about who was watching the baby at the first store.

Police say the mother was not under the influence of drugs or alcohol. She was not arrested or cited.

Lotto Winner Has Hours to Claim $1M, Ticket May Be Lost

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A SoCal $1 million Powerball winner has just hours left to claim his prize – but may have lost his ticket.

California Lottery officials said they are working to help the man get his hands on his massive wad of cash after he bought a winning ticket in the Rosemead Supermarket at 8800 East Valley Boulevard on Sept. 13.

Officials also said the store has identified the man they believe has won, and that he himself knows he is a winner but has so far been unable to locate his slip.

He has to claim the prize at a lottery district office by 5 p.m. Thursday, and if he cannot find his ticket he can still get his money if he can prove he bought the ticket. However, he will be subject to extensive interviews to prevent a fraudulent claim.

The winning numbers were 1, 6, 16, 34, and 53. The powerball itself was 27 and was the only number he did not get, or his prize would be even bigger.

If he does not claim the prize the money will be donated to California schools.

GameStop Gives $50K to Family

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Officials with GameStop are the latest to honor slain Philadelphia Police Officer Robert Wilson III with a large donation to his family.

GameStop executives stopped by the Philadelphia Fraternal Order of Police headquarters Wednesday and dropped off a $50,000 check for Wilson’s family.

“They really didn’t want any fanfare,” said FOP President John McNesby. “They didn’t want any cameras. They didn’t want any crazy stuff. They just wanted to come in very quietly. They didn’t want to take away from the heroic actions of Officer Wilson.”

In addition to the $50,000 check, GameStop officials also plan on setting up donation jars for Wilson’s family in stores along the east coast. All of the proceeds will go to Officer Wilson’s memorial fund.

Wilson, a 30-year-old father of two, was killed during a robbery at the GameStop on Lehigh Avenue in North Philadelphia last Thursday.

Wilson was in full uniform when brothers Carlton Hipps, 30, and Ramone Williams, 26, entered the GameStop store inside and announced the robbery, subsequently sparking a "fierce and violent" gun battle that ended with the officer being shot in the head and killed, according to officials.

"They were both firing at him," said Police Commissioner Charles Ramsey. "He was actually being hit during the exchange of gunfire but he continued to fight, continued to shoot until the fatal wound was fired and it brought him down."

Wilson is being hailed a hero and is credited with saving the lives of customers and store employees, according to Ramsey.

Both Williams and Hipps are charged with Wilson’s murder.

A trust fund was set up last week for Wilson’s two sons, a 10-year-old and a 1-year-old. The fund is being managed by the Police and Fire Federal Credit Union. Donations can be made in person at the following branches:

  • 901 Arch Street
  • 7604 City Avenue
  • 8500 Henry Avenue
  • Leo Mall, Byberry and Bustleton Avenue
  • 7500 Castor Avenue
  • 3300 Grant Avenue


Checks can be mailed and made payable to:
The Robert Wilson III Family Memorial Trust Fund
Police and Fire Federal Credit Union
901 Arch Street
Philadelphia PA, 19107

Jewelry Store Owner, Employees Charged With ID Theft

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The owner of a San Diego jewelry store and two employees have been charged with 14 counts of identity theft in connection with obtaining personal financial information from customers who were active duty military members, according to a complaint filed by the San Diego County District Attorney’s Office Tuesday.

The complaint alleges, between 2010 and 2012, the owner of Romano’s Jewelers in Carlsbad, Randy (Ramil) Abalkhad, instructed employees, Carlos Omar Torres and Nellie Cha Noland, to obtain the personal financial information and then add unauthorized charges on the customers store credit accounts.

The charges are in connection with a 2012 U.S Marine Corps criminal investigation that NBC 7 Investigates obtained under the federal Freedom of Information Act.

Those documents and the complaint from the DA’s office detail how a Marine provided personal financial information belonging to military members to the jewelry store in exchange for money, jewelry and a clean balance on his Romano’s store credit account.

If convicted of all charges, the former employees and the owner face up to 12 years and four months in local prison.

The Marine was charged and admitted to bribery, conspiracy and fraud. He was convicted at a special court-martial, and sentenced to 10 months confinement, a fine of $2,260 and a bad conduct discharge, Jason Johnston, Director of Public Affairs for the Marine Corps Installation West, said in an email to NBC 7 Investigates.

NBC 7 Investigates has reached out to the former Marine and the defendants but has not received a response.

In an email, David Youssefyeh, an attorney for Romano’s, said, “I can categorically deny that any owner, or supervisor, of Romano's had any idea that any of this was going on. In fact, the one Romano's employee that was identified as being involved with the Marine was fired years ago because of performance issues.”

Youssefyeh did not answer when asked if Torres and Noland were still employed by Romano’s. NBC 7 Investigates called the Carlsbad store owned by Abalkhad, and a store employee and manager verified he was still the owner of the store.

How it Worked
Active military members have an account called Defense Finance Accounting Service (DFAS) MyPay. It is similar to a bank account and can be directly connected to other financial or loan accounts allowing the military member to have money withdrawn from the account to pay bills. Those automatic pay deduction to pay off loans are called allotments.

According to the complaint, the Romano’s employees would provide the former marine, Kymani Tate, with Social Security Numbers of military members who had store credit accounts with Romano’s. Tate would then find the corresponding DFAS MyPay accounts associated with those numbers and reset the passwords or pins. With the new pins, the Romano’s employees could gain access to the MyPay accounts and add unauthorized charges.

Abalkhad told Noland she would receive $10 for each MyPay account password she was able to reset, according to the complaint.

Noland then made a deal with Tate. According to the complaint, she offered to pay Tate $25 to reset MyPay account passwords on the accounts of active duty military members who were customers.

The complaint alleges how the employees and Tate would communicate through emails to exchange the personal information.

On October 24, 2011, Noland emailed Tate with 11 social security numbers which corresponded to active duty service member’s MyPay accounts. Nolan asked Tate to reset those account passwords on all accounts to “11223355.”

Noland instructed Tate to let her know when the passwords were reset so Noland could, “tell my boss,” according to the complaint.

The next day, Noland emailed Tate asking about his progress with resetting the passwords and said, “the owner is here and asking.”

In an email, Tate responded to Noland and said, “Done. Can do some more tomorrow.”

In the days and weeks following, Noland continued to ask Tate to reset more and more pins. On November 9, 2011, Noland emailed Tate and said, “my boss asked me if you think you can get any today? We really need them. Please get back to me when you get this or when you can.”

The email to Tate continued: “I hate to bug,” Noland wrote. “Really. Its just people are down my throat and I can’t stand it. So if you can do it, it will get me off your back to :). just even if you can do 5 i would appreciate it.”

Five days later Tate emailed Noland back and said, “I am back at work and yes I can get some PINS done today.”

In total, at least 143 pins were asked to be reset.

Click here to read the complete complaint.

Abalkhad and Torres were in court Tuesday. Both men posted bail for $720,000 and were released, Steve Walker, Communications Director for the San Diego District Attorney’s Office said.

An arrest warrant has been issued for Noland, who is not currently in custody.

The store is located at 2525 Camino Real in the Carlsbad Plaza South Shopping Center. The jewelry store has locations across Southern California, including four others in the San Diego area.

In November, NBC 7 Investigates first reported concerns by military members and their families that Romano’s is taking advantage of service members.

Click here to see the original investigation.

As a result of the story, the U.S. Navy warned all its sailors in the San Diego region about the company.

Click here to learn more about the warning from the U.S. Navy.

Because the investigation is pending, Walker said the DA’s office is not able to provide other information about the evidence or facts in the case.

The owner and employees are scheduled to appear in court again on April 2.

NBC 7 Investigates is working for you. If you have more information about this or other story tips, contact us: (619) 578-0393, NBC7Investigates@nbcuni.com. To receive the latest NBC 7 Investigates stories subscribe to our newsletter.
 

Long Island Officer Shot: Police

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Police say a Suffolk County cop who was named officer of the year is in a medically induced coma after being shot during a confrontation with a suspect on Long Island late Wednesday.

Authorities say Mark Collins, a 12-year veteran who was named the department's Officer of the Year in 2008, was shot twice by a suspect at about midnight on Mercer Court, just off Jericho Turnpike, in Huntington Station.

Collins and two other officers were attempting to stop a car with four people inside on a traffic violation when one person ran from the car, police say.

Collins, who was in plain clothes and driving an unmarked police car, got out of his vehicle and chased after the man. The suspect, identified as 22-year-old Sheldon Leftenant, shot the officer in the neck and hip after a brief confrontation about a block away, authorities say.

"He is a hero and we are thankful that his injuries, although serious, are not worse," Webber said of Collins.

At a news conference early Wednesday at Stony Brook University Hospital, where Collins was brought by police helicopter, Suffolk County Executive Steve Bellone said the officer was in "serious condition" and remains in a medically induced coma in the intensive care unit.

Bellone said that Collins was "speaking and able to communicate" when he arrived at the hospital. He is expected to make a full recovery.

"While we are at home, sleeping comfortably in our beds, these officers are out there working to apprehend the people who are doing harm," Bellone said, adding he was grateful for the positive prognosis.

Leftenant was arrested after about an hour-long manhunt, police say. He's charged with attempted aggravated murder and resisting arrest. He was expected to be arraigned Thursday afternoon.

The three other people who were inside the suspect's car were being questioned. 

-- Pei-Sze Cheng and Tracie Strahan contributed to this report.



Photo Credit: NYPD

Acupuncture For Injured Owls

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A center in Spain that specializes in the recovery of injured birds of prey is using alternative medicine to nurse the animals back to health.

SD Opera Appoints New General Director

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David Bennett, former executive director of the Gotham Chamber Opera, has been named general director of the San Diego Opera.

“David met all of the criteria we were looking for and his artistic strength, infectious love of opera, creativity, vision and collaborative nature was the course we wanted to set for the future of our Company,” said San Diego Opera Board President Carol Lazier. “David’s commitment to diverse audiences and his intrinsic curiosity to find out what makes San Diego so unique was compelling to us.”

Bennett, a baritone, holds master’s degrees in business administration and arts administration from Southern Methodist University in Dallas. He was the managing director of Dance New Amsterdam, Inc. in New York City prior to joining Gotham Chamber Opera.

Bennett is the fourth leader of San Diego Opera, which is celebrating its 50th anniversary. He succeeds Ian Campbell (1983-2014), Tito Capobianco (1976-1983), and founder Walter Herbert (1950-1973).
He begins June 15.

8th Grader Arrested in Connection with "Burn Book" Threat

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An arrest has been made after an anonymous threat posted to the popular phone app called “Burn Book," police said. 

At approximately 12:40 a.m. Wednesday, a message threatening the safety of students and staff at the El Cajon Valley High School was reported.

When school staff and El Cajon police were notified, police posted a heightened presence on campus. 

Police later arrested a person at a nearby middle school responsible for posting the message, police said.

That 8th grader did not have a known connection to the high school, police said, and they did not believe there was any danger to anyone at either school.

The student was booked into Juvenile Hall on charges of Criminal Threats.

Early Wednesday, San Diego County Sheriff’s Department officials were investigating a different threat posted to the same application that allegedly made threats of violence toward Mission Hills High School in San Marcos. 

Officials said the possible internet threat – which is still unsubstantiated at this point – was discovered by a MHHS student on the website BurnBook.com at around 10 p.m. Tuesday.

Arrest in McDonald's Brawl: NYPD

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A 16-year-old girl has been arrested in connection with a vicious brawl involving a group of girls inside a Brooklyn McDonald's earlier this week that sparked cries for action from community advocates who saw the brutality in a now viral video that had been posted online.

The teen was arrested Thursday, three days after the afternoon brawl at the McDonald's on Flatbush Avenue in Flatbush. Police allege she was the ringleader in the attack; specific charges against her weren't immediately clear.

Video of the attack, which was posted on Facebook, shows four girls, all believed to be Erasmus Hall High School students, repeatedly punching and kicking another teen wearing a blue hooded sweatshirt while throngs of bystanders shout in the background

The larger group continues to attack the teen in the blue sweatshirt, even pulling out her hair extensions, until the girl huddles underneath a table with her hands over her head. At one point, one of the girls in the group stomps on the victim's head.

At several points during the fight, bystanders can be heard saying, "She’s dead," and, "You murdered her."

The video ends with several students picking the girl up off the ground and putting her on a bench.

Police did not get a 911 call about the fight, and said that officers didn't learn about the fight until getting an unrelated call in the area. The FDNY said it received a call to the restaurant.

The girl in the blue hooded sweatshirt did not want to make a report or go to the hospital. She went to the hospital later with a Department of Education staff member who was called after the fight and was treated for bumps and bruises, the department said.

Police said the investigation had been hampered by a lack of cooperating witnesses; neither the apparent victim nor her mother will work with authorities, they said.

One boy who witnessed the attack told NBC 4 New York Wednesday he "felt bad for the girl," but was concerned about intervening.

"I didn't know what was going on and I was kind of scared, I'm not gonna lie," said the boy, who asked not to be identified.

The Department of Education called the actions seen in the video "abhorrent."

Paul Goodman, the Flatbush Avenue McDonald's franchisee, said his employees contacted the police as soon as the brawl erupted, though it wasn't clear if they tried 911 or a non-emergency line.

McDonald's has not responded to NBC 4 New York's inquiries.

Monday's fight wasn't the first teenage brawl caught on video in recent days. Several male students attacked each other with bats and brass knuckles over the weekend on Long Island amid ongoing racial tensions between students at Connetqout High School in Bohemia. 



Photo Credit: Facebook

Death on Tracks Delays Train Commuters

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A death on the railroad tracks between Solana Beach and San Diego caused delays for commuters Thursday.

The San Diego County Sheriff’s Department received a call just before 6 a.m. of someone being injured at Coast Boulevard and 15th Street in Del Mar.

Deputies later confirmed that a person had died in the incident.

No further details were given.

A bus bridge was launched to pick up passengers from Solana Beach to San Diego.

The North County Transit District was active on Twitter, advising commuters to expect delays this morning.

The incident was cleared just before 8 a.m. Trains were running with a slight delay according to the NCTD Twitter posts.
 

Painting at Conn. Library Defaced

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A painting depicting Mother Teresa along with the founder of Planned Parenthood and other historical figures was vandalized Wednesday at a library in Trumbull, Connecticut, during a meeting to discuss the fate of the artwork.

Police said they are searching for a woman who was seen near the painting during the meeting. After she left the library, people noticed purple markings across the face of Margaret Sanger.

“I heard commotion in the main library. I went outside to see what was going on. Two of the employees at the main circulation desk advised me that the painting had been defamed,” First Selectman Timothy Herbst said.

"Onward We March," a painting by artist Robin Morris, shows Mother Teresa and other women, including Abigail Adams, Gloria Steinem and Clara Barton, marching, holding signs with messages including "Planned Parenthood," "Mission of Charity," "Feed the Poor," "Remember The Ladies," "Hospital Reform" and "Right to Vote," among others.

It’s been on display at the public library for months as part of the “Great Minds” exhibit, but last week, Trumbull officials temporarily removed it after organizations raised concerns that the painting depicted Mother Teresa in the same image as Sanger, who fought to legalize birth control.

Last week, Herbst said the town opted to remove the painting because the library lacked a written agreement with Resnick to protect the town against "any potential liability" from a copyright violation allegation.

The ACLU also weighed in on the issue, raising constitutional concerns about the decision to order the removal of a painting and said it was taken down amid pressure from the Catholic fraternal organization, Knights of Columbus and its supporters.

The painting has since gone back up, but it has marks scrawled across Sanger’s face.

Police said they are looking for a woman in her mid-30s, with dark hair, who was near the painting. She reached into her bag and waved her arms around the painting before leaving the library.

Town leaders said they want to ensure whoever is responsible isn’t able to do something like this again.

“I think we have to make sure that we bring the person to justice who did this. They need to be held accountable. They vandalized property in a public building,” Herbst said.

The painting is worth an estimated $10,000, but no estimate was immediately available on the damage to it.

Anyone with information is asked to call Trumbull Police at 203-261-3665.



Photo Credit: NBCConnecticut.com

Ex-Marine Accused of Sex Assault at Camp Pendleton

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A former Marine was arrested on suspicion of sexually assaulting another service member while stationed at Camp Pendleton, the U.S. Attorney’s Office announced.

A federal grand jury indictment accuses Pedro Javier Orellana, 23, of sexually abusing an active-duty Marine while she was incapacitated on Nov. 2, 2014.

The document describes the alleged victim’s incapacitated state as “incapable of appraising the nature of the conduct or was physically incapable of declining participation in the sex act.” No further details about the case were released.

Orellana surrendered himself to authorities in Laurel, Maryland on Wednesday and made his first federal court appearance. It’s unclear if he has obtained an attorney.

At a detention hearing scheduled for Thursday, a judge will decide if Orellana should be detained as he awaits his transfer back to San Diego.

He faces a charge of sexual abuse of an incapacitated victim, which carries a maximum life sentence.


Attorneys Square Off in School Yoga Case

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Attorneys squared before a panel of judges Wednesday in an appeals case concerning an Encinitas Union School District (EUSD) yoga program and whether or not it violates First Amendment rights by being too religious.

Attorney Dean Broyles is representing parents who want to shut down the EUSD Ashtanga yoga program because they claim it has religious roots. Meanwhile, lawyers representing the school district, including David Peck, argue that the program is only meant to promote health and wellness, with no religious agenda.

Broyles filed a lawsuit on behalf of several parents back in 2012 against the EUSD, saying their yoga program violated the separation of church and state. The following year, a judge ruled in favor of the district, saying the program was not religious and could continue to be taught to students.

Broyles then appealed that decision, landing him and the district attorneys back in court in San Diego Wednesday.

“Bowing to the Hindu Sun God, putting your hands in a praying position and lifting your hands to the Hindu Sun God is a religious ritual practice,” Broyles argued outside the courthouse, adding that the yoga program continues to be “pervasively religious.”

“The program is leading the kids through religious rituals that are classic worship of the Hindu Sun God,“ he added.

Broyles said that if the district allows this yoga program to continue, they will then have to let other forms of religious teachings into schools because, in his words, “The school should not be in the business of picking religious winners and losers.”

Meanwhile, Peck – who represents the EUSD on behalf of Yes! Yoga for Encinitas Schools – told NBC 7 the program has always been and continues to be devoid of any religious overtones.

“As yoga is practiced in the classroom at EUSD, it‘s simply not religious. It’s stretching – it’s breathing. It’s something all students can participate in unlike kickball where kids get picked last and other sports, this is a highly beneficial exercise routine that’s been adopted by the district for its health and wellness program,” Peck explained outside the courtroom.

“It’s not a violation of the First Amendment because it’s not a religious practice. There are no religious teachings,” he added. “Nothing has been transmitted by the teachers of a religious nature and certainly the students are not perceiving anything of a religious nature.”

The Fourth District Court of Appeal is expected make a ruling on the yoga case by June 9. Honorable justices Judith McConnell, Richard Huffman and Cynthia Aaron will decide the appeal.
 



Photo Credit: NBC 7

First Grader Who Suffered Freak Accident Gives Back to Charity

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Four years ago, toddler Masyn Bennett suffered a freak accident when a large TV fell on top of him, leaving him brain damaged.

His mom thought her son, who was treated at Rady Children’s Hospital, was dying.

But Masyn survived. This week, the local boy celebrates his seventh birthday and to show the Ronald McDonald House how much its efforts mean to him, the family raised more than $5,000 for the organization.

Masyn, wearing a birthday hat, presented a check for $6,742 on Wednesday to the Ronald McDonald House.

“He was very excited,” Melissa Bennett said. “He kept calling it ‘my birthday fundraiser.’”

The mom’s goal was initially $500, but thanks to fundraising help from the community leader group Fraternal Order of the Eagles, the family raised four-figures.

“You don’t know what you need until you walk through these doors and you’re blown away,” Bennett said.

Today, Masyn still has some frontal lobe damage and attends a special-needs class, but is in otherwise good health.



Photo Credit: NBC 7

SUV Flips After Hitting Parked Cars

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A driver flipped his car in the middle of the road after crashing into parked cars Wednesday in one Mount Hope neighborhood.

San Diego Police arrested a man just after 11:30 p.m. for the collision on 43rd Avenue.

The man was driving a compact SUV that ended up on its roof with significant damage.
 



Photo Credit: NBC 7

Chargers on Mission Valley Selection: Nothing New

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As we await the city's announcement regarding a new NFL stadium, the San Diego Chargers have been unusually quiet - until now.

San Diego Mayor Kevin Faulconer and his Citizen's Stadium Advisory Group are expected to announce the recommendation of Mission Valley as a potential site for a stadium to replace the aging Qualcomm Stadium.

The Chargers have not been shy in sharing their preference of a downtown multi-use sports stadium so when asked for a comment before the panel's news conference team special counsel Mark Fabiani said this:

"We've really tried to make our point of view clear on this issue repeatedly over the last couple of years and there isn't anything new to add today."

Watch the city's news conference on NBC 7 or at this link beginning at 11 a.m.



Photo Credit: Getty Images

Marine Freed From Mexico Jail Arrested Again

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A retired U.S. Marine who was imprisoned in Mexico for almost a year on gun charges has been arrested again, this time in the U.S.

Retired Marine Sgt. Andrew Tahmooressi was arrested in Twin City, Georgia Wednesday on allegations of carrying an open container of alcohol.

Tahmooressi was arrested for drunk driving and held on $4,000 bond, according to Twin City Police Chief Johnny Lee.

His family confirmed his arrest in a social media post: "We are aware that Andrew Tahmooressi is under arrest for various traffic related offenses. The family again reminds all he is suffering from a significant mental illness and respectfully requests privacy. We all remain committed to getting him the help he needs."

Tahmooressi was released in November after spending eight months behind bars for crossing the U.S.-Mexico border with loaded guns. U.S. politicians, veterans groups and social media campaigns demanded Mexican officials release the veteran who had been in treatment for post traumatic stress disorder (PTSD) .

The 26-year-old Florida man said he got lost a San Diego freeway ramp that sent him across the San Ysidro Port of Entry with no way to turn back on March 31, 2014. Mexican authorities found three loaded guns and ammunition in the back of his truck.

The weapons were bought legally in the U.S. however it's illegal to possess weapons in Mexico.

U.S. politicians, veterans groups and social media campaigns demanded his release.

Tahmooressi did not admit wrongdoing, and he still maintains his innocence, his attorney said.

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