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SDPD Audit Doesn't Address Racial Profiling

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The San Diego Police Department now has a long list of ways to help weed out misconduct among officers, thanks to recommendations in the U.S. Department of Justice audit released Tuesday. But community leaders are worried about what the audit does not bring up, namely racial profiling.

“It is garbage in, garbage out from the standpoint of, unless they're looking at everything, then it's really not a true audit, and it's really just more lip service,” said attorney Dan Gilleon, who has represented SDPD officers in employments and injury cases.

The 83-page audit contains 40 recommendations to handle gaps in policies and practices used to prevent, find and investigate misconduct in the SDPD.

In a statement released Tuesday afternoon, the ACLU of San Diego and Imperial Counties said many of the suggestions are necessary to the address potential problems.

“While we support these recommendations, we are troubled that the report does not adequately address racial and ethnic profiling within the Department,” the statement read. “It is time for the SDPD to modify its overall culture and make a commitment to protecting and serving all San Diegans. No San Diegan should be subjected to profiling by the SDPD.”

The ACLU believes the report should be taken to heart, but it is only one small piece of larger reform that needs to take place to regain public trust.

Community Oriented Policing Services (COPS) Office Director Ronald Davis, who led the audit, said it did not explore racial profiling because they were not asked to look at that.

“I think the conversation about police and race and dealing with implicit bias, and also dealing with racism, is a conversation that has to occur,” said Davis “This specific audit and assessment was about 17 cases, specific cases and how to detect and investigate misconduct.”

Other leaders are more enthusiastic about changes the report will bring about within the department. Former SDPD Chief William Lansdowne called the audit “well done” and right on point.

Lansdowne, who requested the review of his department before he resigned last year, told NBC 7 he hopes this sends a message to other police departments that this sort of reevaluation is OK to do.

San Diego attorney Brian Watkins said the audit showed serious problems in leadership, extending all the way down to its patrol officers.

“The positive in this is that it has been recognized and is being addressed,” he said in an email. “Time will tell if these issues have been completely eradicated or if they will reappear.”

SDPD Chief Shelley Zimmerman explained Tuesday that many of the recommendations have already been implemented by her officers, and the rest will be incorporated in the future. Lansdowne said he believes Zimmerman is the one to get these changes done.

Read the full audit here.



Photo Credit: NBC 7 News

SD Population to Exceed 4M by 2060

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Statistics from Sacramento’s bean counters offer an estimate of how big a market San Diego will become over the next 50 years.

The state expects continued growth.

The California Department of Finance predicted in December that San Diego County’s population will grow by 31 percent to hit 4.07 million people in 2060.

The report’s authors estimated that there were 3.11 million San Diego County residents in 2010. The county’s 2015 population is projected at 3.24 million residents. Study authors anticipate the county’s population will grow to 3.38 million in 2020, and increase by about 100,000 people every five years through 2035, when the rate of growth is expected to decrease gradually.

San Diego County’s Hispanic or Latino population is expected to almost double, growing from 995,000 in 2010 to 1.78 million in 2060.

The overall population of Imperial County is expected to grow faster than that of San Diego County, going from 188,000 in 2015 to 336,000 in 2060.

California’s total population is expected to grow more slowly, from 38.9 million in 2015 to 51.7 million in 2060.



Photo Credit: NBC 7
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School's Yoga Caused Me Pain: Student

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The California school district involved in a legal battle over yoga being taught in a California school system heard from one teenager who claims she will live with a lifetime of pain because of the instruction.

A group of parents sued to shut down the Encinitas Union School District (EUSD) yoga program because they claim it has religious roots.

After a San Diego County judge determined the classes were watered down enough to be more stretching than religious teaching, the case is now in the hands of the Fourth District appeals court.

At an EUSD board meeting Tuesday night, an eighth grader shared how six months in yoga class left her with $2,000 in medical bills and a lifetime of hip pain.

Katie Prince, 14, said yoga poses in her sixth grade PE class either aggravated or caused the hip impingement she struggles with today.

“When I was in yoga I was in a lot of pain and I couldn't walk and my hips were grinding on each other," Prince said.

After two years, the teenager spends a couple hours a week in physical therapy.

She shared her story for the first time with the school board who added the yoga curriculum to the PE program.

“This could happen to anybody and it is happening to children,” Prince said.

Prince opted out of the class originally for religious reasons.

Her parents and a dozen others who also say teaching yoga is teaching religion were at the board's regularly scheduled meeting.

“If the child doesn't do the poses correctly, at best it's not effective. At worst, it can lead to injury which is what we are seeing,” one parent told the board.

“This can't be regulated. People can do whatever they want and say whatever they want in that room without me,” parent Sara McKay said.

The Prince family says Katie's complaint was emailed to her school's principal last August who forwarded it to the school administrators.

Board members did not acknowledge the school responded to the complaint even tonight.

“I just don't want anybody else to have to go through what I went through,” Prince said.

As for the legal battle, a three-judge panel will decide whether to overturn the county court's ruling in a couple months.

Shots Fired at UCSD Off-Campus Housing

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Shots were heard near UC San Diego off-campus apartments overnight.

A male graduate student has been arrested for possession of a firearm and discharging the firearm with negligence, according to UC San Diego police.

The complex at 3935 Miramar Street just south of Thornton Hospital was evacuated after the initial call came in just before 2 a.m. Wednesday. The location is west of Regents Road and north of La Jolla Village Drive.

San Diego Police were called to investigate a disturbance inside one of the units with gun shots heard.

A man, identified by officials as a graduate student, allegedly called police to report that he accidentally fired a gun.

Officers attempted to get inside the apartment but wanted to be cautious given the location. They decided to move students from nearby units.

Officers knocked on the door of UCSD graduate student Ning Ma and advised him to leave.

"I can't imagine a shooting happening around the students," Ma said. "That's so terrible."

Students were moved to nearby campus cafe. Several told NBC 7 this is finals week. Many students we spoke with said they were still awake studying or working on projects when they heard the commotion.

One woman said she heard a loud bang and then heard officers outside her building say "shots fired."

Others heard officers says "come out with your hands up."

Just before 5 a.m., San Diego Police Officers escorted a man in handcuffs to a patrol car. He was videotaped being held by officers but officials say he was later released and not charged in the crime.

SWAT officers set up a perimeter at approximately 5:30 a.m. waiting for at least one person still inside the apartment, officials said.

In less than an hour, officers had detained another man and a woman. The woman was released without charges.

Guns are not permitted in off-campus housing, according to UC San Diego Communications.

Check back for updates on this developing story.


 



Photo Credit: NBC 7

Sketches Released of Suspects in Baby's Death

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Two months after the brutal kidnapping and death of 3-week-old Eliza Delacruz, officials released sketches of a female and male suspect wanted in connection with her murder.Eliza Delacruz

The Long Beach Police Department was asking for the public’s help to identify the two suspects, one of which is believed to have made contact with the mother of the baby (pictured, right) before the vicious attack.

On Jan. 3, at about 4:15 p.m. a black female, described as in her 40s, heavy set, with long dark curly hair, wearing a pair of dark designer sunglasses and driving a black SUV with dark rims approached Eliza’s mother as she exited a bus near the intersection of Del Amo Boulevard and Long Beach Boulevard, according to officials from the Long Beach Police Department.

Surveillance video shows a black SUV matching the description given by the newborn’s mother trailing a bus at about the same time.

The woman stopped and asked Eliza’s mother about the baby, according to officials from the LBPD. They spoke briefly before her mother continued her walk home.

Less than two hours later, Eliza’s family was violently attacked in their Long Beach home.

A man described as dark-skinned Hispanic or black forced his way in the family’s home in the 100 block of 51st Street, shooting Eliza’s parents and uncle before running off with the baby.

Southern Californians were rattled by the brutal assault and kidnapping of the newborn. A 24-hour manhunt ensued for the baby while her family was treated at a hospital for their injuries.

Eliza’s lifeless body was found over 100 miles south in a dumpster in Imperial Beach by a transient who was looking for cans on Jan. 4.

Based on three surveillance videos from where Eliza’s mother exited the bus, officials believe the SUV is a 2006 to 2011 Range Rover with large black rims. The videos were also forwarded to the Federal Bureau of Investigations for enhancement.

A $25,000 reward was announced in January for information leading to the arrest and conviction of anyone involved in Eliza’s death.

Anyone with information is asked to call 562-570-7244.



Photo Credit: Courtesy: Long Beach Police Department

Man That Found Baby in Dumpster Reacts to Suspect Photos

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Long Beach Police released photos and videos of the suspects in the case of a newborn found dumped in an Imperial Beach dumpster. NBC 7’s Omari Fleming reports live.

Choosing Between a New and Used Car for Teens

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Buying a car is a difficult task for any person, but when you’re buying that car for a teenager, it can be even tougher. NBC 7’s Consumer Bob dives into the difference between new and used cars for teenagers.

Chase Ends When Stolen Car Collides with Barricade

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Two people were in custody after leading officers on a chase that ended in a fiery crash. The chase started in Riverside County following reports of a stolen car and ended on State Route 76 in Fallbrook.

Suspicious Envelope Reported at CHP Office

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A suspicious envelope discovered on a Navy employee's vehicle prompted a bomb squad response at the San Diego California Highway Patrol office. 

The incident started at about 2:40 p.m. at 4902 Pacific Highway in the Morena district when the worker discovered the letter. 

X-ray and bomb squad technicians were called in to check on the envelope, but the CHP investigated it and determined it was not suspicious. The bomb squad was called off.

No evacuations were ordered, and no injuries were reported.



Photo Credit: NBC Bay Area

Rivers Hints at Leaving San Diego Chargers

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Chargers quarterback Philip Rivers is not certain where he’ll be playing in 2016 and not just because of the team’s shaky stadium situation in San Diego.

In case you missed it, Rivers talked with the U-T San Diego about his future with the team.

Basically said he’s committed to playing out his contract with the Bolts, which expires after the 2015 season, but is unsure whether he’ll sign a new contract or try to work out an extension before training camp starts in July.

One of the reasons is, of course, family. Philip and his wife Tiffany have built a family in San Diego and if a move is necessary they will likely try to make it back South (both are from Alabama) instead of Los Angeles.

Add that revelation to the fact the Chargers are bringing in Oregon QB Marcus Mariota for a workout in April, and all of a sudden you have grounds for some serious speculation on a major overhaul of the Chargers offense.

So, let’s remove the emotion from the situation and sort some of it out logically.

First and foremost, the Chargers want to keep Rivers in place. General Manager Tom Telesco came from Indianapolis. His first year there was 1998, when the Colts drafted Peyton Manning. His last year there was 2012, when they took Andrew Luck. If anybody understands the importance of having a franchise quarterback in place, it’s Telesco (You can hear for yourself how Tom feels about Rivers in the video attached to this story, which was recorded December 31, 2014).

Telesco says he thinks Rivers has a number of good years left in him. The recent signings of Stevie Johnson and Orlando Franklin would suggest the Bolts still consider Rivers the key to their offense. For now, at least. Telesco also said he’s committed to Rivers retiring as a Charger.

But, what if Rivers is not? Then what do the Chargers do?

Bolts fans don’t have to think too far back to see what happened the last time the team let a QB walk out of town while getting nothing in return. In about 10 years they’ll see it on the bust of Drew Brees in Canton, OH. Rivers blossoming into a star eased the pain of Brees’ success, but the odds of having three Pro Bowl (and possibly Hall of Fame) caliber passers in a row are astronomical.

Here’s where Mariota enters the mix.

The reigning Heisman Trophy winner is going to have a private workout for the Bolts' brass. Mariota’s athletic skill set could not be more different than Rivers, but having him learn for a year under #17 (who has already spent time coaching the youngster before the NFL Combine) would not be a bad thing.

If Telesco gets the vibe he’s not going to be able to retain Rivers long-term, he needs to be looking out for his franchise, and he could certainly do worse than adding someone as talented as Mariota.

Of course, that opens the question of … how would the Chargers get their hands on Mariota? He’s projected to be long gone before the Bolts make their selection in this year’s Draft (and no, the irony of that pick being #17 has not been lost). So, the Chargers would have to make a trade up.

Assuming Tampa Bay selects Jameis Winston first overall (which they’ve said publicly they’re leaning towards), the next team up also has serious QB issues: Tennessee. The Titans are quite the interesting possibility.

Ken Whisenhunt is their head coach. In 2013, he had a tremendous relationship with Rivers while serving as San Diego’s offensive coordinator. He would love to get his hands on Philip. However, sources close to the Titans tell me they’d be “shocked” if Tennessee traded the second overall pick for Rivers.

The Titans have a bunch of holes to fill. They are not one QB away from being true contenders. So, if they do deal the number two pick, it will be to stockpile other picks, and the Chargers are not likely to make that kind of gamble when they have as many issues to address as they do (o-line, d-line, running back, linebacker, etc.).

Looking at the rest of the NFL Draft order, there aren’t many teams who will use a pick on a quarterback:

3) Jacksonville – took Blake Bortles last year
4) Oakland – took Derek Carr last year
5) Washington – still don’t know what to do with Robert Griffin III, Kirk Cousins and Colt McCoy
6) NY Jets – ABSOLUTELY NEED A QB
7) Chicago – Possibility here. Jay Cutler could be released in another year
8) Atlanta – Matt Ryan
9) NY Giants – Eli Manning
10) St. Louis – just traded for Nick Foles but still a possibility
11) Minnesota – took Teddy Bridgewater last year
12) Cleveland – took Johnny Manziel last year
13) New Orleans – Drew Brees
14) Miami – Ryan Tannehill, although it’s possible they’re not 100% sold on him
15) San Francisco – Colin Kaepernick, basically the same style as Mariota
16) Houston – definitely in the market for a QB

So, the Chargers might not have to deal Rivers to get their hands on Mariota. If he falls far enough in the first round, they could conceivably move up just a couple of spots and not sacrifice too much (of course, the Eagles are lurking at #20 and, despite what Chip Kelly says about Sam Bradford, he’d make a more for his former recruit).

So you see there are a lot of moving pieces in play that would have to line up for Marcus Mariota to land in San Diego.

The other part of this whole scenario is this: The Chargers offense is built around Philip Rivers. If he is shockingly dealt before this year, or allowed to leave after the 2015 season, a whole lot of guys will go with him.

Antonio Gates, also a free agent, will leave. Eric Weddle, also a free agent, will leave. Those guys are not going to wait around for a rebuild; they’ve been through enough already. The entire identity of the Chargers, the franchise as we know it, will cease to exist. It will signal a complete personality change for the franchise.

Now, you can crack your jokes about that being perfect for a team playing in a new city, but the fact is this is a defining moment in Chargers history, not just off the field, but on it, as well.



Photo Credit: Getty Images

Ember Sparked Cocos Fire: Cal Fire Investigator

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A California state fire investigator testifying at the Cocos Fire arson trial on Wednesday explained why he had concluded that only an ember could have started the devastating blaze that swept across San Diego’s North County last year.

Capt. Christopher Palmer, a specialist with the California Department of Forestry and Fire Protection, said that there was no evidence that anyone had been in the canyon where the fire began, no footprints nor any other signs of human activity.

Palmer listed 11 ways the fire could have been sparked but eliminated all but the ember.

“It was the only ignition source in the area,” he said.

A now 14-year-old Southern California girl is charged with arson in connection with the fire, which destroyed 36 homes and caused more than $10 million in damage last May. Prosecutors say the ember came from one of two fires she set in her backyard the same week, a charge her defense disputes.

More than a dozen people were seen nearby, defense lawyers maintain.

On Monday, she was heard on an audio tape played in court telling investigators that she did not want to kill anyone when she set the first fire, only to see what would happen.

“What if it was me?” she asked the investigators repeatedly.

The girl, who is not being identified by NBC 7, faces four felony charges, including two counts of arson of an inhabited structure or property in which multiple structures were burned.

Her mother testified earlier that she did not believe her daughter could be to blame for the Cocos Fire. Her sister said that the girl laughed about the fires.

Defense lawyers argued earlier that an ember from the family’s backyard could not have traveled the distance that prosecutors allege.


 

Man Convicted of Killing Neighbor Sentenced

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A San Diego County man found guilty of first-degree murder and assault with a deadly weapon in the death of his neighbor over a tree-trimming feud last year was sentenced to a total of 64 years to life in prison. 

Defendant Michael Vilkin of Encinitas showed little emotion as the verdict was read in a Vista court Friday afternoon, capping his trial for the shooting death of his neighbor, filmmaker John Upton. Vilkin fatally shot Upton in March 2013 after a year-long dispute that began over tree-trimming.

Vilkin was sentenced to two counts of 14 years in prison and one count of 50 years to life for murder for a total of 64 years to life, to be served consecutively. 

When Vilkin spoke during the trial, he said he was sorry Upton lost his life "fighting for road his landloard did not own." 

At Vilkin's sentencing, Upton's daughter said going through the trial has been difficult and called the crime "unbelievable."

"This process has been grueling and I don't wish it on anyone," she said. "I will never understand how someone could take a person's life and show no remorse."

Elizabeth spoke emotionally about her father's death.

"My father will never meet his grandchildren and this guy will die in jail, all for what," she said. "Two lives are gone and we're here left to pick up the pieces."

The prosecution asked for 64 years to life while the defense asked for 25 years to life. 

During his trial, Vilkin testified that Upton’s body language had become threatening over time and said he even saw Upton with a gun once. Vilkin testified that he feared his neighbor would hurt him.

On the day of the confrontation that led to Upton’s shooting, Vilkin said he “prepared for the worst.”

That day, as Vilkin was working on some property he owns next door to Vilkin’s Encinitas home, Vilkin testified that Upton approached him angrily and holding what looked like a gun.

Vilkin was armed and shot Upton on the stomach and head. Prosecutors said Upton was not armed at all, but was instead carrying a phone in his hand.

During his trial, Vilkin took the stand and said he wasn’t happy about killing Upton and called the shooting an “automatic action to protect my person.”

Bailey told NBC 7 the trial was emotionally draining for everyone sitting in the courtroom, but with this guilty verdict, justice has been served.

"He was just my dearest soul friend," said Bailey, tearing up as she remembered Upton. "He was very supportive and fun and a good friend. I would call him a fierce Leo, lion protector because he truly was a protector." 



Photo Credit: NBC 7

Luck of the Irish: Twin Girls Born on St. Patrick's Day

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With a name like O'Hara, what better day to be born than St. Patrick’s Day?

Andrea O'Hara gave birth to twin girls on Tuesday in San Diego after 12 hours of labor. They arrived six minutes apart: Tessa Riley at 3:47 p.m.; McKenzie Faith at 3:53 p.m.

"An Irish family with Irish babies for St. Patrick’s Day, everyone’s just ecstatic," she said.

The twins were born early to their parents' surprise, so unexpected that there is a corned beef thawing in the family's refrigerator.

"They’re twins so our doctor predicted they’d come a couple of weeks early and they came three weeks early," their father, Todd O'Hara, said.

The couple has known each other since the fifth grade, then reconnected at the Rancho Bernardo High School reunion and had been trying to conceive for about five years.

Andrea O'Hara has an older daughter, Leigha, who is 10, and who with her sisters will have no shortage of new cousins. A total of eight additions to the O'Hara family were expected between November and June.

Andrea O'Hara is a contract manager for the San Diego Unified School District. Todd O'Hara works as a project manager for the Lockheed Martin Corp. Both are 36 and live in Rancho Bernardo.

The girls were delivered by Dr. Gary O’Hara, who is no relation to the family, at Sharp Mary Birch Hospital.

In honor of the holiday, Todd O'Hara's family brought a Guinness to the hospital to celebrate.

“We were already so grateful to be having these babies after five years of struggling to conceive,” he said. “And to have it happen on Saint Patrick’s Day – what could be luckier?”

Just to be sure of that luck, he wore a green T-shirt with O'Hara printed on the front for their birth.



Photo Credit: Courtesy photo
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Expert: Training Course Could've Saved Dog's Life

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San Diego Police Officers are developing a training program to avoid another fatal interaction with a dog at a crime scene according to the chief of police.

The SDPD was criticized by a Pacific Beach man who said his dog, Burberry, was shot and killed by an officer responding to a call Sunday.

Owner Ian Anderson said while one officer stopped to pet his 6-year-old pit bull, the other barked orders telling Anderson to get the dog back in house.

Soon after that, the officer opened fire. San Diego Police say the dog confronted officers and one officer was forced to shoot. At the time, a department spokesperson said their top priority is preservation of life including animals.

On Wednesday, Chief of Police Shelley Zimmerman said her department was undergoing training on how to handle dogs at crime scenes.

“We are doing training. It's from the Department of Justice,” Zimmerman said on NBC 7 News Today.

“What they demonstrated on that call does not look like there was training involved,” said Robbie Benson, president of San Diego Animals Worthy of Life.

Benson was not present at the time Burberry was shot.

She has worked with the San Diego County Sheriff’s Department to develop a training program for deputies in similar situations.

“We don’t believe in compromising officer safety at all. We believe safety lies in knowing about dog behavior. How to read it and react to it ," Benson said.

She heard of the deadly shooting and reached out to the SDPD offering help with training. In her opinion, officers need more training than the videos.

“I've been in talks with San Diego since November, 2013,” she said adding she wasn’t sure why there has been a delay in moving forward with training.

Zimmerman acknowledged receiving Benson’s offer for training but said her officers were working to develop scenario-based training and videos to be used by other agencies across the country.

Burberry was shot while officers responded to a domestic disturbance. There were no arrests made.
 


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La Jolla Shooting Victim "Ecstatic" About Guilty Verdict

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A former biotech executive has been found guilty in the shootings of his ex-business partner and his brother-in-law in La Jolla.

Hans Petersen, 50, was convicted of two attempted first degree murder counts Wednesday. A jury determined he tried to kill his estranged wife’s brother, Ronald Fletcher, and old partner Steven Dowdy.

"We're ecstatic," said Dowdy. "This'll be the first night we've slept in a year and a half. We couldn't be more happy with the outcome of this."

According to prosecutors, Petersen stood outside Dowdy’s home on Waverly Avenue in Bird Rock in the early morning of Sept. 18, 2013, pointing a gun through the bedroom window.

Dowdy testified that he saw a hooded man outside his home, and when the man opened fire, he said he threw framed photos out the window to distract the shooter and keep him from getting inside.

But one round hit Dowdy’s lower back. The victim’s wife, who was in the room, was not injured. According to Dowdy, Petersen blamed him when he lost his job and the shooting was retribution.

Four hours later, Petersen broke into Fletcher’s home on Cottontail Lane. The defendant’s wife Bonnie told NBC 7 her brother had been protecting her as she began divorcing Petersen.

Fletcher said he was getting ready in the bathroom when he heard a man demand he open the door and his safe. The man said he would count to three, but before he reached the end, Fletcher said bullets started flying.

The victim was hit in the stomach, but he managed to grab the gun from Petersen and hold him there until police arrived.

The defense never disputed that Petersen carried out the double shooting. They argued that the defendant was under the influence of alcohol and prescription drugs at the time.

"He truly believes that he does not have any memory of what took place," said defense attorney Marc Carlos. "We believe that the medication actually played a significant role in his conduct that evening."

Deputy District Attorney Amy Maund said the evidence showed Petersen had minimal amounts of medication in his system on that morning.

For his part, Petersen is having a hard time facing the mandatory life sentences that come with his conviction, said Carlos, because he has never been in trouble before.

But Dowdy told NBC 7 the damage Petersen has done to his family — making them wake up frantic at every bump in the night for the last year and a half — is irreparable and a life sentence is deserved.

"He's already taken so much time from our lives and from our family's lives that we don't want to waste another minute thinking about him," the victim said. "So he will rot in jail for the rest of his life and we don't care what happens to him. It's all his doing."


Navy Sailor Killed in Parachute Jump Training

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A U.S. Navy sailor was killed Wednesday afternoon during parachute jump training in Southern California, according to a statement released by the U.S. Navy.

Firefighters responded to a report of a "skydiver down" in an area along Highway 74 near Richard Street shortly after 9 a.m. in Perris, about 20 miles southeast of Riverside. Details surrounding the death were not immediately available.

The victim was identified by officials with Naval Special Warfare Group ONE, based in Coronado, as a sailor with the West Coast-based unit. The victim "died from injuries sustained during parachute jump training," according to a Navy statement.

His parachute was scattered on the ground as officials carried him away after draping the remains in a U.S. flag.

Perris is a popular area for skydivers with one of the largest skydiving centers in the world, Skydive Perris, operating out of the Perris Valley Airport, according to the company's website.

Skydiving school officials declined to comment.



Photo Credit: KNBC NewsChopper4

Zoo Spies on Workers' Calls: Union

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The union representing scores of workers at the San Francisco Zoo says management is spying on employees' private conversations — but the zoo says its radio monitoring system was put in place for medical emergencies and denied the eavesdropping claims. Still, the executive director vowed to swiftly investigate the spying allegations.

The controversy traces back to 2007, when the zoo was thrust into the international spotlight after a deadly Christmas tiger mauling. That tragedy led the zoo eventually to the CommUSA radios under scrutiny, the union says.

After the Teamsters local accused the zoo of eavesdropping on worker conversations, the zoo issued a statement late Wednesday saying that the monitoring technology was disabled. California has a two-party consent law that makes it illegal to record or eavesdrop on private conversations without the consent of all parties.

Tim Jenkins, a spokesman for the Teamsters 856 in San Bruno, acknowledged in an interview with NBC Bay Area Thursday morning that his union's discovery is "really odd." His union represents about 100 workers at the zoo, including zookeepers, maintenance workers, custodians, tree trimmers and guest services workers.

"Our members are outraged," he said. "They've been thinking back about every conversation they've had with their co-workers about heath, spouses. We feel this is a huge invasion of privacy."

Jenkins laid out these allegations: Some time in the recent past, a zoo employee heard the zoo's vice president of operations Robert Icard eavesdropping on a manager and laughing about him with others in his office. "They were making fun, poking fun at him, laughing at him," Jenkins said. "And this manager was so offended he reached out to one of our union stewards and said, 'You need to know what's going on.' We were shocked and a little surprised."

Both he and the zoo's executive director have this radio technology installed on their devices turning them, essentially, into "bugs," Jenkins said. He said union members went to the zoo's management representative to confront zoo leaders about this last week.

Executive Director Tanya Peterson acknowledged the radios have these listening capabilities. But she called the union’s “eavesdropping” suggestion “false,” in a statement the zoo sent out late Wednesday.

"Zoo management has no interest in monitoring conversations of its employees,” Peterson said in her statement. “Safety is a top priority for the zoo, and this new radio system was installed to ensure zoo employees are working in the safest possible environment. Emergency monitoring on the zoo's new radio system was a vendor feature designed to assist with medical and safety emergencies. When I was made aware of the radio's capabilities, this feature was disabled."

In a followup interview with Peterson on Thursday morning, she said that with the Teamsters' "blessing and urging," the zoo bought the "best radio system it could," which has GPS tracking to locate injured employees quickly. She added she cautioned the employees that there were privacy tradeoffs. She said she disabled her remote monitoring capability in January.

She said after she was made aware of the allegations, she had the zoo's attorney begin examining the facts and interviewing people involved and taking the spying claims seriously. "I hope this is just a misunderstanding," she said. 

The union also has hired an attorney.

The radios in question were bought as a result of the highly publicized 2007 tiger attack on Christmas, where Tatiana the tiger jumped out of her grotto, injured two brothers and killed 17-year-old Carlos Eduardo Sousa Jr. of San Jose.

Not only was the zoo criticized for not having a high enough enclosure, but employees complained the panic buttons at the zoo didn't work properly.

That led to the purchase of the new radios in question, put in place in May or June of 2014, Jenkins said.

There is one thing the zoo management and employees can agree on. As Peterson put it, the "complicated relationship" is "strained at the moment."

Jenkins described the relations as "horrible," and that the union's eavesdropping claim is not likely to mend any rift between the two sides.

But he insisted the troubles aren't over money, as the union and management have just signed a 4-year contract and are not in negotiations. He said the divide is over the "culture" at the zoo.

"It's almost a paramilitary culture there," Jenkins said. "All decisions come from the top. If you question them, you're on the outs."



Photo Credit: NBC Bay Area
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Parents Fight for School Street Safety

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The Encinitas City Council voted Wednesday night to move forward with a master plan designed to make the city safer for cyclists and pedestrians.

Parents and administrators from Paul Ecke Elementary School flooded the meeting to make sure their school’s safety concerns reached the top of the list.

“It’s very scary and very dangerous,” said Lori Goulet, one of more than a dozen parents who spoke to the council about the dangers their kids face when walking to and from school.

Paul Ecke Elementary School, built in 1927, sits along busy Vulcan Avenue. Cars routinely speed past at more than 40 mph. The street is narrow, without sidewalks on both sides, and has no parking.

Parents also complained about the school not having drop off lanes or safe access from the surrounding neighborhood.

“I can tell you that our school is pretty dangerous right now, so I’m hoping these projects get done very quickly,” said Principal Adriana Chavarin.

The council’s action Wednesday was more of a good faith promise than a guarantee.

Chavarin is hopeful the school will have better signage and blinking lights for a crosswalk in the short term.

Major projects like pedestrian bridges and new sidewalks are possibilities down the road.



Photo Credit: NBCSanDiego

3rd Victim Accuses Cop of Assault

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A Washington, D.C., police officer charged with sexual assaulting two teen girls, one of them at police headquarters and the other at his church, now faces accusations from a third victim, prosecutors said Thursday.

Officer Darrell Best, 45, of Upper Marlboro, Maryland, was in court Thursday for a preliminary hearing when prosecutors revealed that a third victim had come forward and more victims are expected. 

Best is facing multiple charges in connection with the sexual assault of a 17-year-old girl at police headquarters and a 16-year-old girl at the church where he serves as pastor.

No charges have been filed in connection with the third alleged victim.

During Thursday's hearing, prosecutors also revealed that Best sexually harassed a female cadet he supervised in 2007. He was demoted from sergeant to police officer for an incident of sexual misconduct while on duty in 2008, prosecutors added.

Best waived his right to a preliminary hearing, acknowledging that the prosecution has enough probable cause to go to trial. He also asked to be released, but was denied.

A 16-year-old girl told police Saturday Best sexually abused her three times at the church beginning in December. He was off-duty during the incidents, police said. According to charging documents, Best was in uniform on one occasion when he raped the girl inside the church.

The second victim, who is now 18 but was 17 at the time of the alleged incident, says she was sexually assaulted in Best's office on the fifth floor of police headquarters after he took her out to dinner Dec. 3, according to charging documents. He was wearing his badge and gun at the time.

When investigators took her to headquarters to identify the location, they initially took her to another office on another floor and she was able to tell them that wasn't where it happened. When they took her to Best's office, she cried as she entered and said that's where the assault took place, according to charging documents.

Police said they have video of Best and the victim at headquarters together. They also have access key records placing Best there.

Both girls said they pleaded with Best to stop.

Best’s attorney did not dispute any of the evidence the prosecution laid out while in court, News4's Mark Segraves reported.  

Best's police authority was revoked and his gun taken when the 16-year-old came forward Saturday.

His next court date will be April 29.



Photo Credit: NBCWashington.com

"Spock Block" to Live and Prosper in Encinitas

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For one week, expect to see many V-shaped salutes and hear murmurs of “Live Long and Prosper” in Encinitas as residents rechristen the Civic Center area the “Spock Block” in honor of the late Leonard Nimoy.

The Encinitas City Council unanimously gave the green light Wednesday to the celebration of Nimoy and his most famous character: the pointy-eared Spock from Star Trek.

So from March 26 (Nimoy’s birthday) to April 1, the area between Vulcan Avenue and Cornish Drive and between D and E streets will temporarily be called Spock Block.

Organizers hope Trekkies and casual fans alike will come to the area that week to celebrate the life of Nimoy, who died on Feb. 27 at the age of 83.

Vulcan Avenue, one of the oldest streets in the beachside community, shares a name with Spock, who is half human, half Vulcan in Star Trek mythology.

“Creativity and having fun would be the main objective, something that would have appealed to the human side of Mr. Spock,” reads the council item.

Mayor Gaspar will make the Spock Block proclamation at a public ceremony on March 26.

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