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Injured Passenger Airlifted from Cruise Ship

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A passenger who was injured after a fall aboard a cruise ship was airlifted from the ship by U.S. Coast Guard (USCG) crews near San Diego Thursday night, officials said.

The medical evacuation operation launched around 9:35 p.m. about 40 miles west of Point Loma and involved a 69-year-old passenger on the Carnival Imagination cruise ship.

USCG officials said the victim fell aboard the ship and suffered a head injury. A crew on a Sector San Diego MH-60 Jayhawk helicopter rushed to the ship and safely hoisted the woman.

She was flown to the Coast Guard ramp on North Harbor Drive in San Diego, then transported to a local hospital by 11:45 p.m.

The extent of the patient’s injuries remained unknown as of Friday morning. Officials did not release any information about what led to the victim’s fall.
 


Suspect Shoots Car, Hits Driver in "Random Act": PD

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A suspect opened fire on a car carrying a couple and their dog in Emerald Hills Thursday night, shooting the driver in what appears to be a "totally random act," according to San Diego police.

SDPD Lt. Steve Shaw said a 62-year-old woman was driving westbound in the 5800 block of Market Street just before 8 p.m. Riding with her were her 60-year-old husband and the pet.

On the north sidewalk stood a man wearing all black clothing. As the car passed by, the suspect fired at least seven rounds into the vehicle.

"It looks like about seven or eight of those shots actually struck the victim's vehicle," said Shaw.
One bullet struck the woman in her left foot, and she was taken to the hospital for non-life threatening injuries. The man and the dog were not hurt.

The suspect was seen running north into a canyon area nearby. Police called out K9 units, the SDPD helicopter and officers on the ground, but their search turned up no one.

The shooting does not appear to be gang-related, according to Shaw.

"Quite frankly, at this point, it appears to be a totally random act," he said.

Investigators are hoping to talk to the woman to see if she's had any disputes that would prompt the shooting. They are also looking for surveillance video and witnesses who may be able to give a better description of the suspect.

For now, the motive for the shooting remains unknown. As of Friday morning, no arrests had been made in this case.

NBC 7 spoke to a couple who live near the site of the shooting. The husband said he had just left a nearby liquor store when he heard at least seven gunshots ring out. He said he immediately took his kids inside.

The couple told NBC 7 they’re extremely worried having a gunman on the loose, especially since the police search for the suspect was in the canyon near their home.

NBC 7 spoke with the owner of a nearby liquor store that captured some grainy surveillance video of the shooting. In the clip, a shadowy figure can be seen near the intersection of Market and Radio streets.

The victim’s black SUV then drives by, turns on its emergency lights and slows down in the middle of the street. The clip also shows people walking near the intersection suddenly take off running scared.

One couple can be seen running toward the liquor store, holding on to each other and ducking. Then the suspect can be seen running toward the canyon.

The SDPD said the surveillance video may be released to the media at a later time.

NBC 7 also spoke to Steven Gray, a local barber shop owner who helped the driver who was shot.

Gray said he brought the victim into his shop and helped calm her down while they waited for paramedics to arrive. He said the victim sustained a gunshot wound to her ankle and cuts to her face from the glass in her car shattering.

Man Violently Attacked Behind Grocery Store

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A man was violently attacked behind a grocery store in downtown San Diego overnight suffering major injuries to his head and face, police confirmed.

The assault happened around 1 a.m. near the Ralph’s supermarket at 1st Avenue and Market Street. A security guard working for the grocery store found the wounded victim and called police.

The 32-year-old man was taken to UCSD Medical Center with serious injuries, officials said.

Investigators said there were no witnesses in the attack, so police are in the process of sifting through surveillance video captured by nearby businesses.

Police said the victim’s friend told investigators he left his friend near the Ralph’s and when he came back 45 minutes later, his friend was on the ground with injuries to the back of his head and face.

SDPD Lt. Kevin Mayer said a skateboard was found at the scene. Police are not sure if the skateboard was used to hurt the victim or if it belonged to the assault suspect or victim.

Lt. Mayer said investigators take assaults very seriously and they’re looking for any witnesses who may know something about this case.

“Anytime somebody suffers a head injury it’s very serious; people can ultimately die from it,” Lt. Mayer added.

Police said the victim is expected to survive. As of Friday morning, no arrests had been made.
 



Photo Credit: Elena Gomez

Student Injured by Falling Goal Post

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A student at Eastlake Middle School in Chula Vista was airlifted from campus Friday morning after a soccer goal post fell on him, officials said.

San Diego Fire-Rescue officials confirmed that medics were called to the school to airlift the child. The student was taken to Rady Children's Hospital with unknown injuries and was breathing when medics airlifted him from the field.

A bystander told NBC 7 he saw first responders arrive at the school's soccer field to treat the student who, in the words of the bystander, was making "some ungodly noises" and appeared to be in a lot of pain.

The school district told NBC 7 the 8th grade student was injured by the falling goal post during PE class. A teacher attempted to pull him out from under the goal and strained her leg in the process.

A district official told NBC 7 that these goal posts are standard at every school. They are not normally anchored down because they're meant to be able to be moved around.

The accident remains under investigation. At this point, district officials do not know if horseplay was involved. The district is sending an email and automated phone call to parents to inform them of the incident.

As of Friday afternoon the student remained hospitalized in critical condition.

Check back for updates on this developing story.



Photo Credit: Rene Gonzalez

Feds Probe Ex-Rep. Schock: AP

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Friday was the day things went from bad to worse for Congressman Aaron Schock.

The Congressman, already under fire for globe-trotting vacations, documented on Instagram and often billed at taxpayer or campaign expense, abruptly resigned on Tuesday. And on Friday, federal subpoenas began going out, in what would appear to be a wide-ranging investigation of the Peoria Republican’s finances.

NBC 5 Investigates has learned that even former Schock staffers began receiving subpoenas to appear before a Federal Grand Jury in Springfield in April. And separately, the Federal Election Commission confirms it has received a complaint, asking for an investigation of the congressman’s campaign accounts.

Schock’s resignation blunted a pending inquiry by the House Ethics Committee, but his upcoming departure does not quell a potential criminal investigation. And a spokesman for the F.E.C. confirmed that enforcement matters there can continue even if a candidate or officeholder is no longer active, since political committees often continue in existence long after an official has left office.

Neither the congressman’s spokesman or his attorneys returned calls seeking comment.

Investigators are reportedly focusing on Schock’s House office expenditures and expenses, his campaign, and personal investments. The FBI would not formally comment on the investsigation. But the agency’s Springfield chief made clear that a probe is underway.

“Public corruption is one of the FBI’s top criminal priorities,” said Special Agent in Charge Sean Cox. “When there are allegations of public corruption, it is our responsibility to look into those allegations.”

In resigning Tuesday, Schock cited a “heavy heart”, but that the constant questions about his spending and business dealings had become too much of a distraction. His departure was so sudden, the congressman did not even give the customary (and expected) notice to House leadership. Speaker John Boehner made no effort to rise to his defense.

“If somebody’s going to violate the rules, they’re going to violate the rules,” Boehner said. “And in almost every case, sooner or later, it catches up with you.”



Photo Credit: AP

Police Investigate Bomb Threat to Carlsbad Mall

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A bomb-sniffing dog swept through the Westfield Carlsbad Mall Friday, searching for anything suspicious after someone called in a bomb threat. 

The phone call came in at 4:30 p.m., saying there are multiple bombs planted all over the mall. After that, someone called American Eagle to say a bomb was there. The store decided to evacuate shoppers and employees.

Carlsbad soon suggested other stores in the general area clear out people until they complete their investigation.

Carlsbad Police say they did not find a suspicious package or device. A bomb-sniffing dog from the Bureau of Alcohol, Tobacco, Firearms and Explosives was brought through the mall, but found nothing out of the ordinary.

Operations went back to normal just before 9 p.m. Carlsbad Police will continue to investigate who made the threat.

Men Face 61 Felony Charges in Safe Syringe Scheme

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Two men snagged in a medical device fraud investigation were charged with 61 felony crimes Friday, accused of tricking people into investing millions in a supposedly safe syringe.

Both defendants, Matthew Mazur and Carlos Manjarrez, entered not guilty pleas to all charges after investigators found records Thursday indicating the men amassed some $64 million from victims of the scheme, according to Deputy District Attorney Jennifer Gianera.

The fraud worked like this: The men would carry a prototype of a syringe called “SafeSnap” in which the needle safely folded into a container that could be thrown away.

They would tell investors they sold millions of the SafeSnap syringes, tricking them into investing in the U.S. Medical Products company, Gianera said.

“There’s no evidence the syringes were ever even produced on that scale,” the prosecutor said.

The case brought by the District Attorney’s office includes charges for 15 victims who paid $4 million to the company.

Investigators believe many more victims are out there, investing some $64 million since 2008.

Those victims may not see justice because the alleged crimes could have happened outside of the statue of jurisdiction, according to the prosecutor.

The judge set bail at $2 million for each defendant for charges that include elder abuse, tax fraud, grand theft and fraud.

In court, the defendant's attorneys asked for $100,000 bail, stressing the men haven't fled during the 18-month criminal investigation.

“He does have a passport and he has traveled,” said Mazer’s defense attorney Earll Pott. “On each and every case, he has returned to the United States, despite the fact that he has known for nearly a year and a half of this investigation.”

Each defendant faces up to 40 years in prison if convicted on all charges. The next court date in the case is scheduled for March 27.
 

Children Stabbed in Florida Home

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One child was killed and two others hospitalized after a stabbing at a Florida home Friday, police said.

The stabbing happened in Palm Bay, about 75 miles southeast of Orlando.

Palm Bay Police said officers responded to a 911 call that multiple children had been injured or killed in the home. When the officers arrived they found a woman outside armed with a knife.

Inside the home were three unresponsive children. One of the children, a 6-year-old girl, later died at a nearby hospital, police said.

Two boys were hospitalized in critical condition, police said. The woman with the knife was also injured and was being treated at the hospital.

The incident remains under investigation.



Photo Credit: Shutterstock

7 Children Killed in Brooklyn House Fire

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Seven brother and sisters were killed and their mother and teenage sister were critically injured when flames ripped through their large brick home in Brooklyn early Saturday in what officials are calling the city's largest fire tragedy in years.

The three girls and four boys, ranging in age from 5 to 16, died after a hot plate warming food for the Jewish Sabbath malfunctioned and sparked a fire at the home on Bedford Avenue and Avenue M in Midwood at 12:23 a.m., according to FDNY Commissioner Daniel Nigro.

There were no smoke detectors in the home, he said, and their mother and 14-year-old sister were only able to escape by jumping out of the second-story windows. The other children were all found in their bedrooms. One died at the scene, while the the others were pronounced dead at area hospitals.

"This is the largest tragedy by fire the city has had in 7 years," said Nigro, who was visibly shaken up at a Saturday morning news briefing.

The children were identified as 16-year-old Elaine Sassoon, 12-year-old David Sassoon, 11-year-old Rivkah Sassoon, 10-year-old Yeshua Sassoon, 8-year-old Moshe Sassoon, 6-year-old Sara Sassoon and 5-year-old Yaakob Sassoon.

"It's a tragedy for this family, it's a tragedy for this community, it's a tragedy for the city," Nigro said.

Mayor de Blasio visited the home Saturday afternoon to survey the damage. He walked through both floors of the charred remnants of the house and characterized the blaze as an "unbelievable tragedy."

"It is unimaginable what you see in there," he said. "You can literally see what was a home for a large strong family and now it is wiped out."

Nigro said the hot plate was left on apparently to warm food for the Sabbath. The family, like many others in the Midwood neighborhood, practiced Orthodox Judaism, which calls for no electricity to be used during the day. But appliances such as hot plates that are left on may be used without breaking religious customs.

Firefighters were able to respond to the scene in about 3 minutes, Nigro said. The blaze went to two alarms, and more than 100 firefighters worked for hours to douse the flames and recover the bodies of the children.

One firefighter was taken to the hospital with minor injuries. The mother and teen girl were both taken to the hospital where they remain in critical condition.

Area resident Nate Weber told the New York Post that he saw children being wheeled away on stretchers. "I turned away. I didn't even want to look," he said.

Weber said he heard the children's mother yelling for help. "I heard a woman yelling: 'My kids are in there. Get them out. Get them out,'" he told the Post.

Nigro said the children's father was out of town at a conference and that fire officials have had trouble getting in touch with the man.

The last residential blaze with a similar death toll was in 2007, when eight children and an adult were killed in a fire in a 100-year-old building in the Bronx where several African immigrant families lived. Fire officials said an overheated space heater cord sparked that blaze.



Photo Credit: Rich York

Sea Lion Rides With Surfer

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Surfer Dan Murphy made a new friend when a sea lion pup hopped on his surfboard.

Photo Credit: Eileen Quintilla

Cops Fired Over Racist Texts, Video

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Four Fort Lauderdale, Florida, police officers are off the force after exchanging racist text messages between themselves and creating a video with racial bias, officials said Friday.

Three of the officers, Jason Holding, James Wells and Christopher Sousa, were fired following an extensive internal affairs investigation that began in October 2014, Chief Frank Adderley said at a news conference.

A fourth officer, Alex Alvarez, resigned during the course of the investigation and would have been fired, Adderley said.

The inappropriate material included images of President Barack Obama and fellow Fort Lauderdale Police officers, Adderley said. The video was made by Alvarez using iMovie, Adderley said.

According to a police report on the firings, the officers criticized co-workers' appearance and work ethic, and they "exchanged text messages that included derogatory comments towards Hispanics and homosexuals."

According to Adderley, the officers said they were just joking around.

"Based on the investigation, they felt, in their words, that it was a joke," Adderley said.

Adderley said the officers were terminated due to department misconduct, including conduct unbecoming of a police officer and engaging in conduct prejudicial to the good of the order of the police department.

"The four officers' conduct was inexcusable and there is zero tolerance for this type of behavior within the Fort Lauderdale Police Department," Adderley said.

The conduct wasn't against the law, Adderley said.

"I'm very disappointed, disgusted and shocked by this incident," Mayor Jack Seiler said. "The inappropriate racist behavior exhibited by those involved is unacceptable and reprehensible. It violates the trust we place in our law enforcement officers; it damages the bond we have established with our community; and it undermines the standards to which each and every City employee is held accountable."

The investigation began after the former fiancee of Alvarez saw the text messages and came forward after she felt they were inappropriate, Adderley said. Adderley said the officers were removed from contact with the public during the investigation.

"The Fraternal Order of Police is a multicultural organization which does not tolerate racism. Our officers take great pride in our commitment to diversity," Fort Lauderdale FOP president Sgt. Jack Lokeinsky said in a statement. "Our dedicated officers have positive relationships with residents in every community we serve."

In response to the incident, the department has created a human diversity class that every officer will attend on a yearly basis, and they will be evaluating their screening process for newly hired employees.

"We will do everything we can to educate our officers of the consequences they face if they do not adhere to the zero tolerance to racism within our agency," Adderley said.



Photo Credit: NBC6.com

Carlsbad Woman Who Shot Her Husband Pregnant: Reports

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A Carlsbad woman awaiting retrial in the shooting death of her husband wants to delay her case apparently because she is pregnant, according to reports.

U-T San Diego reports Julie Harper is pregnant and is set to give birth midway through her new trial, which starts next month.

A jury on Oct. 1 acquitted Harper of first-degree murder, but deadlocked on lesser charges of second-degree murder and manslaughter. That gave prosecutors the option to re-try the case, which they plan to on April 15.

NBC 7 reached out to her attorney, who said he couldn’t comment on his client’s physical condition.

A hearing to address Harper’s request for a delay in the retrial is set for Monday.

In her weeks-long September trial, Harper told jurors that she shot her husband, Jason Harper, on Aug. 7, 2012, because she feared he would kill or rape her.

Harper was a math teacher at Carlsbad High School.

Prosecutors, on the other hand, said Harper was angry and spiteful over the marriage. They questioned why, if she were innocent, she would bury the gun and not immediately report the shooting to police.

San Diego's First Legal Medical Pot Shop Opens Doors

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After a year of licensing, building and growing, San Diego’s first legal medical marijuana dispensary opened its doors Friday to a line of expectant customers vying for their products.

Visitors were met with a metal detector in front of the door to A Green Alternative on Roll Drive in Otay Mesa. Once inside, they could pick among shelves of 30 pot strains, labeled with names like “OG #1,” “Green Crack” and “Indigo Haze.”

Along the other displays sit edibles, salves and creams, all with some type of marijuana content.

Bob Walder, the dispensary’s chief financial and chief medical officer, said this place will serve as a model for future pot shops throughout the city.

“Everybody’s thrilled. It’s a wonderful day for San Diego and basically for the medical marijuana industry,” said Walder. Medical cannabis has been legal in California since 1996, but it’s taken nearly two decades for the city to approve regulations for its own dispensaries. A Green Alternative is the second legal dispensary in the county.

Owner Dr. David Blair, a San Diego State professor, has gone through FBI background checks, city permitting, zoning and a ground-up building process --spending nearly half a million dollars --to get A Green Alternative up and running.

Over the past year, neighborhood activists brought objections to the planning commission and San Diego City Council, trying to block the store’s opening. Opponents say businesses like this, which are primarily cash-only, bring possible crime. They also worry about the potential for children to get a hold of marijuana.

Blair told NBC 7 the place is fortified more like a bank than a shop, with bullet-proof doors, windows and wall panels. Walder pointed out Friday that their location is also close to the Otay Mesa border crossing, a site heavily patrolled by law enforcement, so a break-in there would not be a “bright move.”

“We want to be completely above board with regards to every piece of the law. Am I worried about somebody coming in to shut us down? No I’m not, simply because we’ve met all of the requirements,” said Walder.

As for the concern about selling to children, city code states the marijuana facility must be at least 1,000 feet from schools, churches or anywhere kids may be. According to Walder, anyone who wants to partake of their goods must have proof of California residency, a doctor’s recommendation and membership to the marijuana cooperative before they can get into the door.

A customer named Andrew was one such person waiting in line Friday. He suffers from degenerative disk disease and has undergone three surgeries to deal with his pain, which sometimes prevents him from getting out of bed. It has forced him to stay on a regimen of opiates that have gradually increased over the years, he said.

“Eventually, I don’t want to be a zombie. And the OxyContin and the oxycodone is far worse than what I’m going to buy here,” Andrew told NBC 7.

He hopes the marijuana will allow him to decrease his painkiller doses. 

Spring Valley Woman Still Missing

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Officials continued their search Saturday for a Spring Valley woman missing since Wednesday who was last seen walking barefoot away from her home.

According to investigators, Linda Adene Snow-Biggers walked away from her home in the 2600 block of Sweetwater Road on Wednesday. A neighbor was the last person to see her walking barefoot down the street.

Police said Snow-Biggers did not take any of her personal belonging with her, including her cell phone. Family members told investigators she has been under a lot of stress lately and this type of behavior is unusual for her. Snow-Biggers’ family is concerned for her safety.

Snow-Biggers lives with her husband at the home on Sweetwater Road. She’s described as 6-feet-tall, 160 pounds with brown hair and green eyes. She’s 53 years old and was last seen wearing a white sundress.
 

Brooklyn Community Mourns After Fire Kills 7 Kids

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A Brooklyn neighborhood is mourning after a blaze sparked by a hot plate killed 7 children and critically injured their mother and teenage sister.

The blaze early on Saturday at a home at Bedford Avenue and Avenue M in Midwood claimed the lives of four boys and three girls between the ages of 5 and 15, according to fire officials. The tragedy, which is the deadliest fire in the city in 7 years, has members of the community mourning on what is a day of rest and religious observance in the community, which has a sizable population of Orthodox Jews.

Fire officials say that the blaze was likely sparked by a hot plate, which had been left on overnight to heat food for the Sabbath and malfunctioned around midnight.

The flames spread through the home quickly, and without any smoke detectors to alert the family of the flames, all the children became trapped. Their mother and one teenage girl, 14, were able to escape by jumping out of the windows. The other 7 children were all found in bedrooms and were either pronounced dead at the scene or shortly thereafter at area hospitals.

Saturday, as many headed out to clear snow or walk to temple, members of the Midwood community had stunned faces as they went by the gutted remains of the house. One woman, Becky, said she knew the family personally.

“Her kids were very active and they used to wash cars before Passover,” she said. “She was very involved in the community. It’s a terrible loss.”

Another neighbor said he would see the children playing often, and that the entire community is grieving from the loss.

“To the neighborhood, it’s devastating,” he said.

The children’s grandparents, in Deal, New Jersey, were notified of the fatal fire early Saturday. Police tell NBC 4 New York their grandmother fainted upon hearing the news. Their grandfather declined comment.

The father of the children was out of town at a conference at the time of the blaze, firefighters say.

A vigil outside the home is planned for 7 p.m. Sunday.



Photo Credit: AP

The Che Cafe Holds Last-Minute Rally

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In what appears to be a last-minute effort to thwart eviction, the Che Cafe Collective is holding a rally at its University of California, San Diego (UCSD) location at 5 a.m. on Tuesday, March 24.

After a year of legal wrangling and back-and-forth between the co-op and the UCSD administration and student advisory boards, the school officially served the collective a 5-day eviction notice on March 17. The order mandates that the 73-year-old building (located at 1000 Scholars Drive) be vacated by March 24, and anyone opting not to vacate voluntarily can and may be removed forcibly by law enforcement agents.

The Che Cafe Collective posted a statement on their official Facebook page in the late hours of Friday, March 20.

"Dear friends, as many of you may already know, we received our formal eviction notice last week. We will not go out without a fight. Please join us on Tuesday, March 24th at the Che Cafe for a rally to support the space. We will be meeting at 5am, and we expect the UCSD administration to come at 6am. Come help us make some noise. Come help us make our voices heard. Come help us save this space. There is no education without community. We love you all.”

Another Facebook post followed on Saturday, March 21, explaining the rally's purpose: “Together, we can prevent the closure of the Che. We know that in the past, the only thing that has ever prevented the university administration from shutting down the Che is community pressure and direct action. We cannot win this fight without your help – and it has all come down to this day. Please show up at 5 a.m. or earlier with picket signs, noise makers and megaphones.”

The Che Cafe/UCSD battle has raged on since May 2014, when the University Center Advisory Board (UCAB) -- a student-run committee -- voted to cut funding for the partially student-fee funded club. The school cited safety hazards and imminent, extensive repairs ordered by the campus fire marshal and an overall lack of current student interest in the club as primary reasons for putting the collective under the gun. [Read the original SoundDiego story on the vote here]

The co-op has remained steadfast in its assertion that the building poses no safety hazards, and has offered up recent correspondence from the university's own Fire Marshal to the collective, expressing satisfaction with the building's fire safety, and the group's efforts in keeping the facility safe.

However, after a series of student advisory board votes in the school's favor, UCSD terminated the collective’s month-to-month lease on June 13. In July, the co-op went on the offensive and sued the school for the "unlawful" termination of its lease and alleged collusion between the Graduate Student Association (GSA) and UCSD in decertifying the club [Read the SoundDiego report here].

On Oct. 21, San Diego Superior Court Judge Katherine Bacal ruled in favor of UCSD, arguing that the co-op had not requested the proper dispute resolution procedure it was required to make per the terms of its lease -- which ultimately meant the university was then free to terminate the lease at any time. The Che Cafe immediately appealed the ruling. [Read the SoundDiego report here.]

The co-op regards the eviction as entirely unethical. According to a Che Café Collective spokesman, Monty Reed Kroopkin, the March 17 eviction notice has been unjustly served: “The appeal the Collective filed of the eviction lawsuit ruling is still pending a ruling from the appellate court.”

The eviction follows on the heels of a joint proposal issued Feb. 9, 2015 by Associated Students (AS) and GSA ad hoc committees -- which recommended the Che Café be shut down for a period of 18 months and requested the collective to program outside the building until the end of spring 2016, "at which time metrics regarding student involvement in programming (sign-in sheets, ticket sales, etc.) can be evaluated for further action." [Read the proposal in full here.]

The presidents of the AS and GSA committees issued a joint statement on March 2 asking the collective to embrace the proposal and work with them on demonstrating "that they can serve as a student-centered organization." They also requested that the co-op vacate the building so that "safety concerns with the building can be addressed." [Read the statement in full here.]

Representatives for the Che Cafe balked at the proposal and issued the following response on Feb. 25.

"The C.H.E. Cafe Collective is opposed to any solution that includes the collective leaving the C.H.E. Cafe Building. To leave the building would be tantamount to forfeiting the property. The UC San Diego administration has a history of refusing to allow organizations, such as the Craft Center, to reclaim buildings after they have left. We also feel the reasoning behind the request to leave the building is problematic. There is not a need to vacate. No safety issues with the building have been properly demonstrated, and student support of the C.H.E. Cafe Collective is strong and continues to grow with each meeting and event that is being held at the C.H.E. Cafe building."
The press release went on to say that the co-op would continue to work with AS and GSA to halt the eviction process. However, according to a March 3 post on the group's official Facebook page, university administration had asked that they "voluntarily vacate the building by March 14, 2015. Failure to comply with this notice will result in a posting of the court-ordered eviction."

That eviction came March 17, after the collective hosted Che Fest 2015, a 19-band all-day/night benefit show at the club, on March 14.

SoundDiego will continue to provide updates on any further developments.

Dustin Lothspeich plays in Old Tiger, Diamond Lakes and Boy King. Follow his updates on Twitter or contact him directly.

Lawsuit Accuses Sheriff's Deputies of Excessive Force

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A lawsuit filed in Federal Court accuses San Diego County Sheriff’s Deputies of using excessive force in the attempted apprehension of a Vista fugitive.

The lawsuit, filed March 13, claims deputies used excessive force while trying to serve the arrest warrant. It also claims Napier did not pose a reasonable threat and that those deputies knew he was unarmed.

Court records indicate last January, Michael Napier, 33, was working on his bicycle in his parents' garage when four Gang Task Force members approached him, demanding Napier put up his hands.

Instead, deputies said, he reached for his waistband. Officers Brandon Boissernac and Nicholas Danza opened fire, shooting approximately 15 rounds, they said. Napier had seven bullet wounds.

Deputies handcuffed him and moved him into the parking lot to perform CPR. He was later pronounced dead on that spot.

Napier was wanted on a felony drug-related warrant and was a suspect in two burglaries.

Court records indicate Napier was a documented gang member who went by the street name "Bullet." 

His parents, Charles and Donna Napier, and his son, Gabriel are asking for $15 million in damages in the lawsuit.

The suit points out that the other two deputies did not fire their weapons, and alleges deputies made false statements or covered-up their actions afterward.

The Sheriff's Department declined to comment on the pending litigation. 

Man Attacks, Injures Female Officer: PD

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A female police officer was injured on the job Saturday morning after a man lunged at her and knocked her to the ground, the Oceanside Police Department confirmed.

According to officials, Officer Shannon Payfer – a nine year veteran of the Oceanside Police Department – was attacked by suspect Alan Croghan, 58, near Surfrider and The Strand at around 6:45 a.m.

Croghan was sleeping on the beach and Payfer approached him, woke him and asked for identification.

Police said Croghan refused to provide an ID. After some verbal back-and-forth with the officer, Croghan stood up.

Payfer ordered him to stay seated, but he started to stand again, refusing to listen to the officer. Croghan then allegedly lunged at Payfer, knocking her to the ground.

The police department said Payfer struck her head on a large rock and Croghan then jumped on top of her.

A witness saw the attack and told police Croghan was yelling that he was going to kill the officer.

The pair struggled until additional officers arrived on scene.

Despite more commands to stop fighting from officers, police said Croghan continued to assault Payfer.

Another officer struck Croghan with a baton. After resisting a while longer, the suspect was eventually arrested.

Croghan was charged with attempted murder of a police officer, felony assault on an officer and assault with injury on a police officer.

The department said Payfer was taken to a local hospital. She was treated for unspecified injuries and released.

Officials said the officer was resting and recovering on Saturday afternoon.
 



Photo Credit: Shutterstock

Man in Uniform Killed in Motorcycle Accident

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A man in uniform was killed after his motorcycle crashed into a stalled car on a San Diego freeway early Saturday morning.

The accident happened at 3:45 a.m. on northbound Interstate 805 at Balboa Avenue.

A man in uniform was pronounced dead at the scene.

A Sig alert was issued and several lanes were closed, but all lanes were reopened by 7:30 a.m.

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

Investigator: Traveling Ember Didn't Start Cocos Fire

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An investigator testified Friday the flames started by a girl in her backyard could not have created the ember that sparked the Cocos Fire.

It was the battle of the experts as both the prosecution and defense brought in their own fire investigators, ending the second week of a 14-year-old girl’s arson trial. The San Marcos teen, who NBC 7 is not identifying because of her age, faces four felony counts.

The prosecution alleges when the girl used a lighter to set a branch on fire in her backyard, it started the smaller Washingtonia Fire. An ember from that blaze then traveled nearly half a mile, igniting the destructive Cocos Fire, they say.

The defense’s wildfire expert, Douglas Allen, testified Friday the Washingtonia Fire did not have enough loft to launch embers more than 200 feet, let along 11 times that distance. He said strong winds like the Santa Anas blowing that day -- May 13, 2014 – often bring embers to the ground.

“They have a much better chance of being lofted with less wind affecting the convection column,” said Allen, referring to the rising column of smoke and ashes created by a fire.

Upon cross-examination, Allen admitted he has written that Santa Ana winds could spread embers more than a mile away. However, he maintained that while that statement is in general true, he does not believe that happened in this case.

Deputy District Attorney Shawnalyse Ochoa then tried to put the retired fire investigator’s recent training into question. Asked when was the last time he took a wildland fire class, he said “I couldn’t remember.”

“What decade was that?” Ochoa asked.

“Was that a joke?” Allen replied laughing.

“No, sir,” the prosecutor said.

“In the last decade,” Allen testified.

Ochoa asked if he was familiar computer programs like Behave Plus or Wind Ninja – computer programs that help wildfire experts in their investigation. Allen said while familiar with them, he has not used them.

Earlier in the day, Cal Fire Behavior Analyst Tim Chavez took the stand, directly contradicting Allen. He said he has high confidence an ember from the Washintonia Fire started the Cocos blaze -- what the prosecution has been arguing.

Chavez told the court a computer system estimated the wind speeds that day were around 24 miles per hour. However, he said when you stand where the Cocos Fire started, there is a narrow gap in the topography that could have pushed the winds stronger that day, sending an ember from the Washingtonia Fire to the start of the Cocos Fire.

Defense attorney Ryan McGlinn asked about examples of the three fires Chavez had witnessed that saw an ember travel further than half a mile to start a fire and asked if the terrain matched that of the Cocos Fire.

The defense said the report on the Cocos Fire is based on a theory that doesn't match the same conditions of the Washingtonia Fire and that theory hasn’t been proven.

The trial continues Monday.
 



Photo Credit: David McNew/Getty Images
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