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3 Arrested After Stolen Boat Runs Aground

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Authorities were at first dispatched on Monday morning to save a wayward sailboat off the northern California coastal city of Pacifica. But hours into the odd rescue, the three aboard a sailboat named the Darling were arrested after the 82-foot boat was reported stolen from Sausalito, an affluent city about 20 miles away.

Two men and a woman were arrested about noon, following about five hours of drama and mystery that spanned 20 miles from Marin County to the shores off the San Mateo County coast.

The suspects eventually surrendered and were brought to shore by foot or jet ski. Police later identified them as: Leslie Gardner, 63 of Gillette, Wy.; along with Dario Mira, 54 and Lisa Modawell, 55, both of Aptos. They were booked into San Mateo County jail on suspicion of grand theft and conspiracy.

State park water rescue lifeguards said when they went aboard, they found a couple cases of Pale Ale beer and cardboard boxes of pizza. One of the suspects had a prosthetic leg.

The owner of the stolen sailboat arrived on scene Monday afternoon, but declined all media requests, saying that he didn't want the notoriety.

Their arrests capped a harrowing morning for the Coast Guard, Department of Fish and Game, San Mateo County sheriff's deputies, as well as Pacifica and Sausalito police.

The sail boat was first reported being in distress at about 5:30 a.m. at the Linda Mar Beach in Pacifica with two men and a woman on board. The boat was about 20 yards from the beach.

But surprisingly, the trio did not want to be brought to shore; instead they were hoping to sail back out to sea at high tides, authorities said during the early morning hours.

That's most likely because Sausalito police said that a sailboat had been reported missing about 1:30 a.m. The owner of a boat spotted what looked like his craft on television news. Police  said that the boat may have been stolen out of Sausalito.

Sausalito Sgt. Bill Fraass said that the sailboat is registered out of the Cayman Islands but docks at the Sausalito Yacht Harbor.

The Coast Guard, the San Mateo County Sheriff and Pacifica police were all on hand trying to get the passengers to come to shore. By 11 a.m., authorities had surrounded the edge of the beach near the sailboat. One of the passengers was heard saying, "Not gonna happen."

For full U.S. news coverage, visit NBCNews.com.

The scene began though as a simple rescue of a stranded sailboat on a sandbar at Linda Mar Beach.  About 5:30 a.m., cameras caught the trio on board trying to rock the sailboat loose from the sand bar. The Department of Fish and Game was keeping an eye on the boat, which was carrying fuel, and the agency wanted to make sure that none of it seeped into the water. None did.

The U.S. Coast Guard had arrived by 7 a.m. in order to help. The Coast Guard sent in a 47-foot life boat crew to reach the passengers, but couldn't because of the surf. And the boaters apparently did not want to be pulled ashore, but were considering trying to float back out to sea.

An MH-65 Dolphin helicopter lowered down radios about 8 a.m. But the people on the boat chose not to communicate with authorities.

 


Basketball Helps 400-Pound Teen Slim Down

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A North Texas teenager who weighed nearly 400 pounds as a high school junior dropped 180 pounds with the help of his love for basketball.

Kevin Madison's journey first started with another sport. He went to Parkland's Oak West Health Clinic in Dallas to get clearance to try out for his high school football team after coaches expressed interest in him.

But pediatrician Dr. Jules Greif took one look at Madison and said absolutely not.

"Kevin was morbidly obese and having breathing problems and, at that time, there was no way that I was going to offer him that clearance to play football," Greif said.

The experience was a wake-up call for Madison, who had been putting on weight since middle school.

"It felt bad, it really felt bad, knowing that you have friends always ask you to join a game and they get tired of the same answer -- 'no,'" he said.

A nutritionist helped Madison learn portion control and healthy eating. But the exercise plan really changed things for him.

"We were just making, you know, small changes as far as walking -- maybe every other day for 30 minutes and then in a few months, add other activities that he liked to do," registered dietitian Sharon Cox said.

After a few months of dieting and exercise, Madison hit the basketball court. And his family noticed a difference.

"We used to go to the court every time, and they noticed a change," he said. "I was more active and more running, and I was able to handle a whole entire game without stopping or quitting, and it made me feel really good."

After a year and countless games, he had dropped 180 pounds. Madison, who was at his goal weight, visited Greif.

"I couldn't believe it," Greif said. "I was in total amazement."

Madison is still playing basketball two and a half years later. He is starting his adult life at a healthy weight and hopes his love of basketball will help him keep it off for good.

"It's incredible," he said. "You know, I actually found something that I enjoy doing without me even knowing that I'm losing weight."

NBC 5's Lindsay Wilcox contributed to this report.



Photo Credit: NBC 5

Baylor Student Dies Rehearsing Backflip

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An 18-year-old Baylor University freshman died Sunday in a bizarre accident while doing a backflip, the private Texas school said in a statement.

Kevin Signo, a pre-biology student, was rehearsing traditional dances with the Filipino Students Association when he practiced a backflip and landed on his head, according to NBC station KCEN-TV in Waco.

The Waco Tribune-Herald quoted a justice of the peace as saying Signo hit his forehead and suffered a fatal spinal injury.

His parents, Henry and Jackie Signo, said their son was an introvert in high school but thrived at Baylor.

"Kevin was a very bright, well-liked and involved student on our campus," Baylor spokeswoman Lori Fogleman told Tribune-Herald. "He had so many friends here who will miss him terribly."

Signo's parents said their son wanted to be a doctor. He was an organ donor who had a legal document drawn up, donating his eyes, skin, bones and organs.

"He knew exactly what could be used for and what was important," Jackie Signo said.

Henry Signo said he thinks his son "knew that he would be helping others if something tragic had happened."

"We're very happy to have had him for a short time," he said.

Funeral services will be Saturday at the Turrentine, Jackson & Morrow Funeral Home in Allen, the university said in a news release.

At least two busloads of students from Baylor are expected to make the trip to Allen for the services.

Kevin Signo attended Frisco High School and was originally from Carol Stream, Ill., according to his Facebook page.

His parents said they plan to endow a scholarship in his name at Baylor.

NBC 5's Randy McIlwain contributed to this report.



Photo Credit: Facebook

Man, 20, Sentenced for Sex Trafficking Children

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A 20-year man was sentenced Monday for sex trafficking children in San Diego.

Carlos Alberto Garcia, 20, made thousands of dollars pimping out teenage girls using internet ads.  Prosecutors say he made underage girls perform sex acts for people whom they met online. Garcia was later identified by investigators as the girl’s pimp.

Garcia pleaded guilty in August.

A federal court judge sentenced Carlos Alberto Garcia to 12 years in prison, plus 10 years supervised release for the sex trafficking of children.

U.S. Attorney Laura Duffy said sex trafficking of children is a growing trend and the Southern California office has seen an increase of 600 percent of human trafficking cases in the last five years.



Photo Credit: Getty Images

Sweetwater and Southwestern Scuffle Over Grant Funding

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Sweetwater Union High School District wants Southwestern Community College to help them tap into state grant funding for adult education.

But, the two South Bay school districts are in a bit of a dust-up over how the new endeavor was presented.

The disagreement stems from Governor Brown's budget proposal to shift adult education funding to community colleges.

Sweetwater Superintendent Dr. Ed Brand wants Southwestern to access state grant money, and then hand it over to the high school district.

The state grant funds would help operate a $14.7 million adult education program at Sweetwater. 

Brand reportedly told Southwestern Superintendent Dr. Melinda Nish that if she didn't sign a memorandum of understanding between the two agencies immediately, he would be forced to lay off his adult education staff. He declined to comment through a spokeswoman.

Trustee Humberto Peraza, Jr. sent a letter to the Sweetwater school district saying the layoffs were premature.

"I am at a loss to understand the rush," Peraza wrote. "It is our process - and I would hope it's yours as well - that major issues like this are brought to the attention of the Governing Board for discussion in an open, publicly noticed meeting (his emphasis)." 

Read the proposed memorandum of understanding (MOU) here, along with the trustee's communication to the high school district.

A Sweetwater district spokeswoman said the arrangement would benefit both districts.



Photo Credit: AP

Pilot Spots Possible Unmanned Aircraft Near JFK: FAA

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The FAA says it's investigating a report of a small, possibly unmanned aircraft near New York's Kennedy Airport.

A pilot of an international airline was on the final approach to Runway 31 at about 1:15 p.m. when he spotted the unmanned or remote-controlled aircraft hovering at about 1,500 feet, according to the FAA.

The pilot reported seeing the aircraft about four to five miles southeast of the airport, which would put it roughly in the area of Atlantic Beach in Nassau County. 

In an air traffic control recording provided by LiveATC.net, the pilot is heard telling the controller, "We saw a drone, a drone aircraft."

The pilot continued on his path and landed safely. No other pilots reported seeing the aircraft. 

Passengers at Kennedy Airport were startled to hear of an unknown object possibly flying so close to planes landing and taking off at one of the world's busiest airports. 

"It makes me very nervous. Very nervous," said Manuel Infante of Rockville Centre. "A lot of cause for concern."

It's still not clear if the object was a drone, though a drone could pose a threat despite its small size. 

"Even the smallest drone is a substantial weight, and it could easily do damage like ripping off a part of a wing or impacting a cockpit area," said Dan Rose, an aviation expert and attorney specializing in aviation litigation. 

Drones are growing in popularity with government agencies and the public. The FAA is preparing a plan to regulate their widespread commercial use by 2015, though Rose wants to see more safety measures along with the increased use.

"All the indications so far is that we're seeing a lot more close calls and near-misses, and not more on the technology of how to avoid these near-misses," said Rose. 

The FAA is investigating. 



Photo Credit: conskeptical/Flickr

Defense Contractors Convicted in Navy Bribery Scheme

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Two more San Diego-area defense contractors were convicted for trying to bribe Navy officials with expensive gifts and then overbilling the military to cover the cost of the bribe.

Jurors returned a split verdict Monday in the case of Robert Ehnow, owner of L&N Industrial Tool & Supply and Joanne Loehr owner of Centerline Industrial. Both companies are based in Poway.

Ehnow and Loehr were convicted of conspiracy and bribery for providing Navy officials with cash, gift cards, luxury massage chairs, expensive bicycles, model airplanes and flat screen TV's.

In return, the Navy officials placed more than $6 million in government orders.

Additionally, the defense contractors submitted fraudulent invoices to the Department of Defense which they used to pay for more bribes

Monday’s convictions brought the total of people convicted in this ongoing case to 11 with five of those convicted being U.S. Navy officials.

“We won’t stand for these secret deals between greedy defense contractors and government officials, who received luxurious gifts at taxpayers’ expense. These defense contractors profited, not from doing business the right way, but by fraud and bribery,” U.S. Attorney Laura Duffy stated in a prepared news release.

L&N received more than $3 million in defense contracts during the conspiracy officials said. The company declared bankruptcy in June 2011.

Centerline, which is still in business, received more than $1.5 million from the Defense Department prosecutors said.

Ehnow and Loehr will be sentenced May 20.

The investigation into in a wide-ranging corruption scheme at the Naval Fleet Readiness Center at NAS North Island in Coronado was launched based on citizen complaints.

These complaints followed the July 2009 indictment of six individuals on fraud and corruption charges centered at the Space and Naval Warfare Systems Command, according to prosecutors.

Anyone wanting to report public corruption can call an FBI hotline 877- NO-BRIBE.



Photo Credit: Getty Images

Forbes' Billionaire Club Boasts 210 New Super Rich Members

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It was a record-setting year for the billionaire club.

Forbes' 2013 list of billionaires was published on Monday and it includes a record 1,426 billionaires with an aggregate net worth of $5.4 trillion, up from $4.6 trillion. There are 210 new people who made the list with fortunes that reached 10 figures in the last 12 months.

The United States once again led with 442 billionaires, followed by Asia's 386. Europe (366), the Americas (129) and the Middle East & Africa (103), round out the regions with the most numbers of the super rich.

Microsoft founder Bill Gates came in second to Mexico's telecom mogul Carlos Slim who has held the lead since 2010. And while Spain faces crippling unemployment and a shrinking economy, their richest billionaire Amancio Ortego of retailer Zara made the list at No. 3 for the first time.

Warren Buffett came in at No. 4, which marks the first year since 2000 that the investment tycoon did not make the top three. He is, however, the year's biggest gainer, adding $19.5 billion to his fortune. Buffett's Berkshire Hathaway made headlines last month when it announced that it will buy Heinz Ketchup for $23.3 billion.

For full U.S. news coverage, visit NBCNews.com

New York City's mayor Michael Bloomberg made the list at lucky No. 13. The businessman-turned-politician's fortune increased by $5 billion in 2012 to $27 billion.

Miami Heat owner and CEO of cruise operator Carnival Corp. Micky Arison made a surprise appearance on the list at No. 211. Arison made Forbes Magazine's five biggest money-losers in 2011 as he lost $1.3 billion due to the declining stock price of Carnival Corp. and losses from the NBA lockout.

Carnival also made headlines when the Costa Concordia ran aground in 2012 and more recently when their Triumph cruise ship caught fire and left passengers stranded at sea for five days.

The list also has its share of critics. Saudi billionaire Prince Alwaleed bin Talal, No. 26, wanted to be removed from the list citing a flawed and biased valuation against Middle Eastern businesses, according to Reuters.

Mayor Bloomberg is also not a big fan.

“Look, the numbers in these things are always suspect,” Bloomberg told a New York Post reporter. “And I never liked any of these lists.”

This is the 27th year that Forbes has published the billionaires list. They compile net worths by evaluating individual assets including "stakes in public and private companies, real estate, yachts, art and cash–and account for debt," according to their website.



Photo Credit: AP

Adam Carolla, Podcasters Enlist Congress to Fight "Patent Trolls"

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A lawsuit launched from a small Texas town is taking aim at Adam Corolla and the future of podcasting, inspiring Dallas Mavericks owner Mark Cuban and others to call on Congress for help.

In January, a company called Personal Audio, of Beaumont, Texas, filed suit against Ace Broadcasting, the people behind "The Adam Carolla Show" podcast, alleging an infringement of its "Podcasting Patent."

If Personal Audio wins, some fear that it could mean the end of podcasting for anyone who can't afford to pay licensing fees.

Founded in 1996, Personal Audio has never produced a single product. But the company owns a patent that it says includes a vital contribution to podcasting technology and claims that Adam Carolla, HowStuffWorks.com and Togi Entertainment have infringed it.

Critics say Personal Audio is the perfect example of a patent troll, a company that does nothing but make money off patent litigation, which in turn, say critics, stifles innovation. Congress is now considering the SHIELD Act, legislation designed to curb patent trolls.

James Logan, one of Personal Audio's founders, has been an inventor and entrepreneur for four decades. He says he and his partners originally set out to develop what is now known as an MP3 player.

"We filed the original description in 1996, this 60-page description of this product we were working on," Logan said during a recent phone interview. "Out of that we spun off six patent applications."

Of the original six filings, Personal Audio was eventually granted three patents. In 2011, the company won an $8 million judgment against Apple for infringement of patents for downloadable playlists. A second suit against Apple was filed the following month but was dismissed by a judge.

Last year, Personal Audio was granted a patent for a "system for disseminating media content representing episodes in a serialized sequence." The new patent was built upon patents originally applied for in 1996 and 2001. The company believes the patent essentially patents podcasting technology, and is now using it to go after prominent podcasters.

Like the earlier suit against Apple, the case against Carolla doesn't really fit the classic profile of a patent troll — patent trolls usually target smaller players who can't afford to litigate the case and settle quickly. Logan says he and his partners targeted Carolla in part because the comedian "takes great pains to point out that he's the biggest podcaster."

Podcasters across cyberspace have been rallying their fans and linking to an open letter to Congress signed by Cuban and others, urging them to pass The Saving High-tech Innovators from Egregious Legal Disputes (SHIELD) Act, legislation designed to curb patent trolls.

"It is targeting a very real problem, patent trolls, but in particular what I think of as bottom-feeder trolls, or as somebody else referred to them, 'smash-n-grab trolls,'" said Mark Lemley, a Stanford law professor and expert in intellectual property and patent law. "People that are not actually interested in winning their case, but know it costs a lot of money to defend a case and are interested in a small value nuisance settlement."

Cuban, the founder of Broadcast.com, has taken a personal stake in the fight against patent trolls. He donated $500,000 in December to the Electronic Frontier Foundation to endow the Mark Cuban Chair to Eliminate Stupid Patents. The EFF named staff attorney Julie Samuels to the position.

Samuels said that the SHIELD Act, which was originally introduced last August and was referred to committee on Feb. 27, is not just about Personal Audio.

"What the bill does is it attacks the ecosystem in which the trolls have really thrived," she said. "It's about this much broader, scary trend, that's frankly bad for our country and bad for our economy and bad for innovation in general."

Though Personal Audio's suit against Carolla has been a boon to the SHIELD Act's profile, it's not clear the law would even define Personal Audio as a troll.

Under SHIELD, three factors would protect you from being classified as a patent troll: If you're a university; you can prove that you invented or were somehow involved with the invention that is part of the patent; or you somehow exploit the patent in some way other than just licensing, by making something or selling something.

Personal Audio could argue that it falls in the second category. It would have to convince a judge that podcasting would not be possible without the technology outlined in its patent.

If a court determines a plaintiff such as Personal Audio is a troll, the judge can require them to post a bond to cover the legal fees for the other side if they should lose. This "loser pays" system is designed to dissuade trolls from bringing frivolous suits.

Personal Audio's Logan says SHIELD doesn't sound like "a very clever way to solve the problem."

"Why should a patent have different rights or privileges because one person owns it versus somebody else?" Logan asks. "First we're going to define you as a certain type of person, then we're going to put lawsuits into different categories, and this type is going to have to pay legal fees?"

For Samuels, there's a key difference: Unlike a product like a pencil, a single idea can be used simultaneously by more than one person.

"What we've seen is that some of these individuals who are getting their hands on patents are using them simply to make a bunch of money, and it's not incentivizing more innovation or new invention," she said.

Some consider Personal Audio a patent troll simply because of its location. The company and suit are based in the Eastern District of Texas, which is long renowned for being fast-moving in intellectual property cases and often characterized as being pro-plaintiff in them, making it a natural venue for patent trolls.

"There are certain venues that are better to file in if you’re the plaintiff than others," Logan said when asked why his company filed suit in the Eastern District.

Logan said that his case against Apple made it to court in just two years, whereas in most districts it could take at least twice as long. And given the number of lawyers and technical experts needed to try an intellectual property case, time really is money.

"Every time the judge took a bathroom break, it's costing like $12,000 worth of legal fees," Logan joked.

Logan and Samuels agree that the patent system is a mess, and while Stanford's Lemley appreciates SHIELD's goals, he has concerns about unintended consequences.

"What we don’t know is how it will affect the market," he said. "There are companies that are actually in the business of financing patent enforcement litigation. You might even imagine anti-infringement insurance developing... I think at this point we don’t really know what's going to happen."



Photo Credit: AP

Christian School Staffer Fired for Premarital Sex

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A San Diego woman is suing a local school for firing her after it was revealed she was pregnant out of wedlock.

Teri James, 29, said that she was let go from her job as a financial specialist at San Diego Christian College last fall because her pregnancy revealed she had premarital sex. James and her now-husband Brandon James are expecting a boy in June. 

"I was an unmarried pregnant woman, and they took away my livelihood," James said in a statement. "They stripped me of my dignity and humiliated me. I not only lost my source of income and my health insurance to care for myself and my baby through my pregnancy, but I also lost my career and my community."

Read Teri’s full statement here

She also claims the college offered a job to Brandon shortly after terminating her, even though it allegedly knew he had engaged in premarital sex.

San Diego Christian College is a private institution, and school officials declined to comment about the situation.

James hired civil rights lawyer Gloria Allred to handle the case. They are suing for wrongful termination in addition to gender discrimination and are seeking damages from the school.

But when James began working at the college, she had a to sign a 2-page "community covenant," which tells employees and students to abstain from: "Abusive anger; malice; jealousy; lust; sexually immoral behavior including premarital sex, adultery, pornography, and homosexuality; evil desires; prejudice based on race, sex, or socioeconomic status; greed; idolatry; slander; profanity; lying; drunkenness; thievery; and dishonesty."

The covenant ends saying, "Appropriate action will be taken if the covenant is disregarded…. ultimately withdrawal from the community may result if these commitments are not honored."

Read the full “community covenant” here

Allred said that California has certain laws that protect female employees from being fired for pregnancy.

"We contend that it is not permitted to terminate an employee because the college thinks that premarital sex leading to pregnancy is wrong," Allred said in a statement.



Photo Credit: Courtesy of Gloria Allred

Otay Mesa Homicide Suspect Sought in City Heights SWAT Standoff

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A City Heights neighborhood was swarming with law enforcement officers Monday night in the search for the man wanted in an Otay Mesa West homicide.

San Diego robbery investigators got a tip that the suspect in a Feb. 28 shooting was hiding out in an apartment in the 4200-block of Juniper.

Officers arrived around 7 p.m. Monday with SWAT and K-9 units as well as U.S. Marshals. Officials evacuated residents of a nearby apartment complex.

A standoff began and lasted for four hours, finally coming to an end after officers fired pepper balls into the home.

After searching checking crawl spaces and the attic, San Diego police said they did not find the homicide suspect they thought was hiding out there.

Last week, a man in his 20s was shot and killed in the kitchen of an Otay Mesa West apartment in the 3100 block of Caminito Quixote.

The victim was with several people in the apartment at the time of the shooting. Officials said the victim’s brother heard the shooting from another room and then discovered his brother had been shot.

Check back for updates on this developing story.

Road to Green Card Easier With New Rule

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A new immigration rule went into effect today that will cut down the amount of time families are separated while a relative is getting their green card.

The change will make a huge difference for people who depend on a relative who is undocumented.

Previously, that undocumented relative would have to go abroad for an extended period of time to fix their visa.

But with a new immigration law now in effect families like the Lopez' of Escondido, could apply for what's called a "stateside waiver".

This means Jose could get his green card, while remaining in the U-S without having to leave behind his wife, Silvia and their 3-year-old son.

Silvia became a U.S. Citizen back in 2008 and she works as a hairstylist, Jose works in construction. But keeping his undocumented status a secret, has been difficult.

"What if he gets stopped by the police or someone calls immigration. We always wonder," said Lopez' wife.

But according to their attorney Chris Macaraeg, they have a good chance with this waiver.

"It's on a case by case basis, but in his case he could prove that it will cause an extreme hardship for him to leave his wife and son," said Macaraeg, an immigration attorney.

He said the waiver will reduce the time U.S. citizens are separated from their immediate relatives, who are in the process of getting their visa.

Macaraeg said previously people were scared to apply for a visa, because in some cases, they never got to return to the U.S.

But now with this new presidential administration, he said we could see a lot of people take advantage of this new waiver.

Wet and Wild Van Robber Arrested Naked

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A naked man was arrested in Pennsylvania Sunday after driving a stolen vehicle into the Susquehanna River, bringing an end to a high-speed car chase.

At 10:15 a.m, Springettsbury Township Police received reports of an erratic driver in a green van with a missing tire. Five squad cars were sent on the chase while Raymond David Kallenberger, a 23-year-old Edgewood, Md. resident, allegedly hit up to 90 mph and tried to ram police twice, according to the York Daily Record.

Kallenberger, wanted for carjacking and armed robbery in Maryland, crossed three jurisdictions and more than 20 miles throughout the joyride, which concluded with the stolen Plymouth Voyager in 8 feet of water in Goldsboro, Pa., police said. 
 
"It was a minivan floating down the river with a naked guy on it waving his underwear over his head," local resident and witness to the arrest Michael Shirk told the York Daily Record.

The man was arrested after swimming to shore. He faces charges of aggravated assault, reckless endangerment, fleeing and eluding police, driving under the influence and possessing stolen property, according to the York Dispatch.

After the arrest, Kallenberger was taken to York Hospital to have blood tested and treatment for hypothermia. He now awaits extradition to Maryland.



Photo Credit: FILE - Getty Images

Life and Times of Hugo Chavez

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Born as Hugo Rafael Chavez Frias to local schoolteachers in the poor village of Sabaneta, Barinas on July 28, 1954, Chavez went on to lead an impressive military career. Inspired mostly by Venezuelan revolutionary Simon Bolivar, Chavez led an unsuccessful coup to oust Venezuelan then-president Carlos Perez. Although arrested for his attempts, Chavez's vigor and revolutionary zeal ultimately landed him in Venezuelan Presidential seat in 1998.

Photo Credit: ASSOCIATED PRESS

Crime Spree Suspect Uncooperative at Arrest: Officer

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A teenager accused in a violent crime spree that ended in a gun battle with San Diego police was described as rude and uncooperative at the time of her arrest.

Testimony was heard in the second day of the preliminary hearing for Cindy Garcia, 18, who faces 16 felony counts, including attempted murder of a peace officer.

San Diego police officers killed Garcia's husband, former Riverside County firefighter Philip Hernandez, in a Barrio Logan shootout on Halloween.

Hernandez taunted officers by driving erratically around the East Village and Barrio Logan officials said.

An SDPD sergeant following Hernandez stayed back, because he assumed the 40-year-old suspect and his 18 year-old wife were armed and very dangerous.

“He immediately started to slow down and started making weaving motions left to right like ‘Hey look at me’ and at that point I knew it was him and what he was trying to do,” the sergeant testified.
“He was trying to have me pull him over by myself. “

Moments before the shootout the sergeant called for backup and said he prepared himself for the worst.

Two K-9 units, an ABLE police helicopter and at least six more officers arrived to the scene.

Though the witnesses at this morning's preliminary hearing said there was no evidence that Cindy Garcia fired any shots or threatened officers, she faces life in prison for her role in the crime spree and the shoot-out.

Later this morning, the officer who arrested Garcia after the shootout testified that Garcia was "rude and uncooperative" when questioned about whether there was anyone else in the van who might pose a danger to officers.

"Why don't you go and check yourself," Garcia allegedly told Officer Berenice Herrera. "You're the police. Are you scared?"

Officer Herrera also said Garcia had a 9-mm ammunition clip inside the concealed bullet-proof vest she was wearing during the shoot-out.

The testimony contradicts the defense theory that Garcia was only involved in the crime spree out of fear. 

The couple’s crime spree began October 29 with a car fire in 2600 block of East Mission Bay Drive. An hour later, a man was shot in Hillcrest in the1200 block of Upas Street.

Read: Timeline of Violent Crime Spree

Then, around 9 a.m., a man was robbed in Mission Valley East. Hours later, veteran off-duty SDPD officer Les Stewart was robbed and shot in the head while using an ATM in Escondido.

A carjacking at a Sam’s Club in Oak Park followed. Later in Chula Vista, the stolen car was found on fire.



Photo Credit: NBC 7 San Diego

Padres Swinging Hot Bats

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Major League managers will tell you line scores don't matter much in March. Unlike the regular season, Cactus and Grapefruit League games are more about individual numbers than wins or losses. If that truly is the barometer, the Padres appear to be in good shape just a couple of weeks into the exhibition season.

2012 National League RBI leader Chase Headley has picked up where he left off last September. He's hitting .500 with 3-RBI this spring. Cameron Maybin, who hit only .243 last season is batting .357.

The biggest bright spots for manager Bud Black have to be the hitting of Kyle Blanks, Nick Hundley and Jedd Gyorko. Blanks, who has been injured the past two season has a robust .471 Cactus League batting average. Hundley had a disastrous 2012, hitting a paltry .157. This spring, knowing his chances are running out, is swinging at a .471 clip. Gyorko, who has hit at every level, already has three home runs, including a grand-slam in his first spring at bat.

While the sample size is small and pitchers aren't necessarily bringing their best stuff, hitting well in March is better than the alternative.

 



Photo Credit: Getty Images

In Memoriam: Hugo Chavez

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Hugo Chávez, Venezuela’s fiery president and the most prominent leftist leader in South America, died on March 5, 2013. The 58-year-old, who rose through his country’s military ranks and led a failed coup before winning the presidency, died after a long battle with cancer and before being sworn in for a fourth term.

Sinkhole Opens in Spring Valley

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A sinkhole opened beneath a Spring Valley road when a burst water pipe flooded the street and buried the front wheel of a parked car.

Residents at Concepcion Avenue between Jamacha and Piedmont were in for a long day of street closures and road repairs after the early morning water main break.

Crews with the Otay Water District arrived to the area around 4 a.m. Tuesday and shut off water service to about a dozen residences.

A RAV-4 parked along the curb was caught up in the excess water and broken asphalt. With it's front left tire nearly buried, the vehicle was stuck in the unstable ground.

A tow truck was called to remove that car and another vehicle parked along the same side of the street.

Kathy Padilla watched as her car was carefully pulled out of the gaping hole.

“I’m just hoping that it didn’t get a lot of water in it and that it’s driveable and not bent and won’t take a lot of money to fix it. So, hope for the best, “ Padilla told NBC 7 San Diego.

Residents say they had a rude wake-up call.

“Our water pipe started to vibrate really loud, shaking our windows and walls,” said Ever Gonzalez. “All this water started coming down, our trash cans were knocked over and water everywhere.”

Check back for updates on this developing story.
 

Amtrak Train Strikes, Kills Pedestrian in Encinitas

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An Amtrak train struck and killed a pedestrian in Encinitas bringing train travel to a halt along San Diego’s coastline Tuesday morning.

The southbound Amtrak train struck the pedestrian at Vulcan Avenue and G Street around 8:30 a.m.

According to a spokesperson for the North County Transit District, everything is stopped right now and there will be delays for the trains.

Check back for updates on this developing story.
 

Editor's note: Firefighters initially reported the train involved as a Coaster. NBC 7 corrected the information and regrets the error.

TSA to Permit Small Knives, Golf Clubs on Planes

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The U.S. Transportation Security Administration announced that it will allow small knives and other previously restricted items like golf clubs and hockey sticks on the plane for the first time since the Sept. 11 attacks.

"This is part of an overall Risk-Based Security approach, which allows Transportation Security Officers to better focus their efforts on finding higher threat items such as explosives," the TSA said in a statement.

For full U.S. news coverage, visit NBCNews.com.

Knives must be less than 2.36 inches and less than half an inch at the widest point. Box cutters and knives with locking blades and molding handles are still banned, NBC News reported. The change will take effect April 25.

Overseas passengers will no longer have to check their knives as they pass through the U.S., according to Bloomberg News.

Novelty sports equipment like souvenir bats given out at baseball games and Wiffle ball bats will also be allowed as long as they're less than 24 inches long. Lightweight plastic bats are permitted even if they're more than 2 feet long.

Billiard cues, ski poles and lacrosse sticks will also be permitted.

“All TSA is doing is catching up with the rest of the world,” Douglas R. Laird, president of aviation consulting firm Laird & Associates and former head of security for Northwest Airlines told NBC News.

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