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Chipotle Announces Delivery

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Chipotle fans rejoice! You can now get your chicken bowl delivered right to you.

The fast-casual Mexican food chain has announced a new partnership with Postmates, making them their official third-party delivery service.

The Chipotle delivery will be available in all markets where Postmates operates, including Chicago, New York City, Miami, Los Angeles, Washington D.C., Dallas, Seattle and Philadelphia.

“There have been a lot of people that have been delivering Chipotle through various services over the years and we’ve tried to in a lot of cases shut them down, because we weren’t sure whether the quality was going to be sufficient or whether they were following our rules,” Mark Crumpacker, chief creative and development officer at Chipotle, said in a call to investors. “This is different because we’ve made an official deal with Postmates and they have been delivering Chipotle for quite a while, too.”

Postmates said the delivery will start at $4.99 and is capped at $7.99, depending on distance.

Postmates, essentially an Uber for delivery food, was also pegged by Starbucks to test delivery in some markets.

The move comes as Chipotle announced a 10.4 percent sales increase in the first quarter of 2015.

“Strengthening our ecommerce program is a top priority for us this year,” Crumpacker said.

In addition to the delivery partnership, Chipotle also plans to incorporate a mobile payment option into its ordering apps. The chain plans to launch an ordering app for the Apple Watch, set to debut Friday, and will explore options of mobile payment services like Apply Pay and Google Wallet.
 



Photo Credit: Getty Images

Elephants Will Likely Spend a Few Weeks in San Diego

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SEATTLE (AP) -- Seattle zoo officials say the two elephants moving to Oklahoma will likely spend a few weeks in San Diego before continuing their journey.

The aging Asian pachyderms changed course in Salt Lake City and then stopped in California instead of heading straight to Oklahoma last week after being diverted by a storm.

The chief operating officer of the Woodland Park Zoo said Thursday that Chai and Bamboo are doing well in San Diego, eating and drinking as expected. They are being cared for by the people who worked with them at the Seattle zoo.

Bruce Bohmke says the elephants weren't taken back on the road right away after stopping in California on Friday because it takes time to arrange their travel with all the parties involved.

Dramatic Helmet Cam Video of Fire

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Dramatic video from a firefighter's helmet cam captures a spectacular blaze in New Jersey as a mansion built in the 1880s goes up in flames.

The four-alarm fire Monday at the Rumson estate known as Blithewald illuminated the sky, with giant flames leaping from the structure as sparks flickered in front of the faces of firefighters battling the blaze inside. The helmet video shows the dangers they faced as they fought through thick smoke, flames and water for nearly six hours to get the blaze under control. 

Brett Murphy, a Sea Bright volunteer deputy fire chief, told NBC 4 New York, "It's what we signed up for." Murphy's brother was wearing the helmet cam that captured the dramatic video.

No injuries were reported and the blaze at the 22-room mansion built in 1883 has been ruled accidental, though prosecutors have yet to identify an exact cause. Firefighters from 10 departments responded.

Former Sea Bright fire chief Joe Eskridge says the helmet cam is "probably one of the best tools you can have besides water" when it comes to coordinating fire response and investigations.

Before it went up in flames, the mansion was being decorated by more than 40 interior designers and landscapers for a month-long home tour fundraiser on behalf of the Visiting Nurse Association of New Jersey.

A spokesman said the nonprofit is reviewing alternatives to meet its budget. According to the group's website, the mansion was referred to locally as the "Gatsby House" because F. Scott Fitzgerald was a friend of the owner in the late 1880s and visited frequently.

The house, which has seven bedrooms, eight bathrooms and sprawls across 4.3 acres of land, is currently owned by Thomas Widener, a Deutsche Bank Securities Inc. executive.


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Dallas Cops Cleared in Shooting

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A Dallas County grand jury has declined to indict two Dallas police officers who fatally shot 39-year-old Jason Harrison, a mentally ill man holding a screwdriver.

The grand jury no billed the officers during a hearing Thursday.

"We appreciate the grand jury's consideration of all the evidence in the matter. The City is currently defending the civil lawsuit. Our thoughts and prayers are with all those struggling with mental illness," said Chris Livingston, an attorney for both officers.

Harrison's family is disappointed and frustrated. Harrison's brother says the family hopes this case will initiate change in the way deadly officer-involved shootings are handled.

"We're not headed in the right direction for change – to try to taper off the activities these guys are doing and getting away with," said Sean Harrison. "This is not the way to correct it."

In March the attorney for Harrison's family released video of the June 2014 shooting to the media and said it raised questions about the use of force by Dallas police officers John Rodgers and Andrew Hutchins.

The video shows an officer knocking on the front door of a home in the 200 block of Glencairn Drive. Harrison's mother opens the door and calmly walks outside, inaudibly telling officers something then saying her son was schizophrenic and bipolar.

When Harrison appears in the doorway holding a screwdriver in his hand, Rodgers and Hutchins instruct him to drop the screwdriver. According to the officers, Harrison then made an aggressive or threatening move, reportedly lunging toward an officer, before they opened fire.

Harrison's mother Shirley spoke exclusively to NBC 5 and said she called 911 that day after her son stopped taking his medication and made violent threats.

“We maintain the footage shows him not stabbing, not thrusting, not lunging in a way that would jeopardize the lives of these officer,” said the family's attorney, Geoff Henley. “He never leaves the front porch and he’s gunned down.”

Attorney Chris Livingston, who represents the officers involved, said once the video is slowed it shows Jason Harrison move toward officers and his arm rotate down into a stabbing motion as the first shots are fired.

The family says a federal civil rights lawsuit filed in October will go forward.

"This is not the end, this is the beginning," Harrison said, "And, we will fight to get people in place in office that we need – we need people to address these issues and make the accountability be there so we can have a great city."

After the Dallas Police Department completed their investigation, the officers were placed back on duty as the case was handed over to the Dallas County district attorney for referral to the grand jury.

NBC 5's Jocelyn Lockwood, Johnny Archer and Frank Heinz contributed to this report.

Missing Therapy Dog Reunited with Marine Vet Owner

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A local Marine veteran’s therapy dog that disappeared for four months has been found safe and reunited with her owner.

Animal Services' officials received a call on Thursday morning that Nahla had been found in the San Ysidro area; the residents there said they found the dog as a stray in the area.

Nahla was rescued safe, save for some serious skin issues, fleas and a bit emaciated, but should fully recover.

Fernando Quandt and his wife, Vivian, said they had lost hope they'd ever see their missing dog again.

Even when the got the call from the San Diego County Animal Shelter in Bonita, they were skeptical.

"I don't even think we believe," said Vivian before the reunion. "Since we got the call we feel like we actually need to see her." 

But when Nahla walked up to her human parents Thursday afternoon, she sweetly gave everyone the confirmation they needed.

Nahla appeared overjoyed to be reunited with her owners, covering them in kisses with her tail wagging.

"I almost feel like we're not going to work tomorrow," said Vivian. "We have to stay home and make sure she's still home."

Nahla ran away from the couple’s Chula Vista neighborhood on Christmas Eve while the couple was out of town visiting a sick relative.

The dog helps Fernando Quandt cope with his post-traumatic stress disorder from his time in the Marine Corps and without her he’s lost.

The couple hired a well-known pet detective, launched a Facebook page and started tacking up giant posters in town.

They also regularly checked in with animal shelters and last Saturday, held a vigil in Chula Vista to raise awareness of Nahla’s disappearance as well as that of other missing animals.

"I"m just really happy to have her back," said Fernando.

Blue Bell to Begin Cleaning

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Blue Bell Ice Cream on Monday will begin an intensive cleaning program at all four production facilities in Alabama, Oklahoma and Texas after a number of listeria illnesses were linked to the ice cream.

The company recalled all of its products Monday after two samples of chocolate chip cookie dough ice cream tested positive for listeria in March. The Centers for Disease Control and Prevention announced Tuesday the number of listeria illnesses nationwide linked to Blue Bell products has risen to 10.

At the same time they begin the intensive cleaning, the Texas-based ice cream maker will start a new training program for employees at those facilities.

"After a thorough review of operations and discussions with an expert microbiologist, it was decided this cleaning and training program will greatly benefit Blue Bell as it moves forward," the company said in a news release Thursday.

The new training, the company said, will include the following:

  • Highly aggressive cleaning techniques
  • Increased actions focused on sanitation and cleanliness
  • Strengthening of standard operating procedures
  • Enhancements to its preventive maintenance program
  • Equipment design changes 

Meanwhile the company will be producing products that will be used for testing and baseline data and not for public sale.

“We’ve always worked to make the very highest quality ice cream,” said Blue Bell CEO and President Paul Kruse. “We intend to make a fresh start and that begins with intensive cleaning and enhanced training. This is a paradigm shifting event at Blue Bell and we want to put in place new systems to drive continuous improvement.”

Company spokesman Joe Robertson said Tuesday finding the cause of the listeria contamination is a top priority.

Still, the company "cannot say with certainty" how the bacteria was introduced to its facilities, Kruse said in a statement.

Blue Bell expects to have ice cream products back on store shelves in about three weeks.

For now, outside the distribution center in Lancaster, Texas, the ice cream trucks are parked.

Grocery stores tell NBC 5 the company is aiming for Memorial Day to get the ice cream back on the shelves.

At Pokey-O’s in Dallas, owner Kathy Oszustowicz hopes its much sooner than that date.

“It’s impossible to replace a vendor like Blue Bell,” explained Oszustowicz. “Blue Bell has a corner in the market down here, they supply everyone and they do a good job at it.”

Half of her store's ice cream case is empty, where gallons of Blue Bell would normally be. It's the same situation on store shelves.

A Blue Bell representative was at the ice cream shop earlier Thursday, Oszustowicz said, asking about the most popular flavors.

“They wanted to select the top 10 flavors to start making first. They were asking local ice cream stores what the top 10 flavors were. We were telling them what our big sellers were, [and] that’s where they’re going to start,” she explained.



Photo Credit: NBC 5 News

Crash, Geyser Block Olympic Parkway in Chula Vista

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A single-car crash has closed down Olympic Parkway in Chula Vista, west of Otay Ranch High School.

Chula Vista Police are diverting westbound traffic along Olympic Parkway at Heritage Road after a driver lost control and struck a hydrant. 

A geyser of water reaching at least 100 feet into the air spouted at approximately 6 a.m. It was shut off approximately 40 minutes later.

The increased number of drivers leaving Chula Vista via Telegraph Canyon  caused gridlock.

The road was reopened to traffic before 7:30 a.m.

Study: Could Big Earthquakes Come in Flurries?

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What if there's not just one "Big One," but several?

Twelve faults able to produce high-magnitude earthquakes, above 7 on the Richter scale, criss-cross Southern California, and a new study has scientists wondering if a big shock along one of the faults could cause others to violently shake as well.

"These are going to be Southern California-wide effects," said James Dolan, USC professor of Earth Sciences and the author of the study.

It's been over a century since the last true "Big One" hit California -- that would be San Francisco's 7.8-magnitude shaker in 1906 -- but Dolan is investigating whether really big earthquakes can put pressure on other faults, causing big earthquakes there as well.

His team studied how much SoCal's second largest fault moved each year during periods when there were many earthquakes and when it was quiet. They theorize that the strength of the fault was related to that of other faults in the system, said their study abstract posted online.

"We have flurries of big earthquakes separated by long periods of relative seismic quiet," Dolan said.

They presented their findings on cycles of activity at a recent meeting of the Seismological Society of America.

U.S. Geological Survey scientists said in March they are virtually certain that a strong earthquake like the one that hit Northridge in 1994 will strike California in the next 30 years, and they placed the likelihood of it being a magnitude-8 temblor at 7 percent. They mentioned the possibility that several faults can shake at once as well.



Photo Credit: File photo

Carson Stadium Mock-Ups

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The plan for a $1.7 billion joint stadium in Carson got a overhaul this week as MANICA Architecture released their latest renderings on April 23, 2015.

Photo Credit: MANICA Architecture

Woman Stole Dying NYC Fashion Exec's Identity: Police

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A woman stole a New York City fashion executive's identity, withdrawing thousands of dollars from her bank account and opening credit cards in her name as she was dying in the hospital, state police and relatives say. 

State Police say the woman pictured in the bank surveillance images fraudulently withdrew $9,200 from Kate Sullivan's account from Chase branches at Commack and Freeport on Long Island, and then opened several store cards in New Haven, Connecticut, to make nearly $4,000 in merchandise purchases. 

A woman identifying herself as Sullivan's sister posted the suspect's photos on her Facebook page, detailing how she uncovered the alleged fraud a week before Sullivan died last September.  

"When Kate was in the ICU I answered her phone, it was the bank manager in Long Island," Sarah Sullivan wrote. "He said a woman came in with a fake ID as Kate, and when he questioned her, she ran out." 

Because the suspect had already withdrawn money at another branch, the family moved immediately to shut down all of Kate Sullivan's accounts. 

"A few weeks after the funeral, I got Kate's mail and there were all these new store credit cards and bills, they had already been maxed," wrote Sarah Sullivan. "Somehow she had her Social Security number, address, last four digits of bank # and copied signature from her license." 

"I've had to fax death certificates and affidavits to all of the creditors and fly in to meet with the police and lots of other stuff I didn't need to deal with while I'm mourning my sister's death," she said. 

Kate Sullivan, 50, was a marketing executive who had worked for fashions designers like Kimora Lee Simmons and Diane von Furstenerg before her death from lung cancer on Sept. 28, Newsday reports. She lived in the Financial District. 

Anyone with information is asked to contact State Police Troop L at 631-756-3393. 

Driver in Cycling Crash Blames Boyfriend Delusions: Psychiatrist

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The woman accused of slamming into a group of cyclists on Fiesta Island said her boyfriend “appeared and then disappeared,” somehow causing the crash, a psychiatrist testified Thursday.

Theresa Owens, 49, is undergoing a mental competency trial to determine if she is fit to face charges of felony DUI causing injury and possession of a controlled substance.

Police say she was under the influence of methamphetamine on Aug. 12 when she drove the wrong way on the Mission Bay island and hit about 10 cyclists. During her arrest, a bag of meth was found in her vagina, prosecutors allege.

At Owens’ mental competency trial, Dr. Clark Smith, a psychiatrist for the defense, discussed his Feb. 3 evaluation of Owens.

When he asked about the incident, Owens blamed everything on her boyfriend, he said.

"Her belief was that he had appeared and then disappeared,” Smith testified, “moved to different part of Fiesta Island in an effort to make her try to follow him and that somehow — and it doesn't make logical sense — but somehow this caused her to have this accident."

Getting information from Owens was a frustrating process, Smith said. He had to repeat questions five or six times, and she would talk nonstop about psychotic delusions about her mother and boyfriend, according to the psychiatrist.

"My diagnosis of Ms. Owens is that she has bipolar disorder with chronic or long-standing mania and psychotic features, but also depressive features,” said Smith.

But as Deputy District Attorney Jessica Coto pointed out in her opening statements, it is the defense’s burden to prove Owens is mentally incompetent to stand trial.

To face charges, Owens must understand the court proceedings and help her lawyer in her own defense, Coto told the jury.

A psychiatrist for the prosecution, who evaluated Owens two weeks ago, said she met those qualifications, according to Coto.

"She fully understood what she was being charged with, what the system was all about and how this process was going to occur,” she said.

The prosecution’s psychiatrist is expected to testify at a later point. In the meantime, all criminal proceedings against Owens remain on hold.

Ten people were injured in the Fiesta Island crash in August, including La Jolla father Juan Carlos Vinolo, who is now paralyzed.

The crash prompted the city of San Diego to improve signs and road safety in the area to prevent another incident.
 

County Supervisor Leaks Details About Confidential Meeting

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San Diego County Supervisor Dave Roberts disclosed details about a confidential discussion of sensitive personnel matter, according to emails obtained by NBC 7 Investigates. One legal expert said Roberts’ disclosure violates the spirit, if not the letter, of a state government code.

The supervisors met in a confidential, closed session on April 14 to discuss what public documents describe as a “conference with legal counsel” regarding “anticipated litigation.”

Multiple county sources told NBC 7 Investigates the purpose was a candid discussion of a proposed $75,000 pay-out to Roberts' former Chief of Staff Glyniss Vaughan.

The Board of Supervisors did not approve the pay-out or any separation agreement at that April 14 closed session and did not make any public report on its discussion.

But emails obtained by NBC 7 Investigates reveal that four days after that closed door meeting, Roberts sent an email to former County Supervisor Pam Slater.

Roberts told Slater the board rejected the payment. “Yes, unanimous! 5-0,” Roberts emailed Slater.

Tony Solare, a local attorney with expertise in government law, says details like that must remain confidential until the matter is settled.

Solare, who formerly worked in the San Diego City Attorney’s office, said the confidential nature of closed session meetings is important because it allows elected officials, their attorneys and administrators to talk frankly about sensitive and important issues.

“They can feel comfortable that it’s going to remain confidential so that they can air different ideas and talk about things that if discussed in a public setting, would be unpopular,” Solare explained.

A county spokesman confirmed someone sent a copy of Roberts’ email to county attorneys, who are reviewing those messages.

Roberts has not responded to our request for comment on his email.

In the last four months, Roberts' office has experienced a high level of turnover, with at least seven of his 11 staffers quitting.

In her resignation letter, a copy of which was obtained by NBC 7 Investigates, Vaughn complained of a "hostile, politicized work environment" in Roberts' office.

She said she should not “be required to endure the retaliation that took place before I went on leave and while I was on leave," according to the letter, which was sent to the county’s personnel director. 

Roberts' current Chief of Staff Mel Millstein defended his boss, saying "he is a fair and thoughtful leader who provides strong support." 

San Diego Dubbed "World’s Smart City”

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San Diegans who tout their city as "America's Finest" have been known to get called out on that claim.

But when National Geographic ranks the region among the world's “smart cities," it's hard to argue the point.

If a book really can be judged by its cover, San Diego's scenic beauty is a great start to the story.

All well and good.

Truth be told, however, it’s what’s springing from the minds of geniuses -- and the power of business and industry – that’s now putting this city on the world's 21st-century map in a substantial context.

"Where desert meets ocean lies one of American's fastest-growing cities,” begins the narration for a 30-second video trailer promoting the documentary “World’s Smart Cities: San Diego” produced by the National Geographic Channel. “A place where talent, innovation and technology thrive in a relaxed way of life."

It’s priceless exposure, for a longstanding tourism town with deep and ever-stronger intellectual and economic underpinnings.

Local high society swells and civic leaders turned out in grand fashion for a Tuesday evening reception and local premiere of the production, showcasing San Diego among just a handful of anointed cities-- and the only such city in North America.

"We know what a great place it is; we know there's amazing things that happen here,” Jim Zortman, Northrup Grumman’s executive vice president told NBC 7. “I think now the rest of the world is going to find out -- and in a lot of cases, they're going to be surprised."

Says Kerri Kapich, marketing vice president of the San Diego Tourism Authority: "San Diego is really changing how people live, work and play. And we're doing that on a global basis, if you look at the type of products and services that we're creating and taking to the marketplace …higher education, this innovative economy that's been built -- all of these things are creating a very enviable destination, if you will."

Hometown pride, validated on an international scale potentially reaching 300 million households in 61 countries, is hard to hide under a rock for city boosters.

"Around the world, when people think of the great cities doing great things, San Diego's got to be part of the equation and part of the discussion," says Mark Cafferty executive director of the San Diego Regional Economic Development Corp. "What (National Geographic) saw, as an outsider looking in, is a region that's trying to address challenges, is thinking about those challenges -- and has a history and a culture in its business community that has been solving big, significant challenges for a long time."

The documentary airs here at 8 a.m. Saturday on the National Geographic Channel.

Local business executives will soon screen it in London, Tokyo and Washington D.C. during high-level private meetings to further promote San Diego's global impact.

Stage Collapses at Ind. High School

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Injuries were reported Thursday night after a stage collapsed during a performance at a suburban Indianapolis high school.

Indiana State Police told NBC station WTHR that several people were hurt -- two critically -- when the stage went down inside the Westfield High School auditorium in Westfield, Indiana.

Students were performing "American Pie," a rock concert.

Sara Camden, a woman whose son was performing, said she'd seen students practice on the stage numerous times but wasn't aware of any structural problems. Her son was not among the injured.

Video Camden posted to Twitter showed several students jumping on the stage portion that ultimately fell. 

"It all just collapsed under them," a witness told WTHR.

Professor Still Teaching After Harassing Student

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A San Diego State University professor sent hundreds of suggestive text messages to a young female student, violating the state education code, according to SDSU investigative documents.

NBC 7 Investigates has confirmed professor Vincent Martin, who teaches Spanish literature and grammar at SDSU, continues to teach at the university.

The student involved asked NBC 7 not to publish her name because she does not want her life defined by what she described as a nightmare experience at SDSU.

The student said the university has not done enough to punish Martin for his behavior. She saved dozens of text messages and emails from Martin and shared them with NBC 7 Investigates.

Her allegations are confirmed, in part, by an August 2014 “Notice of Investigative Outcome” from the SDSU Office of Employee Relations and Compliance.

The student said Martin is an expert in the works of 16th century Spanish author Miguel de Cervantes and early modern Hispanic theater. He also has a Ph.D. from New York University.

The student told NBC 7 Investigates Martin had a reputation for provocative behavior with female students. But because she said she needed two of his classes to finish her Spanish major, and felt confident she could keep her distance if Martin tried to cross the line of appropriate behavior, she enrolled in the class anyway.

She said it all started innocently during a summer session course in 2013, when Martin learned she baby-sat on the side.

According to the student, he made a comment, “Oh, well, I can use a baby sitter for my daughter. It’s hard finding a college-age student that wants to baby-sit. Would you be willing?”

She gave Martin her cellphone number and email address. She said doing so unleashed a flood of hundreds of unwelcomed texts and emails.

During an interview with NBC 7 Investigates, she read, and explained, one of the text messages she found most disturbing: “‘Buenos Dias, rubia.’ Which means 'Good day, blondie' basically. 'What day/night-were you thinking you might want to come over for food/drink/movie/whatev's? Weekend, weekday, not sure? Just checking. Don't want to make plans for that day,’ with a smiley face."

The student said Martin also asked her via text if she wanted to go to Tijuana with him, “…to go partying over the weekend."

Text messages reviewed by NBC 7 Investigates confirm Martin suggested the student meet him after class or away from school for drinks at a bar or restaurant or at Martin's home.

"That was really surprising to me,” the student told NBC 7 Investigates.

“I had no idea he would be that stupid, honestly,” she said. “Because that was in black-and-white. He knew I was under 21, because I explicitly told him I was under 21."

But she said that knowledge did not stop the suggestive messages.

"So his response is, 'Not 21?' with a series of question marks,” the student said. “'But you're so mature,' in all caps. 'Wow, very impressed. So we'll do something else, and pick up pizza and beer or wine and chat.' In parentheses 'I won't tell if you won't.' With a winky, smiley face."

She said she did respond to some of his texts because, she said, it's difficult to ignore a professor in a position of authority in a class she needed in order to graduate.

She also said Martin gave her a low grade on a test because she refused his invitations: “And he told me that all I had to do if I wanted to raise my grade was come to office hours and we could work something out between the two of us.”

In October 2013 the student filed a formal complaint against Martin with SDSU's Office of Employee Relations and Compliance.

A document obtained by NBC 7 Investigates reveals a university investigator interviewed Martin, three other SDSU faculty members and 14 other students.

The investigation confirmed the student’s allegations and "concluded that Dr. Martin engaged in conduct of a sexually-oriented nature ... sufficiently severe to constitute sexual harassment" in violation of the state education code.

As a result, the university allowed her to drop Martin's course without a penalty, and the full investigative report was sent to the administration and faculty affairs departments.

Martin did not respond to repeated requests for comment on this story, but his attorney said Martin disagrees with the findings of that investigation and will challenge them.

SDSU declined our request for an interview and, citing privacy rights, would not provide any details about Martin's case.

For those reasons, it is unknown if Martin has been — or will be — disciplined as a result of the findings of that investigation.

NBC 7 Investigates has confirmed Martin is still teaching at SDSU. He has three classes this semester and is scheduled to teach another course this summer.

The student who filed the complaint against him said she is angry the university will not tell her about any actions that may have been taken against Martin or the status of his case.

"I don't think that a person who uses his daughter as bait to get action and who uses his job as a dating service, I don't think someone like that should be employed,” the student said. “And the fact that SDSU is continuing to employ him knowing that all this is true, I think is disgusting."

SDSU did provide general information about sexual harassment and discrimination cases filed against faculty, staff members and other SDSU personnel in recent years.

According to the information provided, 13 allegations were filed from 2009 to 2013. Ten of the accused were faculty members or instructors. Five of the 13 complaints were found to be valid.

Evidence in the other eight cases either did not support the allegation, or the person who filed the complaint did not follow through.

In a written statement accompanying those statistics, SDSU said in part it “ … takes all complaints of sexual harassment seriously ... If an allegation of sexual harassment is sustained, the University takes immediate corrective action to remedy" the problem.

Watch the full story tonight on NBC 7 at 11 p.m. on TV or in our mobile app.

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


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Philly Officer Shot

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A drug suspect said he didn't "want to have to do this" before opening fire on a Philadelphia Police bicycle officer in West Philadelphia Thursday night, said Philadelphia Police.

Officer Daniel Kostick and his partner approached a man inside a white van in the area of Wilton Street and Girard Avenue around 10:15 p.m. suspecting possible narcotics violations, said police.

The man then backed up and took off. Kostick caught up to the suspect around 51st and Master streets.

Deputy Commissioner Richard Ross explained what happened next: "They're having a brief discussion... the male turns to him and says, 'I don't want to have to do this' and then he fires at Officer Kostick. Kostick returns fire, striking the male."

Originally police said Officer Daniel Kostick was hit in the thigh but they later clarified that the officer was hit in the right arm.

After the shooting, fellow officers rushed Kostick to Presbyterian Hospital in University City where the married father of two was listed in stable condition, said police.

Ross said Kostick, an eight-year veteran assigned to the 19th District was in "good spirits."

"He's very lucky given the circumstances," said Ross.

Police later found the suspect in an alley behind the 5000 block of Master Street. Police also took a second person into custody along the 4900 block of W Stile Street, said sources with knowledge of the investigation.

As SkyForce10 hovered overhead, officers could be seen putting a man into a police van. It wasn't clear that person's role in the shooting.

The suspect was rushed to Hahnemann Hospital. Police didn't reveal his condition.

Investigators recovered a gun at the scene, said Ross.



Photo Credit: SkyForce10

CHP Dashcam Video Shows State Senator's DUI Tests

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Newly released California Highway Patrol dashcam video shows an impaired California State Senator Ben Hueso undergoing sobriety tests and answering questions before his August arrest.

In the footage, the San Diego senator is seen driving the wrong way onto a one-way street in Sacramento on Aug. 22. He quickly U-turns, but a CHP officer is quickly on his tail, pulling him over at a nearby gas station.

Hueso gets out of his car and is asked to do field sobriety tests. At the officer’s request, he walks back and forth in a straight line.

He is then asked to do a voluntary breathalyzer test.

“But I’m also a politician,” said Hueso, “and I work with politicians that have been through this process, that have not been given a fair process.”

The CHP officer argues that he has been very honest. He explains Hueso will have to submit to either a blood test or breathalyzer at the station if he is arrested on suspicion of DUI.

Hueso tells the officer that he has to be careful what he does from a legal perspective.

“Whether you decide tonight, you know what, I’m under the influence or not, I have seen some of my colleagues be dragged out to a really horrible legal process,” he is heard saying.

While he says the officer has behaved professionally, Hueso admits he’s worried about his ulterior motives.

When asked if he knows what the legal limit is in California, the senator says it’s not about his blood alcohol content – it’s about whether the officer finds him impaired to drive.

“I admit that I made a wrong turn because there wasn’t – I’m not that familiar with this town. And I was trying to find a way to get back on the freeway,” said Hueso.

When he again refuses the extra test, the CHP officer informs Hueso he is being arrested for DUI. CHP officials later said he had a BAC of 0.08.

However, months later, Hueso pleaded guilty to a lesser “wet reckless” charge because prosecutors have a hard time proving DUI when a defendant only registers a 0.08.

The day after he was released on bond, Hueso released a statement that said, in part, “I am truly and profoundly sorry for the unacceptably poor personal judgment which I demonstrated last night.”

In December, he was sentenced to three years of probation and ordered to undergo a six-week alcohol program.

Hueso currently represents California's 40th District, which covers southern San Diego County, as well as parts of Riverside and Imperial counties.

Trail of Blood Leads from Victim to Starbucks: PD

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A “very long blood trail” leads from the scene of a suspicious death to a Starbucks and may provide clues as to who killed a Chula Vista man, police said.

Chula Vista Police were called to the second-story building at 45 3rd Avenue at approximately 1:30 a.m. The crime scene is located east of Interstate 5 and south of State Route 54.

A 44-year-old Hispanic man was found lying in his doorway, suffering from “severe injuries,” police said. He was pronounced dead at the scene by paramedics. His identity has not been released.

Investigators then found a trail of blood and other evidence that stretches approximately a mile to a nearby Starbucks.

Chula Vista Police Lt. Fritz Reber said a roommate of the victim discovered the body and called it in to police. A pair of bloody pants were found near the crime scene.

“We’re still walking the trail,” Lt. Reber said. “We’ve come to a location where we can’t find anymore and that location is maybe a mile from here.”

While the cause of death has yet to be determined, Reber said it appears there was some type of struggle.

Investigators were collecting information from people who knew the victim. They’re also checking cameras and witnesses along the blood trail, Reber said.

No suspect information has been released.


 

Sexual Assault Awareness Posters Removed by Navy: Vet

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A Navy veteran hoped banners hung along the pedestrian bridge near Naval Base San Diego would shed light on military sexual assaults.

But, Brittany Fintel said, the banners that share stories of sexual assault survivors were removed by the Navy less than 24 hours after being hung last weekend.

Fintel and other survivors hung the posts to recognize that April is sexual assault awareness month.

Fintel said she wasn’t surprised they were removed by the Navy, but she was angry they were taken down so quickly.

“As a victim, I was infuriated,” she said. “They removed them after two days of being hung last year, so we knew that they were going to be taken down. However, we didn’t know less than 24 – less than 12 hours – that they were going to be hanging up.”

A Navy Public Affairs released a statement on Thursday, saying the Navy feared the banners would be a “trigger.”

“The Navy in San Diego continues to vigorously pursue the elimination of sexual assault,” the statement read. “The signs/banners that were hung without previous discussion on the pedestrian bridge at Naval Base San Diego could have served as a trigger for sexual assault victims or survivors, or their family members, and were removed and returned.”

Fintel, who says she was raped by her leading petty officer during a 2012 deployment to Bahrain, didn’t see the banners as negative.

“We didn’t want this to come across as a protest or military bashing,” she said. “We just wanted to strictly empower the victims as well as create awareness for military sexual assault.”
Fintel plans to apply for a city permit to have the right to hang the banners next April.



Photo Credit: Brittany Fintel

Rebates for Drought-Friendly Lawns Dry Up

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Lawn rebates from the city of San Diego, designed to encourage homeowners to replace their grass with drought-friendly landscaping, dried up faster than the state’s water.

On April 15, the city launched its grass rebate program, paying $1.50 for every square foot of lawn replaced. The funds were expected to last through July.

But on Wednesday, city officials announced they were not accepting any more applications; San Diego’s well of $750,000 had gone dry.

Donna Rowley was in the process of meeting the requirements when she heard the bad news.

“They got the allotment and now they're out of money? It's not even the end of April yet,” she said Thursday. “How are we supposed to act so quickly when there's a lot of paperwork involved, taking pictures, etc., and submitting it?"

The city admits it was inundated beyond expectations. More than 350 residents and businesses will get the rebates, so more than 500,000 square feet grass will be torn up.

But some wonder how much of the money was sucked up by businesses, since the city did not create separate funding pools for companies and homeowners.

Homeowner Frank Whitton missed the rebates as well, but he’s moving forward with his xeriscaping plan. His grass, which is headed to the dump, has been replaced by rocks.

"With saving a gardener and water, it’s going to pay for itself in 12 months,” said Whitton. “It's that quick.”

The money for another rebate offered by the county Water Authority evaporated in January, but they say there is still a $2 per square foot rebate available through the SoCal Water$mart Turf Replacement program, which is not in danger of going away anytime soon.

Unlike other programs, there is also no cap for residential customers, so those with large yards can benefit greatly.

The city of San Diego expects to have additional funds for their rebate program at the start of their next fiscal year in July.

If you want to put in turf, the county water authority has worked out a 10 percent discount with certain companies, but you have to mention the discount to get it.



Photo Credit: NBC 7
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