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Sea Lion Snaps at Fisherman in Incredible Snapshot

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A sea lion, looking for a bite to eat, instead bit a San Diego man’s hand and dragged him off the side of a boat — a terrifying moment perfectly caught on camera. The victim said the attack forced him to think, “This is the place where I am going to die.”

Dan Carlin was touting an exciting catch on April 5: a large yellowtail reeled in from the ocean.

As he and his wife Trish docked into the Hyatt Mission Bay Marina, Trish asked him to pose for a picture, instructing him to pick up the fish and smile.

But a jealous sea lion below thought it should get the catch.

As Trish pushed the button on the camera, the sea lion jumped from the water and bit Dan's hand.

“My legs were flipped up in the air and I went straight down,” Dan told NBC 7 on Tuesday.

With an iron grip, the animal refused to let go, diving down with Dan in tow.

“As I am going into the water, I feel him tugging me down,” he described. “I know that I am going to die. This is the place where I am going to die.”

But after 20 seconds underwater, Dan was able to struggle loose and free himself from the sea lion’s mouth. As he started to swim away, he said the animal bit his foot.

By the time rescuers arrived, he had made it back to the boat. Dan spent the next two days in the hospital for severe wounds to his hand and foot.

After the terrifying incident, Dan is now speaking out about sea lion aggression.

“They come onto the piers and they become aggressive,” he said. “And I just want people to know they’re not anything that you want to get close to.”

In the first few months of the year, more than 1,800 sick sea lion pups were reported along California beaches.

Warmer conditions mean less food for the sea mammals and, according to Jim Milbury at the National Oceanic and Atmospheric Administration (NOAA), that could be what prompted this sea lion to try such a brazen theft.

Milbury said it's fairly common that people will feed sea lions and other mammals by throwing fish off the back of boats.

"That gets to be a learned behavior. It doesn’t take them long to figure out where the fish are," Milbury said. "They’re smart, they can be aggressive and they seem to be especially hungry right now."

The California Sea Lion can range in weight from 250 pounds for females to 900 pounds for males.

NOAA’s advice to the public: don’t approach them, don’t try to touch them or ride them and don’t try to swim with them.

Boaters should stay at least 50 yards from seals and sea lions, according to the agency’s guidelines.

NOAA suggests swimmers should stay 50 yards from seals or sea lions that are in the water or on buoys. When they are on the beach, stay 100 feet away when approaching on land.


"Michael Jackson Protester" Explains His Baltimore Riot Dancing

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When protests turned violent in Baltimore one person was captured on video dancing amid the chaos to Michael Jackson's "Beat It."

Dimitri Reeves shimmied and moonwalked blocks from where a CVS pharmacy was looted and burned on Monday, according to reports.

“We wanted to go out and spread positivity,” the 22-year-old told the New York Daily News. “I wanted to go out and show people flipping cars isn’t the answer.”

At least 20 officers were injured in clashes with protesters, dozens of cars were set ablaze and 230 people were arrested in the riots, NBC News reported. The violence followed earlier peaceful demonstrations protesting the death of Freddie Gray, a black man who died last week after suffering a spinal cord injury while in police custody.

Videos of Reeves' dancing display -- at one point he danced on top of a truck -- quickly sprouted on social media, with many calling him the “Michael Jackson protester.”

“Everyone was so tense,” he told the News. “Even while I was performing, people were running down the street.”

Reeves said he wasn’t trying to make light of the situation, but rather wanted to provide an alternative to the violence.

In another viral moment to come out of the demonstrations Monday, a mother was caught on video smacking her 16-year-old son after he threw objects at police. The woman said she pulled her son from the scene because she didn’t want him “to be a Freddie Gray.”



Photo Credit: @shomaristone/Twitter
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If Sentenced to Death, Tsarnaev Could Face Years of Appeals

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If Boston Marathon bomber Dzhokhar Tsarnaev is sentenced to death, he will likely face decades in prison first. The U.S. government has executed only three criminals since the federal death penalty was reinstated 27 years ago.

Tsarnaev, who at the beginning of the month was found guilty of 30 charges related to the attack, would join nearly 60 other inmates on federal death row. Fifty-nine prisoners are awaiting a review of their cases, and three others are to be retried or re-sentenced after their verdicts were reversed on appeal, according to figures compiled by the Federal Death Penalty Resource Counsel.

That compares to about 3,000 on death row in states across the country.

The penalty phase of the trial began on April 21. On Monday, Tsarnaev's defense team began arguing for a life sentence instead of a death penalty.

Oklahoma City bomber Timothy McVeigh was one of the last federal prisoners to be executed. He was killed by lethal injection in 2001, four years after he was found guilty of bombing the Alfred P. Murrah Federal Building. His execution came quicker than some because he stopped appealing his death sentence.

Executed that same year was Juan Raul Garza, a drug kingpin who ordered the murder of colleagues. Two years later, Louis Jones Jr., a Gulf War veteran who raped and killed a woman, was put to death. Garza and Jones were executed eight years after they were convicted.

Federal cases can reach the end of their reviews faster than state ones, though more than half of federal prisoners have been waiting for more than 10 years for their reviews to be heard; some for 20 years.

If Tsarnaev is sentenced to death for the attack, which killed three people and injured more than 260, his case could face two rounds of reviews.

A direct appeal would be decided by the U.S. Court of Appeals for the First Circuit and would be limited to issues that have already been raised. His lawyers, for example, repeatedly requested that the trial be moved out of Boston, but were rebuffed by the judge. Other issues that could be contested: objections made during jury selection, rulings that permitted evidence his lawyers thought more inflammatory than probative, or questions that were not permitted during cross examination.

If the appeal is denied, the U.S. Supreme Court is not required to review the case, but that step would be expected.

The second round, the habeas corpus petition, would involve only issues that have not already been presented, such as claims that Tsarnaev received ineffective representation or that the government withheld evidence that should have been turned over to the defense.

“What that might look like here is anybody’s guess,” said Robert Dunham, the executive director of the Death Penalty Information Center in Washington, D.C.

But if such claims are made, they would likely concern documents showing what the government knew about the older Tsarnaev brother, Tamerlan, who was killed during a shoot-out with police. 

While acknowledging the horror and grief the brothers caused, Tsarnaev’s lawyers are arguing that Dzhokhar Tsarnaev should be sentenced to life in prison not death because it was Tamerlan who conceived of leaving bombs near the Boston Marathon finish line, who turned fanatical and became obsessed with jihad.

Whether a jury in Boston would vote for death has been much discussed. Tsarnaev's defense started presenting its case this week as a poll for The Boston Globe found that only 15 percent of people in Boston and 19 percent in Massachusetts favored the death penalty for him.

Among those who would rather Tsarnaev be imprisoned for life are the parents of the youngest victim, 8-year-old Martin Richard.

"We hope our two remaining children do not have to grow up with the lingering, painful reminder of what the defendant took from them, which years of appeals would undoubtedly bring," the parents, Bill and Denise Richard, wrote in The Boston Globe.

The sister of the MIT police officer shot and killed by the brothers, Sean Collier, also opposes the death penalty for Tsarnaev. Jennifer Lemmerman wrote on Facebook that executing him would not bring her peace, the Globe reported.

Massachusetts abolished its state death penalty in 1984, one of 18 states to have done so. The last prisoners were executed there nearly 40 years earlier by electric chair.

Dunham noted that federal juries in the past have distinguished the most culpable in a crime -- for example in the case of McVeigh. His accomplice Terry Nichols was sentenced to life in prison without the possibility of parole.

If Tsarnaev is given a life sentence, he would be imprisoned at the country’s highest security prison, the so-called supermax federal prison in Florence, Colorado, or more formally, the United States Penitentiary Administrative Maximum Facility. Communications there are strictly limited and Tsarnaev would enter prison and be forgotten, one of his lawyers, David Bruck, told the jury.

“This is where the government keeps other terrorists who used to be famous but aren’t anymore,” he said.

After the U.S. Supreme Court struck down death penalty laws in 1972, the federal death penalty was also suspended. But it was reintroduced in 1988, and since then 74 defendants have been sentenced to death.

Defending them comes at a price. A report from the federal courts found in 2010 that the median cost of cases that went to trial was $465,602.

All executions now take place at a federal prison in Terre Haute, Indiana.



Photo Credit: Art Lien

Drone Flies Above Plane During Landing in Dallas

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A Virgin America pilot reported seeing a quadcopter drone ascend above him Tuesday night while on approach into Dallas Love Field Airport, city officials and the FAA say.

According to a statement from City Manager Jose Torres, Dallas police were notified by the Love Field tower that a pilot on Virgin Flight 769 from New York LaGuardia to Dallas reported seeing the unmanned aerial vehicle (UAV) as they passed over the 19-story Crescent Hotel.

At the time of the sighting the pilot reported the plane's altitude at about 1,000 feet and the drone's altitude climbing to about 1,200 feet. With Dallas-Fort Worth being about 600 feet above mean sea level, the plane's altitude at the time of the sighting is estimated to be 400 feet above ground and the drone's is estimated to have been ascending to 600 feet above ground.

Dallas police dispatched their Air One helicopter to search for the drone and tweeted a photo at about midnight.

Federal Aviation Administration Mid-States Public Affairs Manager Lynn Lunsford said the flight crew reported seeing the red and green lights of the quadcopter over the runway and then it rose to approximately 200 feet above them as the plane descended toward runway 31R.

"The small aircraft should not have been in the air at all without permission from the Love Field tower," Lunsford said. "This applies to all flights within five miles of any airport."

The pilot of Virgin's Airbus 319 did not have to take evasive action and the flight landed safely just before 9:30 p.m.

At this time the operator of the UAV has not been located.

More and More Pilots Report Seeing Drones Near Airports

In just the last year there have been several high profile examples commercial pilots coming into close contact with UAVs in protected airspace.

According to FAA data, in October 2014 a drone crashed near Dallas Love Field. In July 2014, an Envoy Air flight heading to Dallas/Fort Worth International Airport reported a drone at 3,000 feet passing 500 feet off to its left side at the same elevation.

And in June 2014, a man posted a YouTube video showing his drone over AT&T Stadium before it crashed into the building. The man later said he was flying at 700 feet and lost radio control.

FAA Proposes New Rules for Flying UAVs

In February, the FAA released a proposal for new rules regarding UAVs to improve safety in the skies while still giving people the freedom to fly.

Under the proposal, drones can only be flown during daylight hours, below 500 feet at 100 mph or less and five miles away from airports. Pilots would have to maintain constant visual contact with the drone and would be required to hold a new FAA certificate.

To see the entire proposal click here.

Editor's note: Initial reports indicated the drone was about 600 feet off the ground while air traffic control chatter had the drone's altitude at about 1,200 feet. A revised statement was issued Wednesday morning that clarifies the altitude to account for local elevation above mean sea level, which is about 600 feet.

NBC 5's Ellen Bryan, Frank Heinz and Chris Van Horne contributed to this report.



Photo Credit: Chopper 5
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Family Pleads for Leads in Unsolved Murder

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The family of a woman murdered exactly 20 years ago in San Diego is pleading for information on the cold case that only gets more difficult with each passing day.

“It’s been 20 years, and we’re still here,” said father James Odom, referring to the deadly, unsolved shooting of his daughter, Crystal Odom. “It gets harder every day. Every day is like the first day.”

According to the San Diego Police Department’s Homicide Unit, Crystal was gunned down on the corner of 65th and Akins streets in southeastern San Diego on April 29, 1995. She was driving her car at the time of the deadly shooting, accompanied by her fiancé and 10-month-old baby girl.

Her fiancé and baby survived the shooting, but Crystal did not.

To this day, her murder remains a mystery.

Her father and mother, Gloria Jimenez, said their pain has only grown over time. The grieving parents said Wednesday that they will never give up seeking justice for their daughter.

“Our desire, enthusiasm and ambition is still the same. We won’t stop until this case is solved,” said James, urging anyone with information on the murder to step forward with their tips, no matter how big or small.

“The people that did this to my daughter – they need to pay for this,” added Jimenez. “It is very painful, every day. I just want peace; I just want justice. We all want to move on with our lives.”

“Please, help us solve this case,” Jimenez pleaded.

Though two decades have passed, Crystal’s family feels her loss every day. That feeling is especially true for her surviving daughter, who is now in her early 20s.

Crystal’s daughter was brought to tears Wednesday when discussing her mother’s murder. She held up a poster with her mother's photo for all to see.

“Spread the word to stop the violence,” she told reporters. “Violence is useless.”

As they have done for many years, Crystal’s family and friends visited her grave on the anniversary of her murder.

The SDPD and Crime Stoppers have issued new flyers containing details on the cold case in hopes of generating fresh leads. Anyone with information should contact the SDPD Homicide Unit at (619) 531-2293 or Crime Stoppers at (619) 580-8477. Tipster can remain anonymous.
 



Photo Credit: San Diego Police Department
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Mysterious Lights Spotted South of San Diego

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Did you see those mysterious lights southwest of San Diego on Tuesday night?

A viewer sent us several photos he took, capturing a string of multicolored lights in the sky above San Diego. The viewer, Larry Fox, said the lights that appeared to be red, blue and green kept flashing and changing colors from his vantage point in Del Cerro.

"It looked like a strobe light," he said.

Fox said he was out in his backyard when he saw the strange lights southwest of the Coronado Bridge. He didn't think it was a plane or even a drone because it was stationary.

"It was a series of flashing lights," he said. "If it was a plane, it would have moved."

A NBC 7 reporter and photographer also spotted the strange lights from San Ysidro as they were covering an unrelated story on Tuesday night.

A number of folks also called us here at NBC 7, reporting the same thing.

So did you see it? Leave us a comment below.



Photo Credit: Larry E Fox

Port Reverse Parking Rate Hikes

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Parking rates at popular spots along the North Embarcadero will not go up, as initially planned.

On April 14, Port of San Diego officials approved a range of parking rate hikes, which would have had an impact on the areas near the U.S.S. Midway Museum, Anthony’s Fish Grotto and Tuna Harbor.

At a Monday meeting, officials re-examined the issue after they received feedback from stakeholders, who expressed concern with the specifics of the plan, said spokeswoman Tanya Castaneda.

The board reversed the plan to give Port staff more time to work with government stakeholders "to resolve various questions about the initiative," she said. They will come back to the proposal at a later date. 

Under the plan, parking rates would have ranged from $1 to $2.50 hourly, depending on which part of the North Embarcadero you would be parking at – and at which time of the year. The Port planned to purchase and install 520 solar-powered smart meters and establish a per-hour range of rates. For instance, the most popular areas in the summertime will see the greatest rates.

The Port's CEO would have also been given power to adjust parking rates based on market demand at public lots and garages. 

The way it is now, parking along the North Embarcadero cost $1.25 per hour at all locations.

In addition to the rate hikes, the plan now on hold would expand the parking fee enforcement hours to 10 a.m. to 8 p.m., seven days a week. Parking hours are 8 a.m. to 6 p.m. as it stands now. 



Photo Credit: John Audley

Bill Would Make It Illegal to Penalize Bad Reviews

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A newly proposed bill would make it illegal for businesses to fine those who post bad reviews on sites such as Yelp.

Three Californian Representatives and one Texas Representative introduced The Consumer Review Freedom Act Wednesday, which would make it illegal for businesses to penalize customers who write negative reviews online.

U.S. Representatives Darrell Issa (R-CA), whose district includes parts of San Diego County, Eric Swalwell (D-CA), who represents parts of Alameda County, and Brad Sherman (D-CA), who represents parts of LA County, and Blake Farenthold (R-TX).

“Some organizations have sought to stifle customers’ abilities to express their opinions online by threatening punitive action if a customer leaves a negative review,” Issa said. “The mere threat of monetary penalties or fines for writing honest reviews would chill the free exchange of opinions we expect to find on the Internet.”

The bill would make non-disparagement clauses in consumer contracts unenforceable. The Department of Justice and state attorney generals would be given power to take action against businesses that include those clauses. 

Gov. Jerry Brown signed a bill with a non-disparagement clause into law in 2014.

One Utah couple was fined $3,500 by KlearGear for violating a similar clause, according to a release, following a negative review they posted online about their experience with the company. Their refusal to pay took the claim to credit bureaus and the action damaged their rating.

“Consumers shouldn’t have to worry about being punished for posting an honest review. This is commonsense legislation to ensure the rights of consumers are protected and penalize businesses attempting to silence fair criticism,” Swalwell said.

Public Participation Project, Yelp, TripAdvisor, Angie’s List, National Consumer Law Center, Consumer Federation of America and Public Citizen have come out in support of the bill.



Photo Credit: Bloomberg via Getty Images

What Is Midazolam? High Court Shines Light on Execution Drug

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The drug at the heart of a botched lethal injection in Oklahoma isn't a household name for many, but on Wednesday, the powerful sedative was being debated in the Supreme Court as lawyers sparred over whether its use to execute prisoners is constitutional.

Midazolam may not sound familiar, but as a benzodiazepine, is in a class with other drugs that might, like Xanax and Valium.

The sedative is used to cause drowsiness, relieve anxiety before surgery or other medical procedures and prevent any memory of discomfort afterward, according to the federal government's medical library.

It's branded in the United States as Versed, the Mayo Clinic website says. Like other benzodiazepines, it works by slowing activity to the brain, letting patients relax and decreasing their consciousness, according to the website.

It is also used to decrease consciousness in seriously ill patients who are hospitalized on breathing machines, according to the website of the U.S. National Library of Medicine, a part of the National Institutes of Health.

The drug can also have serious side effects — including uncontrollable shaking, stiffening and jerking of the arms and legs, seizures, uncontrollable rapid eye movements and difficulty breathing or swallowing.

A year ago Wednesday, death row inmate Clayton Lockett was injected with the drug, the first of three that Oklahoma uses in its executions. He writhed and moaned as he took more than 40 minutes to die.

Lawyers for other death row inmates in the state argued Wednesday before the Supreme Court that midazolam is unsuited for executions because inmates might not be sedated sufficiently and could feel severe pain as the next two drugs are injected. The state counters that lower courts have ruled the dosage likely renders inmates unconscious.

The case has arrived at the Supreme Court as prisons are finding it increasingly difficult to buy drugs for lethal injections. Midazolam was chosen because pharmaceutical companies refused to supply previously used drugs. It has now been targeted, too.

States have begun looking for other methods of execution, with Oklahoma approving the use of nitrogen gas as a backup.



Photo Credit: FILE-Getty Images/The Washington Post

North San Diego's Scrumptious Standouts

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San Diego Magazine’s Best Of North County 2015 party at the Park Hyatt Aviara Resort last week showcased the best food in America’s Finest City. Naturally, our friends from Yelp were onsite to sample the spread. Check out some of the scrumptious standouts of the evening and bookmark the eateries for a future visit.

Yummy Cupcakes (Encinitas)
Cupcake Wars winner and local favorite, Yummy Cupcakes brought the house down with a large display of multiple tasty flavors. If you’ve never had one, the cupcake-in-a-jar is an experience that should not be missed. Stop by the shop Tuesdays for a deal on their signature Cupcake Truffles, plus check the calendar online for daily featured flavors.

Pure Burger (Carlsbad)
The line to get one of these meaty creations was no joke, and well worth the wait. Pure Burger grilled up generous sliders using grass-fed, never-frozen, ground-daily beef. Locally-sourced veggies and fries complete the meal if you stop into the location. Also, don’t forget to order the hand-scooped Tillamook ice cream shake. This place has a list of additional, unique toppings too – such as honey and bananas – that burger lovers can add to customize their creations.

Real Bar & Bistro (Solana Beach)
A total hidden gem, Solana Beach’s Real Bar and Bistro delivered a plate of perfection at the party with a composition of braised pork with house-made Gnocchi and local organic green English peas. Self-proclaimed “Localvores,” the owners source their ingredients guided by principles of sustainability. Those practices, plus a new piano bar at the eatery, make for one winning combination.

VG Donuts and Bakery (Cardiff-by-the-Sea)
This bakery showed off a fully edible display of its most famous creations: the half-buttermilk half-raised blueberry donut, cinnamon rolls, cupcakes and sugar cookies. The only thing missing was a little treat dubbed the Chocolate Thumbprint, a craving that can be satisfied at the bakery daily.

Angel Salumi and Truffles (Carlsbad)

In terms of truffles, this eatery focuses on the ascomycete fungus kind, not the chocolate kind. We were obsessed with the Black Truffle Salumi samples offered at the party, a product of Perigord, France, 100 percent Berkshire and aged for three months. A stop in to the recently-opened shop will also yield truffle butters, caviars, sea salts, and of course, the truffles themselves.

Gaia Gelato (Carlsbad)
This new kid on the block from Carlsbad Village was super cool (pun intended) and set up delightful mini cones and generous gelato samples. Authenticity is created here daily, in small batches, using special Italian recipes combined with California ingredients. Swing in and get some scoops: the Nocciola (Hazelnut) is a total crowd-pleaser.
 



Photo Credit: Pure Burger/Facebook
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2 Women Arrested in Brawl

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Two Queens women have been arrested in connection with a brawl over a parking spot outside a Long Island mall that was captured on video, police said Wednesday.

Authorities say Latoya Friday, 24, of the Rockaways was looking to park at the crowded Green Acres Mall in Valley Stream Sunday and saw a man, the husband of the other woman arrested, standing in an empty spot, apparently trying to hold the space.

Friday and the man, who was holding a young child, started arguing. At some point, the man's wife, 35-year-old Tawana Morel of Rosedale, showed up and Friday allegedly punched her in the head.

The situation escalated into an all-out brawl, and Friday ended up at the bottom of the pile. A profanity-laden video of the fight posted on YouTube shows Morel straddling Friday and repeatedly punching her in the face. Morel's husband, still holding the child, pushes a second woman away and says, “My wife is going to beat her."

As the punches fly, the husband says, “Baby, bust her head wide … open for running her mouth.” The video then shows Morel pull the other woman up by her feet and punch her in the head several more times.

Nearly two minutes into the video, two other men walk up and attempt to break up the fight as Friday yells, “I cannot breathe!” The man holding the child tells the bystanders, “But she hit her first,” and another man says, “So what, so what?.”

As the two women are separated, the man with the child can be heard saying, “Now you got knots on your face for running your… mouth. Now go home. Brooklyn style.”

Morel, her husband holding the child and two other children then walk away.

Police say Friday suffered minor injuries and refused treatment at the scene.

Friday reported the altercation to police a few days after the fight, police said. Authorities reviewed surveillance footage from multiple angles and arrested both Morel and Friday.

They were charged with misdemeanor assault and released on desk appearance tickets. It wasn't clear if either woman had an attorney.

Morel, who is the mother of seven children, told NBC 4 New York that Friday started the fight when she and the second woman came up and threatened to "tag team" her.

"She jumped into her fighting stance," Morel said. "My shirt got ripped off. My hair was on the ground. My shoes were on the ground." 

She defended getting on top of Friday and hitting her, saying that she learned the moves while taking self defense courses.

"I was horrified," Morel said.

Morel said she recently had a job interview with the NYPD and hopes to join the department. She says she was willing to forget the fight, but then Friday went to the media.

"And now I'm facing and dealing with this type of mess," Morel said.

DNA Clears Fla. Man in Rape Case

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An 18-year-old man arrested in the kidnapping and rape of a teen in Miami-Dade, Florida, was cleared of all charges Wednesday after DNA evidence exonerated him of the crime, while a second man has been arrested in the alleged incident.

Miguel Macias had been arrested on March 13 in the December 2014 incident, in which the 18-year-old was driven to a remote location and raped.

At a court hearing Wednesday, Judge Jason Bloch apologized to Macias and said he will seal his arrest record.

"Mr. Macias, I apologize for what happened to you sir," Judge Bloch said.

Macias said being away from his family hurt him the most while in jail.

"When you gotta talk to them through a phone and through the glass, that's what gets to you the most," he said. "I knew from the very beginning that I was innocent, I just knew it was a matter of time."

According to Macias' attorney, Mark Eiglarsh, Macias was arrested after the victim found him on Facebook and identified him as the man who raped her. Macias professed his innocence and volunteered a DNA sample after his arrest, Eiglarsh said.

But when the DNA results from the crime were released, they pointed police to 27-year-old Miguel Angel Bustos, who denied the rape allegations and said the sex was consensual, according to a Miami-Dade Police arrest report.

Bustos was arrested Tuesday on sexual battery and kidnapping charges. He was being held without bond Wednesday and it was unknown if he has an attorney.

Many would agree the two men look alike, but Eiglarsh insisted the Facebook identification was insufficient. Macias had text messages proving his alibi, and his tattooed arms and hands should have been an easy way for the victim to identify her attacker, Eiglarsh said.

Chief assistant state attorney Kathleen Hoague said Macias was arrested based on the testimony of a witness and corroborating evidence.

"Once we found out there was other evidence that indicated otherwise, especially DNA, as well as alibi witnesses, we moved as expeditiously as possible and the right result happened," Hoague said. "We are very sorry that the man was in custody for the period of time that he was, but as soon as we found out, we did what we had to do and we released him, this happens all the time, okay, this is not the first time this has happened and it won't be the last."

Eiglarsh said Macias spent 42 days in jail for a crime he didn't commit and he wants to make sure it doesn't happen again.

"If this happens frequently then something needs to be done. I understand that mistakes occur, but they could do things differently," Eiglarsh said. "Don't file the charges when the evidence is so weak before confirming with the lab whether the DNA proves that my client did it or didn't do it."



Photo Credit: Miami-Dade Corrections

Dump Truck Hauling Boulder Overturns on SR-78

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An overturned dump truck hauling a boulder is blocking both sides of State Route 78 just east of Ramona, forcing California Highway Patrol to issue a Sig Alert ahead of a large cleanup effort.

The large boulder rolled out of the truck when it turned over near Rancho Santa Teresa Drive.

Traffic is being diverted to Old Julian Highway as a heavy-duty tow truck or big rig responds to upright the dump truck.

More than one truck may be needed, CHP says.

It's unclear how they plan to get the boulder off the road.

There is no word on injuries or the condition of the dump truck driver.



Photo Credit: Getty Images/iStockphoto

San Diego Air Quality Improving, Slowly: Report

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San Diego’s air is getting a little better, year by year.

For the first time, San Diego did not make the nation’s list of top 25 Most Polluted Cities in an air quality report released Wednesday by the American Lung Association.

The San Diego and Imperial counties also did not make the list for top 10 most polluted cities for any pollutant in the new report.

Debra Kelley with the American Lung Association said the report means San Diego’s air has been improving in recent years.

"For the first time ever we are not on the list of the nation's top 25 dirtiest cities, so that's great,” Kelley said. “For the first time ever, we did not get an F in particle pollution."

The city also did not receive a failing grade in particle pollution and but did receive an F for ozone, though the city had the fewest unhealthy ozone days ever.

Both counties saw ozone levels fall as much as 80 percent or more since the 2000 report. Unhealthy spikes in particle pollution fell by 92 percent.

Kelley said even low levels of ozone over a long period of time can harm our lungs.

“It's kind of like getting a little bit of sunburn every day. Eventually it damages your skin. And that's exactly what happens to the lungs over time,” said Kelley.

Bill Brick, Senior Air Pollution Meteorologist for the County of San Diego, said The American Lung Association has a higher standard for air quality. He said our ozone levels may not be as bad as the report says, but we still need to get better.

"So from that data they're taking it and they're applying their own grading system to it. And because of that, they give us an F,” Brick said. “We're approaching meeting the standards for ozone but we're not quite there yet."

Communities closer to freeways, rail yards, freight corridors and other local pollution sources face higher risks for coming in contact with air pollution sources.

Mother's Son Okay After Nepal Quake

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A candlelight vigil for those missing amid the Nepal earthquake aftermath ended with an extraordinary phone call when a Coronado woman learned her son is still alive.

The emotional vigil was held at the center of UC San Diego’s campus Tuesday night.

Mother Lisa Rosenbusch attended the ceremony organized by the university’s Nepalese Student Association in hopes of finding someone with contacts to a Sherpa who could be hired to trek up the mountain on the specific mission of finding her son, 21-year-old Spencer Dickinson.

Dickinson was on a trek climbing Mount Everest when the deadly, devastating quake struck the region. For Rosenbusch, not knowing where her son has been is incredibly difficult and painful.

“My vision is he is fine and helping others. It’s the only place I can stand because if I go to the other [place] I can’t function,” Rosenbusch told NBC 7.

Dickinson, who lives in Los Angeles, left for Asia alone last October on a year-long adventure. His last communication with family was April 19 when he talked about his upcoming trip to Mount Everest base camp.

Rosenbusch brought a picture of her son to UC San Diego’s vigil and fought back tears as she listened to speakers talk of the tragic earthquake.

The worried mother said she had been waiting for any sign of her son – any phone call that would assure her he is fine and well.

“I’m manning my phone all day and night, because night is their day,” said Rosenbusch.

Shortly after the vigil ended, Rosenbusch got the sign she had been hoping for.

She received a phone call from her son’s father who said Spencer had called to say he is okay.

“It’s the best phone call I’ve ever received; amazing,” she said.

Rosenbusch said her son couldn’t talk long, because he was in the process of being taken off the mountain by helicopter with a group of injured climbers, but he offered reassurance that he is fine.
 



Photo Credit: NBC 7 San Diego

Honor One Memorial Vehicle to Honor Fallen Cops

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Police unveiled a brand new car covered in the names of those officers that have died in the line of duty Wednesday.

The vehicle, Honor One, is dedicated to the men and woman that work to keep the community safe, 32 of whom have died during duty.

The car is distinctly marked and will serve as a mobile monument to honor the fallen police officers.

Sean Cicchetto, whose grandfather died in the line of duty in 1987, said he came out to the unveiling because it was important to him to honor those fallen officers. 

"I thought this was just an outstanding idea," Cicchetto said. "We got notified short notice but raced here, make sure I show my boys…I have 5 boys and I want them to be proud of my grandfather especially but all of the guy, all of them, women too."

This mobile memorial was unveiled at the San Diego Police Department Headquarters downtown at 1:00 p.m. Wednesday.

Officials said they hoped the vehicle serves as a reminder that the safety and security of San Diego’s communities come at a cost that is not measured in dollars and cents.

The SDPD and San Diego Police Officers Association also hope to remind the public that officers in the community are more than a uniform but people with names, faces and families.

Honor One was sponsored by local businesses and organizations.

"It’s awesome," Cicchetto said. "This is just, this is just awesome. A brand new vehicle and it looks so good."
 

Trapped Hikers Flown Off Nepal Mountain

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Four hikers with ties to San Diego have been flown off a mountain on which they were trapped, and the group was on their way to Kathmandu Wednesday morning.

A candlelight vigil was held Tuesday night at UC San Diego sending prayers to victims of the Nepal quake and San Diegans still missing or stranded in the devastated region.

Prayers were answered for four hikers with ties to San Diego who are now on their way to Kathmandu and hopefully on their way home, too.

Caroline Heldman, the sister of one of the San Diegans, hiker Kat Heldman, spoke with NBC 7 and confirmed she had received a phone call from Heldman who said her hiking group of four was taken by military helicopter down the mountain they were trapped on.

The hikers had been trapped above an avalanche that had damaged the village below them after the deadly 7.8-magnitude earthquake struck Nepal. They were stuck with about 300 other people, running low on food and with temperatures slowly dropping.

Heldman was traveling with her husband and two friends. Caroline told NBC 7 Heldman is determined to get home and is searching for flights out of the disaster-stricken Nepal.
 



Photo Credit: NBC 7 San Diego

Local Earthquake Survivor: "It Was Utter Chaos"

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Venturing through the beautiful landscape of Nepal was on Patricia Kooren’s bucket list after surviving ovarian cancer.

But her must-see trip transformed into a nightmare when a massive earthquake shook the San Diego woman’s hotel room in Kathmandu last Saturday. While her building withstood the violent rumble, one next door did not.

“We were all escorted to a field across from the hotel and you just saw people streaming from the streets to the field, crying. Some were hurt,” she said.

Kooren returned from Nepal on Monday and was back at her job as a speech pathologist at Jerabek Elementary in Scripps Ranch on Tuesday. She spoke exclusively to NBC 7 on Wednesday about her experience.

The earthquake happened when she and her husband were just hours away from a return flight to San Diego. Instead, she found herself looking at leaning buildings and having no idea how or when she was going to get home.

As locals searched for survivors, all she saw was an airport without order or planes leaving on Saturday night.

“What we learned is all the workers from the airport just ran and they were too scared to go back in, so the airport itself was fine but there was no staff,” she said.

She described the scene at the airport as “utter chaos.”

“When we got there, it was utter, utter chaos,” she said. “It was one at one point scarier than the earthquake itself.”

Without any flights departing that night, Kooren and her husband return to their hotel. After spending the night in her same hotel room – not sleeping because of aftershocks – some good news came from her airline: her flight would depart on Sunday.

But getting into the airport to get her ticket was a challenge, as guards were blocking the gates.

“We strapped on our backpacks and I hooked onto my husband and (with) some sort of ramming thing, rammed ourselves through the door with all the other people,” she said.

Some planes never landed at that airport in Nepal. Fortunately, Kooren’s plane did arrive, and she breathed a sigh of relief when she landed safely in San Diego on Monday night.

How Safe is The Shrimp You Eat?

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The food we eat is, in most cases, safe – but there are some exceptions. Testing shows shrimp may not be as safe as we would like. NBC 7’s Consumer Bob is here to explain with the help of Consumer Reports.

Nurse Charged With Murdering Baby

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A licensed nurse practitioner from Queens has been charged with murder in the death of a severely developmentally disabled 23-month-old girl she was hired to care for who was taken to the hospital with burns over about 50 percent of her body several days after a bath, authorities said.

Oluyemisi Adebayo, 54, was arrested Wednesday as she prepared to board a flight to Africa via London. The St. Albans woman is an advanced practice registered nurse who has completed additional coursework and clinical education beyond that required of a general registered nurse.

Naomi Mondesire, who was born prematurely, was a happy and thriving little girl but required the care of a nurse practitioner, her grandmother Gardite Mondesire told NBC 4 New York. Mondesire said Adebayo was only on the job two days when she allegedly drew the scalding hot bath that would kill the toddler. 

Adebayo called Mondesire to say something had happened.

She said "she did something bad," said Mondesire. "After she look at the baby from the OR, she said it's bad." 

According to a criminal complaint, Adebayo prepared a bath for the little girl, whom she was caring for at the child's home in Rosedale, April 21 and tested the tub water with her hand before placing the baby in the tub. When Adebayo took her out of the bath, she allegedly saw the skin was falling off the baby's legs, the complaint says. Three days later, doctors at Nassau University Medical Center performed surgery on the baby to treat second- and third-degree immersion scald burns over half her body.

"You could tell she was in severe pain," said Mondesire. 

On Monday, the child died, and preliminary autopsy findings indicate complications of thermal injury -- or being submerged in scalding water -- killed her.

When detectives tested the faucet prosecutors say Adebayo said was used to fill the baby's tub, they found the maximum water temperature for it was 130 degrees. It would take about 120 seconds for the temperature to reach the maximum level, according to the criminal complaint.

Medical personnel told authorities Adebayo's account of how the baby was burned was inconsistent with the nature and severity of her injuries, according to the complaint. The baby allegedly would have had to have been submerged in 130-degree water for about 30 seconds to get the injuries she was treated for.

Mondesire doesn't believe Adebayo tested the water, either. 

"No, she just turned the faucet and put the baby there," she said. 

Mondesire said she can't bear to think about the suffering her granddaughter went through before she died.

"Each time I'm thinking about, it's like what Naomi went through, from the time she was in the hot water up until her last day," she said. 

It wasn't immediately clear if Adebayo had an attorney. She's scheduled to appear before a judge Thursday morning. 

A funeral will be held for Naomi on Saturday. 

-- Ida Siegal contributed to this report 

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