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Man Claims "Road Rage by Cop"

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A San Diego man is fighting to get multiple criminal charges dismissed after a confrontation with a plain clothes detective, something his attorney called “road rage by police officer.”

San Diego County Sheriff’s Department officials say one of their detectives was on duty when he witnessed Robert Branch driving erratically and weaving in and out of traffic along I-8 near the 2nd Street exit at about 5:30 p.m. on Monday, May 4.

Branch, 25, videotaped his arrest and shared it with NBC 7 Thursday, claiming he was put in a chokehold that caused him to pass out.

“I got an arm around my neck and I’m getting choked out, choked out like he’s choking me so bad you can’t hear me breathe,” Branch said. “You can hear it in my voice that I’m trying to get air into my lungs.”

Branch was arrested and charged with felony obstruction of justice as well as reckless driving and resisting arrest. However, his attorney, Marc Kohnen, said those charges are a cover-up for the detective’s behavior.

When his car swerved and drove into the median, Branch claims it was because another car pushed him off the road. He later learned Sheriff’s Detective Paul Ward was behind the wheel of the unmarked car.

Branch said he exited I-8 at College Avenue to investigate something rattling in his trunk when he saw Ward pull up and park behind him.

Ward identified himself as a detective with the San Diego County Sheriff’s Department and asked to see Branch’s driver license and registration.

Branch told NBC 7 the detective showed a badge but no picture identification, wasn’t wearing a gun, handcuffs or a radio.

“I had a bad feeling about him,” Branch said. “I’m going to go ahead and video tape this for my safety.”

Sheriff’s officials say Branch “became agitated, uncooperative, and refused to comply with Detective Ward's request.”

Branch himself admits he told Ward he would show him his license but not his registration. He also says he asked for a uniformed police officer to come to the scene.

What happened next was captured on Branch’s phone.

In the video, Branch repeatedly says “you cannot touch me” and tells Ward that he did not have lights on.

Then, the detective puts Branch in a chokehold.

Branch’s phone drops and stops recording video.

Sheriff’s officials say Branch was wearing a tactical vest with “security” written on it. When Ward attempted to check Branch for weapons, the young man turned away from the detective.

“Detective Ward could not see his hands or if Branch was reaching for a gun or other weapon from the front of his vest. At that point, Detective Ward applied the department-approved carotid-restraint to bring Branch under control,” sheriff’s department officials said in a statement.

“I wanted regular police to come. I wanted them to handle the situation the way it should be,” Branch told NBC 7. “I really thought I was going to die.”

Branch admits he considered using the pepper spray he had in the vest.

“I’m thinking if I spray him, he might let me go but I didn’t because it might go into a different situation,” he said.

He said he asked Ward if he knew about the increased tension in cities like Ferguson, Baltimore and other places.

Both Ward and Branch claim they asked a bystander to call for help.

Eventually the San Diego Police were called and arrived to take Branch into custody.

Read the entire statement from the San Diego Sheriff's Department here.

Kohnen said Det. Ward had nine miles to call for a uniformed patrol.

“Officer Ward had every opportunity to call for backup to diffuse the situation,” Kohnen said. “This would’ve been an entirely different outcome.”

Branch said he’s grateful he thought to record the encounter.

“If I didn’t have that video, I would probably be in jail,” Branch said. “That’s the new thing, everybody needs to start videotaping.”


 



Photo Credit: NBC 7 San Diego
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BP Supervisor Secretly Taped Women in Workplace Toilet

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A U.S. Border Patrol supervisor admitted in federal court Thursday that he secretly videotaped his female co-workers in the bathroom and then lied to cover up his actions.

Armando Gonzalez, 46, of El Cajon worked as a supervisor with the U.S. Border Patrol when he recorded seven women using the bathroom at the Chula Vista Border Patrol Station.

Under a plea agreement with federal prosecutors, Gonzalez admitted that he hid a camera in the bathroom and recorded videos from July 24, 2013 to April 11, 2014.

Prosecutors say the camera captured an estimated 300 videos by automatically recording when someone entered the stall.

The clips were stored on an SD card he hid at the office.

He also said that when his bosses found the camera and confronted him about it, he initially lied to them and said the camera was part of an investigation into an employee’s drug use.

A woman with U.S. Customs and Border Protection found the camera on Jan. 9 and reported it to authorities. Not long after, investigators say they found close to 170 pictures of naked women or those wearing only undergarments in Gonzalez’s office.

Gonzalez pleaded guilty to one count of making a false statement and seven counts of video voyeurism. He faces a maximum of 12 years in prison and $950,000 in fines when he’s sentenced
August 17.

Chief Patrol Agent Richard A. Barlow issued the following statement Thursday:

“The U.S. Border Patrol has cooperated fully with this investigation from the onset and we are satisfied to see the criminal justice system move swiftly to bring this case to a close. Mr. Gonzalez has tarnished the image of every Border Patrol agent who works tirelessly protecting America night and day. Border Patrol agents are held to the highest standards and we remain committed to rooting out unacceptable behavior to ensure that those who commit such acts are held accountable.”



Photo Credit: NBC 7

Woman: Airline Denied Suicidal Call

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A Wisconsin woman says that she got an alarming text from her husband saying he was about to kill himself just after she boarded her Southwest flight, but flight attendants wouldn't let her call for help. By the time the plane landed, her husband had died, the woman says.

Karen Momsen-Evers told NBC affiliate WTMJ that shortly before her Milwaukee-bound flight took off from New Orleans, she got a text message from her husband asking forgiveness for taking his life.

She said she texted back "no," but when she went to call him, she says a flight attendant "slapped the phone down and said, ‘You need to go on airplane mode now.’"

Momsen-Evers said she tried to explain her situation but was told it was "FAA regulations" and there was nothing the flight crew could do.

Two hours later, her plane landed, and she called police. When she arrived home, she was told her husband had died.

"Our hearts go out to Mrs. Evers and her family during this difficult time," Southwest said in a statement, adding that it could not share details of the event.

"Our flight attendants are responsible for executing Safety procedures to prepare a flight for departure and arrival, in accordance with FAA regulations, while assisting the up to 100-plus passengers onboard," the airline said.

"Flight attendants are trained to notify the captain if there is an emergency that poses a hazard to the aircraft or to the passengers on-board," it continued. "In this situation, the pilots were not notified."

Momsen-Evers told WTMJ she believes that notice could have saved her husband’s life, and that "knowing something could have been done" is heartbreaking.



Photo Credit: NBC 5 News

Church Preacher Deported, Family Pleads for Leniency

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For the thousands of mix-status families in San Diego, the fear of a loved one being deported is always present. For one National City family, that nightmare has come true, and they’re pleading for a kind of legal leniency the Department of Homeland Security (DHS) is able to provide depending on the case’s circumstances.

On April 25, 46-year-old Enrique Cervantes made a wrong turn and accidently drove through a Border Patrol checkpoint near Jamul. He is an undocumented citizen. His wife and five children are U.S. citizens. After being apprehended, his attorney says Cervantes was interviewed by Border Patrol and put on a bus to Mexico.

“My husband hasn’t been to Mexico in…not through his life. He doesn’t know around there. When they told me he was sent back through Yuma, all I did was run and scream to God, ‘Where is my husband!’” said Marisol Cervantes, his wife.

The father of five and church preacher first came to the U.S. when he was 11 years old. In 1993, he was convicted of being under the influence of drugs and deported. His wife, family and attorney say that’s when he turned things around, found God and dedicated his life to being a contributing member of society.

Before being deported, Cervantes was the sole breadwinner for his five children. His youngest daughter has Down syndrome.

“It’s hard for her to understand what’s going on, but she knows daddy is not home,” said his wife.

Cervantes’ family, his community, the local ACLU and several other groups say he should’ve received a kind of immigration leniency called prosecutorial discretion.

“The Department of Homeland Security has the discretion that if someone is not a threat to national security and has positive equity in the U.S. (family members, time lived in America, etc.), they may be eligible for DHS to ignore them and not deport them,” explained immigration and criminal defense attorney Saman Nessari.

“Prosecutorial discretion is part of immigration law that is not black and white. It’s discretionary. It’s a shade of gray. They have to look at all the elements of his life: what he’s doing now, where he’s at now, what happened, etc.” Nessari added.

Cervantes’ attorney says the way her client was processed was not fair. She says he was not given a fair chance to explain why he qualified for prosecutorial discretion.

The U.S. Border Patrol provided NBC 7 with this statement:

The U.S. Border Patrol is aware of the case regarding Mr. Cervantes. Mr. Cervantes was considered for prosecutorial discretion. However, his case did not meet Department of Homeland Security guidelines.

Cervantes’ community and attorneys are now helping him apply for humanitarian parole. His family tries to see him in Mexico as often as they can, but say it’s very difficult logistically and emotionally.
 

Storm May Break Rain Record

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The double-barreled wintry storm that swept San Diego this week may also be a record breaker by the time it’s over.

In two days, we've received almost as much rain as we have in the wettest May on record, according to NBC 7's Meteorologist Jodi Kodesh

Historically, May is not a month in which San Diego sees a lot of rain. The current record precipitation for the entire month is 2.54 inches. In two days, San Diego has received 2.14 inches of rain. If we continue to get consistent showers through the day, we could see the record shattered.

And when it comes to the last 24 hour rainfall totals, nine of the top 10 highest totals as of 9 a.m. Friday were from San Diego County.

The rare spring storm arrived into Southern California Thursday and Friday bringing heavy winds, snow in the mountains and the possibility of hail and lightning.
 



Photo Credit: Robert Chartier

McStay Murder Pretrial Hearing to Begin Tuesday

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The pretrial hearing for a man accused of killing the McStay family of Fallbrook, Calif., will officially begin next week, a judge ordered Friday.

The preliminary hearing for Charles Merritt will start Tuesday at 9 a.m. in a San Bernardino courtroom. There, prosecutors will present key, never-before-seen evidence against him. After that, a judge will decide if there’s enough evidence to send Merritt to trial.

Merritt is acting as his own attorney, which has held up the legal process. Friday’s decision comes six weeks after Merritt’s pretrial hearing was postponed because a judge ruled he was not ready to represent himself in the courtroom in the case that could result in the death penalty.

Merritt is accused of murdering his former business partner, Joseph McStay, along with Joseph’s wife, Summer McStay, and the couple’s two sons, 4-year-old Gianni McStay and 3-year-old Joseph Mateo McStay in 2010.

The Fallbrook family was reported missing on Feb. 4, 2010. The case of their disappearance baffled the San Diego County Sheriff’s Department and remained a mystery for years.

In November 2013, the skeletal remains of the family were uncovered in shallow graves in a very remote desert location in Victorville, Calif.

One year later, in November 2014, Merritt was arrested in connection with the mysterious murders.

He has chosen to serve as his own attorney because he only has six to eight months to live due to congestive heart failure and could not afford his own attorney. A judge offered a court-appointed attorney at no cost, but Merritt declined.

In February 2015, Merritt complained to a judge that he wasn’t receiving the documents needed for his defense. He asked for prosecution discovery documents and files on a computer that was seized by investigators, according to U-T San Diego reporter Teri Figueroa.

Last month, after his preliminary hearing was postponed, Merritt released a one-page written statement to the media asking the public, law enforcement and the news media to remember the presumption of innocence until proven guilty.

That statement read:

“We all feel the gravity of this situation, in that the entire family and its counterparts have experienced a horrific act of depravity. Joseph, Summer, Joseph Jr. and little Gianni all not here to find and see their injustice.

Although law enforcement has significantly made errors in their investigation which will become abundantly clear in the trial, they are the ones who must none the less take on this grievous task of finding and bringing to justice the person(s) responsible for the death of my good friend and his family.

I only ask that we all remember in this great country there is the presumption of innocence until proven guilty. It seems that some of us including law enforcement have forgotten this very important fact.

I only beg the place for this trial is in the courtroom. Outside of which the defendant has no right to compel the attendance of witnesses or cross examine sources of evidence. To do otherwise cannot be redressed by our courts and therefore the defendant’s rights to a fair trial are destroyed. This is an evil which no defendant can contend.

My prayer is that through the upcoming trial and the devotion of all of us we will come to find the truth, and that the real killer or killers of my friend and his precious family will be exposed.
If this is accomplished I bear no malice.”



Photo Credit: NBC 4

Racing in Their Bones: Behind Top Jockeys' Dynasties

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Javier Castellano would never have been a jockey if his father had had his way.

Abel Castellano had ridden horses for almost 30 years in Maracaibo, Venezuela, and broken ribs and a shoulder along the way. He knew how tough the job was.

But his son Javier would awaken as a child and get out of bed when his father returned from the track. Javier fell in love with racing, and once he finished high school, he followed his father to the track.

"I always looked up to him, because he was a great jockey," said Javier, 37, the top thoroughbred jockey in wins and earnings heading into the Preakness Stakes this weekend.

“It’s very risky, but it’s a beautiful sport,” he said.

On Saturday in Baltimore, he will ride Divining Rod in the second leg of the Triple Crown. The race will take all his concentration, he said, and it's easier when his family understands the pressures he faces.

Many riders in this year's Triple Crown come from long lineages of jockeys, trainers and agents — mostly men, though occasionally women. In families with deep roots in racing, the jockeys grow up around stables, learn from their fathers and uncles and root for their siblings in their races.

Trevor McCarthy, 20, knew by the first grade that he wanted to be jockey like his father, Michael.

As a boy, Trevor would go with his father to the Delaware Park Racetrack in Wilmington, first riding the ponies that led the horses to the post, then the horses themselves. He credits his father with much of his success.

"He’s put a lot of effort into making me the rider I am," McCarthy said.

McCarthy — who will be on Bodhisattva on Saturday, his 21st birthday — said he always looked up to his father, a jockey turned trainer and jockey's agent who also gallops horses in the mornings.

“He loves it, he loves that I ride," he said. "Sometimes he gets a bit nervous watching, a bit nervous and concerned at times, but overall he loves it."

His mother, who competed in barrel races in high school in upstate New York, is just as proud, he said.

Competing against McCarthy, the Preakness' youngest rider, will be Gary Stevens, a racing veteran who at 52 will be the oldest jockey at Pimlico on Saturday and who like his young rival was raised among horses, their trainers and jockeys.

Stevens twice returned to racing after he had retired, and has acted in the 2003 movie “Seabiscuit” and worked as a racing analyst for NBC Sports and other outlets during his time away from the track. Two weeks ago, Stevens rode Firing Line in the Kentucky Derby, finishing second to American Pharoah. He has previously won the Kentucky Derby, the Preakness and the Belmont stakes three times each.

Stevens was raised around horses in Boise, Idaho, the youngest of three boys. His brother Scott is also a jockey, and his brother Craig is a jockey agent and horse trainer. Their father is a horse trainer; their mother was a rodeo queen.

"She could ride, and she’s pretty,” he said.

Only Stevens' wife, Angie, does not ride.

All of the Stevens brothers played sports — football, baseball and wrestling — and they hunted and fished.

“We all wanted to play pro football, except for my middle brother Scott," Stevens said. "He always just wanted to be a jockey.”

He called all of his brothers in the days before the Preakness, and though they did talk about horses, no one brought up Saturday’s race.

"It’s kind of my peaceful time,” Stevens said. “It was more little brother calling his two big brothers, and just getting some free time off of not worrying about the Preakness. Sort of going back to my childhood with my brothers."

The bond of brotherhood also looms large for Victor Espinoza, who rode American Pharoah to victory at the Kentucky Derby and hopes to do the same Saturday. His older brother was also a jockey.

Espinoza, now 42, grew up on a farm in Hidalgo, Mexico, playing soccer, baseball, basketball — every sport but golf. He rode horses, but he was afraid of them.

“I had no clue about racing,” he said. “My family, they never were interested in the races. We are farmers.”

But Espinoza followed his older brother Jose to Cancun, where the two brothers learned to train horses, and eventually moved to California to ride them.

Victor never chose to become a jockey, he said. He rode horses to survive, for what he thought would be a short time.

“For me, it's not just a fun thing,” he said. “It's a job that I have to do.”

It's also a job that has profoundly affected his brother, who suffered a traumatic brain injury when he was thrown from a horse crossing the finish line in Saratoga in 2013. Jose no longer rides, and his brother says his condition is improving.

Though Jose was in Baltimore last year to watch his brother ride California Chrome in the Preakness, he will not travel this year. But he will watch the race, Victor Espinoza said.

"I try not to bring it up at all," Victor said of his brother’s injury. "For me, I just want him to be 100 percent."

Castellano, who will ride Divining Rod on Saturday, is reminded daily of the risks, too. His wife Abby, the daughter of the national director of the Jockeys' Guild, grasps the sacrifices he must make, he said.

Castellano loves his sport but appreciates how dangerous it can be. He must watch his weight. He has little time off. He travels in the winter from his home in New York to race in Florida. The first year, his wife moved with him, and they enrolled the children in school in Florida for three months, but the disruption wasn't good for them, he said. So now they stay in New York, and he is separated from them.

"It's a funny business," he said. “You can be in the top right now, and then if I spill, you can die or you can be paralyzed.”

His daughters cared more about the hats at the Kentucky Derby than about riding, he said, but there is also his 2-year-old son.

Would he like his son to follow him to the racetrack?

"I don't want to talk about that," he said, laughing, though he admitted he would support his son if he wanted to be a jockey. How could he not? he asked.



Photo Credit: AP

88-Year-Old Little League Coach a Hit in San Diego

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You won’t find his name in the Guinness Book of World Records and there is no official declaration of unsurpassed dedication to Little League Baseball players, but if San Diegan Joe Schloss isn’t the oldest baseball coach in America right now, I’d like to meet the man who is.

Schloss turned 88 years old last month, although he is 88 years young if you meet him in person, and still coaches the same North Park Little League team of 10, 11, and 12 year olds he has coached for decades.

Schloss, a Navy veteran who served in the Pacific during World War II, coached his first team in 1966, which makes this his 60th season and he has no plans of hanging up the clipboard anytime soon.

“I still enjoy it and I still can stand coming to the ballpark, meeting the kids and having some fun with the children and when it ceases to be fun, I’m not coming back,” said Schloss.

In the time since his coaching streak started we’ve seen the invention of the internet, a space shuttle land on the moon and the rise of Martin Luther King Jr.

His first players are now in their 70s.

He was a founding member of North Park Little League and has a field named in his honor, but some say the most remarkable streak is held by another Schloss.

Barbara Schloss, Joe’s wife, attends every single game.

“Most coaches coach when their children are playing and when their children are no longer playing they get out of the program,” said Barbara. “He coaches for the love of coaching.”

Schloss gets a good laugh when he meets new players or opposing teams who think he is the “real” coach’s father or grandfather.

“I think some of the parents go, ‘Who is he?’ or ‘What does he want?’” he said.

But anyone familiar with the league knows this: Coach Schloss knows baseball.

“I didn’t just wake up yesterday. I know what’s it about and when I tell you to make the play or put the ball in play, I understand the game,” said Schloss.

He says his coaching style has changed through the years.

“I’ve probably mellowed a bit,” said Schloss.

When asked to give other coaches advice, he recommends two things: patience and understanding each kid individually.

And while Schloss may get a lot of attention for the quantity of his coaching, it’s the quality which stands out the most.

Saturday, May 16 will be officially declared “Joe Schloss Day” by the City and County of San Diego.
To honor Schloss’ commitment to coaching, local leaders will present proclamations to the coach in a special ceremony at Morley Field.
 


2 Victims ID'd in D.C. Home

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D.C. police identified two of the people found dead in a burning home in the expensive Woodley Park neighborhood Thursday as Savvas Savopoulos, 46, and his wife, Amy Savopoulos, 47.

Police believe the other bodies are the couple's son, Philip, 10, and housekeeper Veralicia Figueroa, 57.

The events that led to their deaths may have begun Wednesday, police said.

Firefighters arrived at the large home in the 3200 block of Woodland Drive NW midday Thursday to find smoke and fire coming out of the roof.

According to investigators, one of the victims was bleeding from the head and had a heavy smell of gasoline when he or she was transported to Georgetown University Hospital. There's also evidence that points to arson.

D.C. Police Chief Cathy Lanier said the fire is being investigated as "suspicious," and the deaths are being investigated as a homicide arson. ATF agents, evidence collectors and police investigators are working both inside and outside of the house.

Investigators are also looking for information about a 2008 blue Porsche 911 with D.C. license plates DK 2418. The car was seen near the house about 10:30 a.m. Thursday. Police found the car — torched and unoccupied — in the parking lot of St. Christopher's Episcopal Church in Lanham, Maryland, about 5:15 p.m. Thursday.

They want to know more about who was driving it earlier that day. Anyone with information should call police at 202-727-9099.

Police said they will check surveillance video from cameras in the neighborhood. At least two cameras are visible outside the Savopoulos' home.

Neighbors who've been in the home said the family had an extensive and valuable art collection, which was on display a couple of years ago during the Christmas house tour put on by St. Albans school, where Phillip was a student.

There is no sign of forced entry into the home, police said. The fire took about 30 minutes to extinguish.

FBI, NTSB Probing Projectile Report

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Investigators have asked the FBI to look at whether a projectile, like a rock or bullet, hit Amtrak Regional 188 moments before it sped up and derailed at a curve in Philadelphia Tuesday night, killing eight people and injuring more than 200.

The latest information comes after NTSB investigators interviewed three Amtrak employees — including 32-year-old engineer Brandon Bostian — on Friday.

Bostian remembers ringing the train's bell as it passed through North Philadelphia station, about 4 miles from the crash site, but his memory is blank after that point, NTSB's Robert Sumwalt said. The interview lasted an hour and a half and Bostian, accompanied by his lawyer, was described as "extremely cooperative."

An assistant conductor told the NTSB she heard a SEPTA operator on adjacent tracks radio that his window had been shattered by an unknown projectile. That SEPTA train was one of two trains that NBC10 previously reported were hit by projectiles on the same line around the same time that night.

The woman, who was working in the fourth car that is a cafe car, said she believed she heard Bostian tell the SEPTA engineer their train had also been hit by something.

Moments later, the train careened off a curve at Frankford Junction in Port Richmond as it traveled more than 100 mph in a 50 mph zone. 

"We have not independently confirmed this knowledge. We rely on the FBI for their expertise in such areas," Sumwalt said.

Bostian, who suffered a concussion, head and leg injuries and doesn't remember the crash, did not tell investigators the train was hit by a projectile. A second assistant conductor, interviewed Friday, did not hear the conversation either, but may have been having trouble with his radio.

An outward-facing video feed on the locomotive also did not record a strike, according to Sumwalt.

The FBI will be looking at a damaged windshield on Amtrak 188. Sumwalt said the windshield was shattered in the derailment, but there's one area, on the lower left side, that they will be focusing on and analyzing the fracture pattern.

What About the Speed?

Whether or not the locomotive was hit by a projectile, it still doesn't explain the train's quick acceleration. The train does not have an automatic throttle — meaning a person must move the throttle to control the speed. Sumwalt said investigators are working to rule out all possibilities including a "mechanical anomaly."

Investigators plan to comb through data from the black box which records movement of the throttle.

A 3D scan was made of the interior and exterior of the train. Investigators plan to reconnect the engine's brake lines and conduct tests in the coming days to determine whether they were operating properly. Initial findings showed the train only decelerated by four miles per hour after the emergency brake was applied.

Bostian is well-versed in his job, investigators said, and is described by friends as someone who's loved trains since he was a child.

Brad Watts, a longtime friend of Bostian and former NBC News producer, told NBCNews.com he is a good person who cares deeply about his job.

"He knows the responsibility that it takes for a person to get people to and from their destination safely," he said. "Something happened … catastrophic to cause the train to derail."

Watts has not spoken to his friend since the derailment, but has been in touch with his significant other, he said.

"Knowing Brandon myself, Brandon cares a lot about people and I can imagine that it's tearing him up inside," he said.

The NTSB is wrapping up their on-site investigation and planning to head back to Washington, D.C. to continue the probe. Sumwalt did not have a timeline when the investigation would be complete.

Two Trains Hit Before Crash

SEPTA Regional Rail train 769 heading northbound toward Trenton, New Jersey, was hit by something at 9:05 p.m., the transit authority told NBC10 Wednesday. The impact of the unknown object shattered the engineer's windshield and forced the train out of service just south of North Philadelphia station.

About 10 minutes later, Amtrak Acela 2173 traveling southbound on the same line was also hit by a projectile. Passenger Madison Calvert was sitting next to the window that was damaged.

“I’m like ‘Oh my God, my window’s shattered,’” he told NBC10 Thursday. A photo he shared showed a large circular fracture in the glass.

City officials said earlier this week they didn't believe the incidents were connected to the derailment.

In SEPTA radio recordings, obtained by NBC10 Friday, police initially thought someone may have fired a gunshot at the regional rail train. That turned out not to be true, according to SEPTA Police.

A SEPTA spokeswoman said regional rail trains running through the same area have been hit by rocks, thrown by kids or vandals, in the past. They continue to investigate.

Sumwalt said investigators have retrieved video from the SEPTA regional rail train and were listening to radio communication recordings. The regional rail employees will be interviewed by the NTSB.



Photo Credit: NTSB
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Starbucks Worker Yells at Customers

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A New York City Starbucks employee has been fired after cellphone video showing her ranting at customers in a Queens store went viral shortly after being posted online. 

Customer Ruby Chen, the main target of the employee's tirade, complained about the interaction on Starbucks' Facebook page and posted the video, provided to her by another customer in the store who filmed the entire incident on Tuesday. 

She said she'd placed an order for a Frappuccino at the store on Broadway in Elmhurst, Queens, and was pulling up the Starbucks app on her phone to pay. The Starbucks employee asked her name for her order -- but Chen said she didn't hear her.

That's when the worker began shouting at her, Chen said. 

The worker yanked away the app scanner when Chen tried to pay, and then "told me to leave and never go back" to the store, Chen said. 

The worker then accused her of trying to steal the cookie straw she was holding. She asked a co-worker to call the police.

"You're talking to the manager," the worker told Chen when asked who the manager was. "Get out. You're not going to be served here. Period. Bye. Bye. Bye." 

The worker was a shift supervisor, not a manager, according to a spokeswoman for Starbucks.

The supervisor is heard telling Chen: "Give me the straw and leave. Or you can leave with the straw and not be allowed back in. Which one do you want to do? Because when I told you the price, you wanted to keep on arguing. So which one do you want to do? You're not going to be served here."

When other customers in the store began to speak in Chen's defense, the supervisor began yelling at them. 

"Excuse me, nobody's talking to you. Get out of here. Bye," the supervisor said. 

A spokeswoman for Starbucks told NBC 4 New York the employee was fired as soon as they learned of the incident. 

"This customer's experience is not reflective of the service our partners provide to customers every day," the spokeswoman said in a statement. "Our leadership team is reaching out to the customer to apologize and make this right." 

Chen confirmed that Starbucks reached out to her in a follow up comment on her Facebook video, saying that the district manager apologized and promised "the leadership team would do everything to prevent terrible customer service of this kind from happening ever again." 

Chen said she was offered a $100 gift card and assured that the company was taking her complaint seriously. 



Photo Credit: Getty Images
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Jack-Knifed Semi on I-15

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A jack-knifed semi blocking a highway ramp where southbound Interstate 15 meets State Route 78 has been removed.

It appears the truck and a Ford F-150 pickup truck collided on slick roads around 6:15 a.m. as the semi was heading southbound onto I-15 near Escondido.

A Sig Alert was issued for the area.

Two right lanes were blocked by the wreck.

The driver and passenger of the pickup truck suffered minor injuries.A Hazmat crew was on scene cleaning up some leaked fuel.

Escondido Fire and CalTrans crews were both on scene.

As of 9 a.m., the wreckage was cleared and all lanes were open.

May Storm: Rescues, Flooding and Lightning

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A second round of rain from a rare spring storm has swept into Southern California, along with heavy winds, snow in the mountains and the possibility of hail and lightning.

The National Weather Service says scattered thunderstorms are expected from San Diego north to Ventura County Friday.

San Diego could reach record rainfall for the month of May as the showers continue through this afternoon.

The National Weather Service reports 24-hour totals for areas like Lindbergh Field and Mission Valley were over an inch of rain from the first wave of the storm.

Snow has been reported on Palomar Mountain and Mount Laguna with three to seven inches possible for the highest elevations in San Diego's East County.

On Thursday night, several cars were trapped in rising water reaching approximately three feet deep on Midway Drive, according to San Diego Fire-Rescue spokesperson Joe Amador.

Six people and one dog had to be rescued from the flooded section of Rosecrans and Barnett.

In Mission Hills, street flooding got so deep at Reynard and Arroyo, the water moved cars parked on the street. In some areas the water level reached car windows.

Residents of several apartments were evacuated. In the morning, San Diego Police reopened the road and said they would monitor it throughout the day. 

It’s the second time this year they’ve experienced this type of flooding. In November, their cars were damaged by excess water.

In Pacific Beach, a large tree branch landed on the roof of a parked car below damaging the car. Trimmers arrived overnight and cleared the limb.

Near Escondido, a semi jack-knifed along southbound I-15 near State Route 78, causing delays for North County commuters.

County officials are reminding residents not to go swimming, surfing and diving in coastal waters for 72 hours following rain due to elevated bacterial levels from storm runoff. The warning is includes all coastal beaches and all of Mission Bay and San Diego Bay.

NBC 7 Meteorologist Jodi Kodesh said San Diego broke a 131-year record at Lindbergh Field last night. The area received 1.63" of rain. The old record, set in 1884 was 0.40."

Check back for updates. Download our free NBC 7 mobile app to stay up to date on the storm.

292 Birds Seized, Man and Wife Arrested for Cockfighting

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A husband and wife have been accused of organizing a cockfighting operation in Otay Mesa after county workers found and seized 292 birds.

San Diego County Animal Control officers found the hundreds of birds last month at Otay Auto Transport, where officials believe Martin and Ana Espinoza had a cockfighting operation.

The Espinozas were cited for eight counts of possession of game fowl with the intent to fight the birds. If convicted, they could face up to a year in jail and a $10,000 fine.

Officials said the Espinozas admitted to bringing in 20 birds from Perris for cockfighting in Mexico, but it wasn’t clear who owned the rest of the birds.

The roosters, hens and chicks were seized and placed in shelters in Bonita and Carlsbad.

Bred to be aggressive, they have attacked shelter staff and are not adoptable, officials said. Animal Services have requested permission from the court to euthanize them. A hearing on the matter is set for June 26.

Animal Control workers are still looking for the other owners.

Plane Stolen From Calif. Airport

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Investigators are looking for a pilot who is accused of stealing a private plane from his employer in Northern California.

Palo Alto police say they are trying to figure out where 24-year-old William McAdams was heading – and why – when he took off in the middle of the night last week from the Palo Alto Airport, where he worked as a flight instructor.

Palo Alto Police Sgt. Brian Philips says McAdams stole a Cessna leased by his employer, Advantage Aviation, and departed from the Palo Alto Airport in the middle of the night on May 8.

Radar last picked up the plane offshore near the Mexican border. According to authorities, radar indicated McAdams was heading southwest.

“We’re looking at a lot of electronic information we’re able to get from his cell phones, radar, data, anything that could give us an idea of what the motive might be,” Philips said.

Investigators say they don’t believe McAdams poses a risk to public safety.

To track down McAdams and the plane, police are teaming up with the Federal Aviation Administration, Coast Guard and Mexican authorities.

The plane is owned by a company based in Texas but leased by Advantage Aviation. No one with the company had comment on Friday.


Driver Accused of Killing Carlsbad Jogger Arrested

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The Oceanside man accused of vehicular manslaughter in a Carlsbad jogger’s death was taken into custody Friday, the day after a warrant was issued for his arrest.

Joseph Knight, 52, was at the Vista courthouse when Oceanside police officers recognized him and alerted a sheriff’s deputy. The deputy arrested Knight at about 5:30 p.m.

Investigators say on Dec. 28, 2014, Knight was driving the Ford Expedition that veered onto a sidewalk and hit Nicole Lynch, 51, who was jogging with her daughter. Lynch died from her injuries.

A police report says Knight told investigators he was distracted by his 3-year-old daughter in the back seat.

Despite an outstanding warrant for failing to appear in court and driving on a suspended license, Knight was not arrested after the crash.

A Carlsbad police lieutenant said it’s because the sheriff’s department does not allow them to book people into jail for certain misdemeanor warrants.

In February, Lynch’s family told NBC 7 they were angry no one had been taken into custody.

NBC 7 has reached out to the family to get their response to Knight’s arrest.

We have also called Knight to get his response to previous stories about this incident. He has not returned our calls.
 



Photo Credit: Carlsbad Police

Mexican Mother of U.S. Veteran Reunites With Family

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After a long fight with immigration services, the Mexican mother of an Air Force veteran has finally reunited with her family in San Diego.

On Friday, Rocio Lopez crossed into the United States as a legal resident. She is now able to live with her daughter and husband -- something she hasn't done for 15 years.

NBC 7 first reported on the hard-fought citizenship battle when Lopez's daughter and Air Force veteran Gabriela Poteet filed a petition to bring her home.

But Lopez encountered many delays and problems with her application.

“I saw it as something very impossible because I always, when I had [Poteet] here, I did everything legally,” said Lopez. “We paid for her and it was difficult that because of a document, we couldn't be by her side."

Lopez lived in Mexico much of her daughter's life. Gabriela said it was difficult not having her mother by her side when she joined the Air Force, went through basic training or graduated.

“It was very, very difficult,” said Lopez. “But my daughter would tell me we'll reunite one day."

Poteet’s father and mother have years to catch up on, and they were able to start Friday.

Poteet couldn't be there because she is studying abroad in South Korea. But her mother couldn’t wait to hear her daughter’s voice.

She called Poteet as soon as she reached the U.S. – both with tears in their voices.

Poteet plans to be back in the U.S. to reunite with her mother in January, after her program ends.
 

Amtrak Safety System Wasn't Ready

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The safety system that experts say could have prevented the devastating derailment of Amtrak Regional 188 is installed on the tracks the train was using, but an NBC10 investigation found it simply wasn't ready.

Positive Train Control, or PTC, monitors a train's location and speed using trackside ground monitors that wirelessly communicate with trains and can remotely slow or stop the locomotive if it is speeding or about to collide with another train. A federal mandate requires Amtrak, transit authorities like SEPTA, and freight rail operators to have the technology operational by the end of the year.

Following Tuesday night's deadly derailment when Amtrak 188 jumped off a curve at Frankford Junction in Port Richmond traveling 102 mph — more than twice the speed limit — Amtrak officials said PTC was turned on in some sections of the Northeast Corridor, but wasn't ready to go in that part of Philadelphia.

The crash of Amtrak 188 killed eight people and injured more than 200 others. Investigators from the National Transportation Safety Board said the derailment would not have happened had PTC been online.

PTC is installed at the curve, but isn’t ready for operation, the NBC10 Investigators have learned.

U.S. Rep. Charlie Dent (R-Pa.), who sits on the House Appropriations Committee, said Amtrak officials explained the system was installed, but blamed the Federal Communications Commission for delaying its activation.

"We know the system was not turned on. The question is why was it not turned on. Today, I don’t know that answer," the congressman said.

Since the PTC system communicates wirelessly, the FCC must approve the frequencies over which the data is transmitted. Amtrak also spent years negotiating the purchase of the spectrum with private companies. Something the rail operator says held up the process.

In early March, Amtrak applied to use the frequencies on rails running between New York City and Washington, D.C. and from Philadelphia to Harrisburg, documents obtained by the NBC10 Investigators showed.

Despite being blamed for a delay, an FCC official said the agency approved the application within two days of it being finalized.

“At this moment, I’ll certainly take the FCC at their word that they did what they said they did," Dent said.

Amtrak spokesman Craig Schulz told NBC10 Friday afternoon the PTC system has been undergoing testing all along the Northeast Corridor — including through Philadelphia.

“We are very, very close to full implementation,” Schulz said. “It’s not flipping a switch.”



Photo Credit: AP

Teacher Posted Ad Seeking Students

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A Bronx high school history teacher faces attempted rape and other charges after he allegedly arranged to meet up with a girl he thought was 14 years old for sex in New York, prosecutors said.

Dreamyard Preparatory High School teacher Jonathan Blum, 27, was arrested Thursday after he allegedly tried to meet up with the girl he had been communicating with online; the "girl" was an undercover officer.

Prosecutors say Blum, also a basketball coach in Queens, allegedly posted an ad on Craiglist looking for a young teen, student or other young girl who would be "interested in messing around with a licensed real teacher."

An NYPD vice detective acting in an undercover capacity responded to the ad, pretending to be a 14-year-old girl from Queens. Soon thereafter, Blum allegedly initiated an email and text message exchange with the person he believed to be a 14-year-old girl; he sent multiple sexually explicit messages over the last month before setting up a meeting, according to court documents.

Blum was reassigned from the school, where he has been teaching since April 2011, authorities said. He has no disciplinary history with the Department of Education.

The DOE said Blum would not be in contact with any students pending the resolution of the case.

"While this alleged behavior is not school-related, it is incredibly disturbing," DOE spokeswoman Devora Kaye said in a statement.

Prosecutors say Blum used the email address JESS_DELIA@yahoo.com and ask that anyone who may have communicated with that address contact authorities.

Blum was being held pending an arraignment Friday. He faces up to four years in prison if convicted of the charges and would be required to register as a sex offender. Attorney information wasn't available.

"This case underscores the crucial importance of Internet surveillance initiative by law enforcement to protect children from sexual predators and should serve as a warning to parents to closely monitor their children’s Internet access and activities," Queens District Attorney Richard Brown said in a statement. "Despite numerous publicized arrests for exactly this type of alleged behavior, sexual predators continue to be relentless in searching the Internet for victims. Do not let your child become one of them." 

"Flash Fights" Results in Injuries

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It’s a social media trend that many people say is escalating in violence: "flash fights," in which young people stage real fights for the sake of posting on social media sites.

NBC Bay Area’s Robert Handa spoke exclusively with one East Bay family in Califronia trying to cope with not only the physical and emotional damage inflicted on their child, but also the frustration of feeling they have no recourse to resolve it. In a “flash fight” video posted recently to social media, children can be heard talking about a fight that is about to happen. Then a 14-year-old boy is sucker punched. He fights back in the video. But his mother, Celia, said the sneak punch damaged her son’s left eye.

Celia said school officials at first called her son a willing participant. Ironically, it was only after the video was posted that she says the school took action.

“He doesn’t want to go back. That’s his main concern,” Celia said. “He doesn’t want to go back because he doesn’t feel safe.”

Celia says the school did get the post removed, but that the damage is done.

“Whoever had access to this video before it was removed from social media sites still could go ahead and circulate it,” she said.

Santa Clara County Supervisor Cindy Chavez says “flash fights” concern many groups, including the mayor’s gang task force and the public health department, which has just launched a program to reach out to parents and children through social media.

“This is beyond cyber-bullying,” Chavez said. “This is an exploitation and it’s cyber-violence.”

Celia said she hopes children behind flash fights will listen.

“Why do you glorify this?" she said. "What do you get out of going and staging it and putting it out there just for the hell of gaining some popularity? It’s not worth it."

Celia said her family received an apology from the school, which we are not identifying to protect her son’s identity. Celia said she is grateful to the school for apologizing, but she still isn’t sure how the situation will be resolved since her son is still trying to recover physically and emotionally.

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