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Man Wins $500K After Phone Records Doctors Mocking Him

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A Vienna, Virginia, man was awarded $500,000 after he unintentionally recorded his doctors mocking and insulting him while he was under anesthesia.

The plaintiff, who chose to remain anonymous, sued anesthesiologist Dr. Tiffany Ingham and three other medical professionals, who were released from the case. Ingham, 42, and her practice were ordered by a Reston, Virginia, jury to pay the plaintiff, The Washington Post reported.

The plaintiff used his phone to record post-procedure advice and aftercare instructions from his doctors during the April 2013 colonoscopy procedure.

While checking his phone on his way home, the plaintiff found he had recorded the entire examination and heard his doctors insulting him when he was under anesthesia.

Ingham was recorded mocking the amount of medicine needed to anesthetize the plaintiff.

"After five minutes of talking to you in pre-op, I wanted to punch you in the face and man you up a little bit," Ingham is heard saying.

Ingham and others mocked the plaintiff for taking many medications. One of the plaintiff’s medications, Gabapentin, was prescribed to treat an irritation in his genital area. A medical assistant touched the man's genitals and commented she might have contracted a sexually transmitted infection.

Ingham is recorded saying the medical assistant might get "some syphilis on your arm or something," then added, "It's probably tuberculosis in the penis, so you’ll be all right."

The genital area is typically not involved in a colonoscopy.

Ingham signed a post-operative note indicating the plaintiff had hemorrhoids. According to the lawsuit, Ingham stated she planned to note hemorrhoids even though she found none.

The plaintiff claimed he experienced mental anguish, lack of focus and anxiety after the incident. He said has had to see other healthcare professionals and be placed on anti-anxiety medications.

The plaintiff sued for defamation, intentional and negligent infliction of emotional distress, violation of Virginia health codes and medical malpractice. The Washington Post reported the jury awarded the man $100,000 for defamation and $200,000 for medical malpractice, as well as the $200,000 in punitive damages.

Ingham had worked out of the Aisthesis anesthesia practice. An Aisthesis employee told The Associated Press Ingham no longer works there.



Photo Credit: Getty Images

Storm Rips Off Mall Exterior, Flips Car in NJ

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A car was flipped and pieces of the Deptford Mall's exterior were ripped off as a violent storm, described by witnesses as a tornado, sprinted across South Jersey Tuesday night.

"It was going a circular motion and it was coming straight towards us and that's when everything started happening," witness Blake Clemmer said.

A blue coupe was left on its windshield in the parking lot outside Macy's. Shoppers tell NBC10 they were ushered into the department store's basement to ride out the storm. There were no reports of injuries.

"It sounded like a freight train was coming down the road and lights flickered a few times and then just darkness," Max Baumle, another witness, said.

Debris broke the windows of several other vehicles parked outside the mall located along Clements Bridge Road in Deptford, New Jersey.

The mall suffered significant damage as well. Sheet metal wall panels near a mall entrance were left crumpled on the ground outside. Yellow fiberglass insulation panels dotted the parking lot and were left stuck under cars.

On the mall's roof, solar panels were peeled back like a band-aid.

Deptford Mall officials said the mall will be open for normal business hours Wednesday.

A Friendly's restaurant down the road from the mall had part of its roof pulled off.

The National Weather Service will decide Wednesday whether to travel to Deptford to investigate whether a tornado caused the damage. Winds were clocked at more than 70 mph at the height of the storm.



Photo Credit: William Corbett

Padres Play Extra Innings to Knock Out Giants

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Madison Bumgarner struck out Padres left and right on Tuesday, but the Friars got the last laugh with a 3-2 win in 11 innings.

The San Francisco Giants ace fanned 14 in 7 1/3 innings of work, but allowed a game-tying double before exiting to a 2-2 game.

Alexi Amarista won the game with an infield single in the 11th.

The Padres struck out 18 times in the game, including four each by Derek Norris and Justin Upton. Matt Kemp had three Ks.

Padres manager Pat Murphy was ejected in the eighth inning after Clint Barmes was called out on a check swing. Two pitches later, Will Venable tied the game with a two-run double.

Padres starter Odrisamer Despaigne allowed just two runs but was only able to go five innings. His misplayed ball in the fifth inning led to the first Giants run.

The two teams play again Wednesday night in San Francisco.



Photo Credit: Getty Images

Driver Loses Control, Crashes Into Pole

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Surveillance video captures a driver losing control and then crashing into a telephone pole in a Lakeside neighborhood. NBC 7's Elena Gomez reports.

'Gifted' Test Changes Coming to SDUSD Students

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Students testing for entrance into the ‘Gifted and Talented Education’ program at San Diego Unified Schools will soon see changes to what qualifies them to enter the program.

The SDUSD approved an overhaul of the long-used Raven Progressive Matrices program, a nonverbal, untimed multiple choice test, at their board meeting Tuesday night.

The district will now begin to transition to the Cognitive Abilities Test (CogAT), which will alter the way students are selected as ‘gifted’. School officials will use the results from that test and take other factors, such as teacher and parent input as well as economic challenges and transiency.

At the meeting Tuesday night, officials said though the program will start to be implemented in the coming school year, the biggest change will happen the second year when the program begins to take shape.

The changes will more accurately decide which students are eligible to receive the special instruction in the ‘gifted’ program, which places students into special “seminar” classes taught by specialized instructors, school officials said.

“We do know that the current method we are using is compromised,” said Superintendent Cindy Martin.

Under the new testing system, officials at the meeting said the practical impact would likely mean fewer students entering the program.

The aim of implementing a new testing system is to be more accurate, Martin said, and not worry about having fewer students there.

Board Vice President John Lee Evans said during the meeting that as the program stood, third through fifth grade students scoring in the 99th percentile were placed in the seminar classes. Evans said roughly 10 to 20 times more students were in the program than should be expected. The same applied to the cluster classes, where 10 to 20 times more students were in the classes than should be.

He said he had seen cases where a student qualifies for a seminar class but would not perform well in the class because getting into the class is based on having particular skills and not being a high achiever.

“It’s a question of how do we measure those particular skills,” Evans said, adding that the program needs to be evaluated in the coming years.

SDUSD second graders will still be tested for the gifted programs, but the district plans to revise the rules for transfer students, mobile military students and others.

The money for the program will come from this fiscal year’s budget, Martin said.

The board said they will reexamine the program in one year’s time.

Whole Foods Overcharging: NYC

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An investigation by the Department of Consumer Affairs has found that Whole Food's New York City stores have been overstating the weights of pre-packaged products — including meats, dairy and baked goods — resulting in customers being overcharged, the agency said Wednesday.

The department said it will expand its investigation into the chain to examine the extent of its overcharging for pre-packaged foods, based on its initial findings.

The DCA tested 80 different pre-packaged products and found that all of them had mislabeled weights. On top of that, 89 percent of the packages tested didn't meet the federal standard for the maximum amount that an individual package can deviate from its actual weight, as set by the U.S. Department of Commerce. The overcharges ranged from $0.80 for a package of pecan panko to nearly $15 more for a package of coconut shrimp.

“Our inspectors tell me this is the worst case of mislabeling they have seen in their careers," DCA Commissioner Julie Menin said.

The findings point to a "systematic problem" with how the product packages at Whole Foods are weighed and labeled, the agency said. It said packages are routinely not weighed or are inaccurately weighed. Some items had all been labeled with the same weight, despite the fact that it would be practically impossible for the individual packages of the items to weigh the same amount. These products included nuts, berries, vegetables and seafood. In some cases, the labeling issue was found with the same exact products at multiple stores throughout NYC.

In one case, the DCA inspected eight packages of vegetable platters that were priced at $20 per package. They found that customers who purchased the platters were overcharged $2.50 on average. Whole Foods made a $20 profit on the eight packages, the DCA said.

In another case, the DCA inspected eight packages of chicken tenders, which were priced at $9.99 per pound. Consumers would have been overcharged $4.13 on average -- a profit of $33.04 for Whole Foods for those eight packages. One package was overpriced by $4.85, the DCA said.

A third inspection of four packages of berries, priced at $8.58 per package, found that customers would have been overcharged by $1.15 on average. That's a $4.60 profit for the four packages. One package was overpriced by $1.84, the DCA said.

“It is unacceptable that New Yorkers shopping for a summer BBQ or who grab something to eat from the self-service aisles at New York City’s Whole Foods stores have a good chance of being overcharged,” Menin said. "As a large chain grocery store, Whole Foods has the money and resources to ensure greater accuracy and to correct what appears to be a widespread problem."

The DCA regularly inspects all of the city’s supermarkets for scanner and scale accuracy, pricing, and charging tax on non-taxable items. It began its inspections of Whole Foods' weighing and labeling practices last fall. It revisited several stores in the winter and found that the products continued to be mislabeled. The expanded investigation announced by the agency will further evaluate the company's compliance with city and state laws.

In a statement to NBC New York, Whole Foods spokesman Michael Sinatra said, "We disagree with the DCA's overreaching allegations." He said Whole Foods cooperated fully with the department until it made "grossly excessive monetary demands" to settle the dispute.

"Despite our requests to the DCA, they have not provided evidence to back up their demands nor have they requested any additional information from us, but instead have taken this to the media to coerce us," Sinatra said. "Our customers are our number one stakeholder and we highly value their trust in us."

Sinatra said it has always been Whole Foods' policy to fully refund any items found to have been incorrectly weighed or priced, and that the company "has never intentionally used deceptive practices to incorrectly charge customers."

The fine for falsely labeling a package is as much as $950 for the first violation and up to $1,700 for a subsequent violation, according to the DCA. The potential number of violations that Whole Foods faces for all pre-packaged goods in the NYC stores is in the thousands.

An investigation in California, which began in 2012, also found pricing irregularities in the state's Whole Foods stores. A civil consumer protection case on behalf of Californians was brought by city attorneys for Santa Monica, Los Angeles and San Diego. The case resulted in Whole Foods paying close to $800,000 in penalties. The company also began a stringent in-house pricing accuracy effort, which included a statewide compliance coordinator and random audits.

There are nine Whole Foods stores in New York City and the company reportedly plans to open a new location in Harlem. It also recently announced plans to open a lower-priced chain of stores called 365 by Whole Foods Market, which it says will offer "a simple way to shop for healthy, high-quality food at great prices."



Photo Credit: Getty Images

Pot Shop Owner Admits to Forging Doc's Signature

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A former doctor's guilty plea in federal court Wednesday will lead to the closure of six medical marijuana clinics across San Diego County.

Defendant Nelson Leone, 72, of San Diego, pleaded guilty to identity theft for issuing forged recommendations under another doctor's name.

As a result, six medical marijuana clinics he owned in San Diego, Poway and El Cajon known as "Green Cross Evaluations" will close.

The former physician had his medical certificate revoked in 1995.

He employed Dr. Arnold Kaplan, a licensed physician, at one of his clinics to meet with customers and issue medical marijuana recommendations.

The other five clinics did not have a licensed medical doctor.

Without Kaplan's knowledge, Leone also issued medical marijuana recommendations at his five other clinics using Kaplan's signature and physician license number.

Leone had no comment when approached by NBC 7 after the hearing.

He faces a maximum of five years behind bars and is due back in court on September 14.

"We have basically just plain drug dealing behind glass doors,” said Scott Chipman with Citizens Against Legalizing Marijuana.

Chipman attended the hearing Wednesday and described the medical marijuana industry as “lawless” not “medical.”



Photo Credit: Getty Images

Daycare License Linked to Charged Man Suspended

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A daycare facility owned by the wife of a man accused of having sexually explicit photos of young children on his cellphone, many of them clients at a day care operated by his wife, will have to close its doors.

Late Tuesday, the California Department of Social Services (DSS) suspended the license for Kid’s Castle Day Care on Matinal Road in Rancho Bernardo for “failing to provide a safe environment,” according to the formal complaint. 

The order states that Abdullah Sediqi “touched a child in care’s genital area with his hand, and took photographs of this act while at the facility; took photographs of at least four children in care’s vaginal areas while at the facility; took photographs under the skirt of children in care while at the facility.”

It also states that Katrien Sediqi failed to report her husband’s arrest for “child pornography and lewd and lascivious conduct.” Read the full complaint here. 

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According to Michael Weston of DSS, the order is also seeking to revoke the licensing of the facility and also prohibits Katrien Sediqi, Abdullah Sediqi and Roin Sediqi from employment in, presence in, and contact with clients of, any facility licensed by the Department for the remainder of their lives.

All three can appeal this order and request a hearing before an administrative law judge.

DSS also gave NBC 7 Investigates the licensing records for the facility, which you can read by clicking here. 

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In November 2013, a pre-licensing visit determined that all adults living in the home passed their criminal background checks.

In August 2014, DSS gave the facility 4 minor citations, which were corrected by the end of that month. Read the full story here. 

Abdullah Sediqi was arrested on June 13 in Escondido for allegedly attempting to take up-skirt photos of women. He posted bail and was released from custody.

As part of the investigation, police said Abdullah Sediqi's cellphone was found to contain more than 6,000 photographs, including some "very graphic and disturbing" images of children.

Abdullah Sediqi was arrested again on June 16. He pleaded not guilty to 13 charges, including lewd and lascivious acts with a child under 14 and lewd disorderly conduct.

Relative Roin was also named in the complaint because of allegations he had 14 grams of cocaine in his possession and it was accessible to children at the daycare.

At Abdullah's arraignment Friday, where a judge set bail at $3 million, initial details of the alleged crimes emerged.

Abdullah pleaded not guilty to 13 charges, including lewd and lascivious acts with a child under 14 and lewd disorderly conduct. Graphic details of the crimes he's accused of were revealed at his arraignment.

"A third victim, he was laying on his bare chest in clearly what is his bedroom, and clearly at one point, he is kissing her," said Deputy District Attorney Claudia Grasso. "A fourth victim, again he has her posed with her little shirt over her head and the camera is focusing on her chest and abdomen."

Nine of the 13 counts against the suspect are felonies, including charges of child abuse, child molestation and manufacturing pornography. 

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U.S. Extremist Attacks Far More Common Than Jihadi Terrorism

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Almost twice as many people in the United States have been killed in terrorist attacks by individuals aligned with white supremacy and anti-government ideologies than by Muslim extremists since the Sept. 11 attacks, data compiled by one Washington-based research group suggests. 

Data analyzed by New America revealed that 48 people have been killed in "lethal terrorist incidents" in the U.S. committed by non-Muslims since September 2001, compared to the 26 who were killed by attackers who self-identified as jihadist. The ongoing analysis, which the center has been compiling since 2011, made headlines Wednesday after the New York Times cited the findings in a report on the threat of U.S.-born radicalism in the wake of last week's deadly shooting at a South Carolina church. 

Non-Muslims have carried out 19 deadly attacks since 9/11. Attackers identified as jihadists by the researchers launched seven in the same period.

Given the subjectivity of labeling cases as terrorism and weighing those incidents without clear motive, the researchers excluded several infamous attacks, including the mass killings at Sandy Hook Elementary School, the movie theater massacre in Aurora, Colorado, and even the fatal shooting by a white man of his three Muslim neighbors in Chapel Hill, North Carolina. The shooter in that case was said to be motivated by a parking dispute. 

In its list of deadly jihadist attacks, researchers included incidents of ideological murder committed by non-Muslims that received short-lived national media attention, including the 2012 neo-Nazi murder spree at a Sikh temple in Wisconsin and the 2014 rampage by antigovernment and neo-Nazi couple Jerad and Amanda Miller, who killed two police officers and a third person in a Las Vegas Walmart.
 



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State Bar Failed to Protect Public from Bad Lawyers: Audit

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The state agency charged with regulating California lawyers put the public at risk by rushing to eliminate a growing pile of misconduct cases, a new audit found.

Between 2009 and 2014, The State Bar of California failed to protect residents from bad lawyers by letting lawyers off with punishment less severe than they should have received, State Auditor Elaine Howle concluded in her June 2015 report.

The California State Bar regulates approximately 250,000 licensed lawyers.

In 2010 and 2011, the agency worked to minimize the more than 5,000 backlogged cases it had. That number shrunk by 66 percent by the end of that year, but the audit called the discipline “inadequate.” 

The Supreme Court of California sent 27 resolved cases in 2011 back to the Bar to reexamine, according to the audit. When the Bar looked at those cases again, 21 of the 27 cases ended up with harsher punishment, including five disbarments.

In moving to reduce the backlog, the bar “allowed attorneys whom it might have disciplined more severely – or even disbarred – to continue practicing law,” according to the audit.

In the report Howle criticized the organization for frivolous spending, saying it spent $76.6 million to buy a new Los Angeles building instead of using the funds to help alleviate the backlog of pending cases. Additionally, in a presentation to the Legislature, the audit said, the State Bar underestimated how much it would cost to fund the structure by more than $50 million.

In 2010 and 2011, the Bar settled 1,569 cases with 1,258 attorneys, according to the audit. After people filed new complaints following the settlements, 131 of those 1,258 attorneys were disciplined and 28 were disbarred.

“The chief trial counsel agreed that the State Bar’s volume and speed in processing the backlog in 2011 negatively affected the quality of its case settlements,” according to the audit.



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Reaction to Tsarnaev's Apology

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Two Boston Marathon bombing survivors said they did not feel convicted bomber Dzhokhar Tsarnaev's apology in court on Wednesday was genuine.

"He said he was remorseful," survivor Scott Weisberg said after Judge George O'Toole Jr. formally sentenced Tsarnaev to death. "I find that hard to believe since I've come to a lot of the trial and never really saw that at all from him. It really does not change anything for me. I think he spoke because people were sort of expecting that of him. I don't think he was genuine."

"A simple, believable apology would've been great," added bombing survivor Lynn Julian. "There was nothing simple that he said and nothing sincere."

Survivor Henry Borgard, however, said he wants to believe that Tsarnaev's apology was sincere.

"I was actually really happy that he made the statement," Borgard said. "I have forgiven him. I have come to a place of peace and I genuinely hope that he does as well. For me to hear him say that he's sorry, that is enough for me. And I hope - because I still do have faith in humanity, including him - I hope that his words were genuine, I hope they were heartfelt. I'm going to take it on faith that what he said was genuine.

"I was really profoundly affected, really deeply moved that he did do that. His statement, like ours, takes courage."

In May, the jury condemned Tsarnaev to die for setting off the two pressure-cooker bombs near the finish line with his older brother, Tamerlan. Tsarnaev was also found guilty in the shooting death of an MIT police officer.

U.S. Attorney Carmen Ortiz was also asked for her opinion on Tsarnaev's statement, and said what struck her was what the convicted bomber didn't say.

"He didn't renounce terrorism, he didn't renounce violent extremism," she said.

"He did this for political reasons," added Assistant U.S. Attorney William Weinreb, the lead prosecutor in the case.

Ortiz also spoke of the strength, courage and resiliency shown by the survivors of the bombing.

"In the courtroom today, I felt proud not just to be a Bostonian, but also to be an American," she said. 

Vincent Lisi, the FBI's special agent in charge, echoed those sentiments.

"I hope today's proceedings can serve as a milestone as they continue their healing process," he said.

A bouquet of yellow flowers, a symbol of "Boston Strong," adorned the Boston Marathon finish line Wednesday after the sentencing. Necn asked those at the finish line for their reaction.

"It's not good enough. He should be punished for what he did," said Steve Maloney of Randolph.

"I would say he deserves to burn in hell," said another passerby.

"I think he should have apologized long ago, and right now it's too late to apologize, the harm's been done," added Boston resident Zeenat Iqbal.

One thing is for certain, though, people who pass by the finish line say the pain of what happened here will always be remembered.

They say Boston is a resilient city, one that looks forward to the future, but remembers the lives lost in the bombings.



Photo Credit: necn

Caught on Video: Biker Collides Head-On With Truck

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A biker's GoPro camera captured a dramatic head-on crash into a fire department vehicle in the mountains northeast of Los Angeles.

Jesse Lopez suffered broken bones after he collided April 1 with the Los Angeles County Fire Department crew transport bus on Glendora Ridge Road, a popular route through Angeles National Forest. The video posted to YouTube earlier this month showed Lopez's view as he followed a friend around a blind corner and drifted across the unmarked road into the path of the oncoming truck.

"I don't remember what happened due to memory loss, but I might have panicked when I saw the truck," Lopez told NBC News. "So I applied the front brake, which straightened me out and I went straight toward the truck, which was also moving probably about 35 mph."

The camera showed the violent head-on impact and continued to record as Lopez was thrown from the motorcycle. Voices of emergency medical personnel and Lopez's friend can be heard in the background as he remained motionless on the ground.

County fire department personnel, who had been clearing brush in the area, immediately stopped to provide aid after the crash before the victim was airlifted to a hospital, said LA County Fire Inspector Chris Reade. A friend grabbed the GoPro camera, which showed debris scattered across the road, Lopez's motorcycle on its side and the damaged fire vehicle.

Lopez survived, suffering a broken femur, tibia, fibula, ulna and humerus at the elbow. The truck's driver was not injured.

Unlike a car, applying the brakes while turning a motorcycle can cause the operator to lose control, according to the Motorcycle Safety Foundation. Instead, the MSF advises motorcyclists to slow down before entering a curve, and to straighten the bike upright before applying the brakes.



Photo Credit: Jesse Lopez

Lake Mead Dips to New Record Low

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Federal water managers let the closely watched and regulated surface level at Lake Mead go to a new record low overnight, before guiding it back above a crucial drought shortage trigger point.

U.S. Bureau of Reclamation spokeswoman Rose Davis said Wednesday a record low water level of 1,074.98 feet above sea level was reached a little before midnight Tuesday.

The level increased to 1,075.05 feet by 7 a.m.

Davis says several more drops below 1,075 feet are expected in coming weeks, but the lake level will rise by the end of the year to about 1,081 feet.

That's 6 feet above the trigger point that would require a percentage cut in water supplies to Arizona and Nevada.

The reservoir behind Hoover Dam is currently about 37 percent of capacity.



Photo Credit: AP

Wake for Slain Charleston Pastor Set for Thursday

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Charleston’s Emanuel African Methodist Episcopal Church will hold a wake Thursday for slain pastor Clementa Pinckney, a reverend and state senator who was killed, along with eight others, in the massacre at the historic church last week.

The wake will be held from 6 p.m. to 8 p.m., the church announced in a statement Wednesday.

Hundreds of worshipers crowded into the pews of Mother Emanuel, as the church is known, on Sunday to mourn Pickney and the eight other victims of the shooting at Bible study last week.

"It has been tough. It has been rough," said the Rev. Dr. Norvel Goff, a church elder who delivered Sunday's sermon. "But through it all, God has sustained us and has encouraged us. Let us not grow weary in well doing."

A lion of South Carolina government and a beloved figure in the Charleston community, Pinckney was a precocious public servant. He was ordained a minister at 18 and elected to the state House at 23, making him the youngest member of the House at the time.

"He never had anything bad to say about anybody, even when I thought he should," State House Minority leader Todd Rutherford told The Associated Press. "He was always out doing work either for his parishioners or his constituents. He touched everybody."

Vice President Joe Biden called Pinckney "a good man, a man of faith, a man of service who carried forward Mother Emaunel's legacy as a sacred place promoting freedom, equality, and justice for all."

Dylann Roof, a 21-year-old white man, has been charged with nine counts of murder in the church massacre. Authorities called the shooting a "hate crime." A website that may be linked with Roof featured white-supremacist rantings and pictures of Roof wearing white-supremacist iconography.



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Former Addict, Now Nursing School Graduate, Pays It Forward

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At just 24 years old, Eric Seitz was dying. He had been rushed to Harborview Medical Center, suffering from opiate withdrawal, as well as from the flesh-eating bacteria that were rapidly consuming his leg. The bacteria had come from the infected needles Seitz used for his heroin injections.

 

Six years later, Seitz has just graduated as class president from the University of Washington School of Nursing in Seattle. He's been clean ever since that fateful day, and now, he wants to care for others the way the nurses at Harborview had done for him over half a decade ago. And his leg was able to be saved, too.

 

Seitz doesn't have a job lined up yet, but he is hopeful he will start receiving offers very soon. He wants to pursue community nursing and work with the homeless.

 

"Somebody asked me, why do I want to do this?" Seitz said. "It's because I want to show them they have community."



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Tsarnaev to Be Put to Death in Ind.

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Convicted Boston Marathon bomber Dzhokhar Tsarnaev, sentenced to death Wednesday for the 2013 attack, will spend at least a portion of his remaining days at a federal prison in Terre Haute, Indiana.

The medium security federal correctional institution currently holds more than 1,300 inmates, according to its Federal Bureau of Prisons website. Executions there are conducted by lethal injection.

Judy Clarke, Tsarnaev's lead defense requested on Wednesday that the execution be carried out in New Hampshire, but U.S. District Court Judge George O'Toole Jr. ruled that out and ordered Tsarnaev to be put to death in Terre Haute.

It wasn't immediately known Wednesday when Tsarnaev would be transferred to the facility, and his execution will no doubt be delayed several years by appeals. 

"I would like to now apologize to the victims, to the survivors," Tsarnaev said shortly before the judge formally sentenced him. "I am sorry for the lives that I've taken, the suffering that I've caused and the damage that I've done, irreparable damage."

He asked for Allah's mercy for those who died and those he injured and for him and his brother.

A federal jury in May condemned Tsarnaev to die for bombing the 2013 marathon with his brother, Tamerlan. Three people were killed and more than 260 were injured when the brothers detonated two pressure-cooker bombs near the finish line.

There have been only three federal executions since 1988, when a moratorium was lifted. The last execution at FCI Terre Haute was of Gulf War veteran Louis Jones Jr. who was convicted in the 1995 kidnapping, murder and rape of 19-year-old Army recruit Pvt. Tracie Joy McBride.

Timothy McVeigh, convicted in the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, was put to death  at the Terre Haute penitentiary in 2001.

Former Illinois Gov. George Ryan spent nearly six years at the Terre Haute facility on a corruption conviction. 



Photo Credit: Tim Boyle, Getty Images

Woman Killed in Fiery I-5 Crash

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A woman died Wednesday in a fiery crash involving at least four cars on northbound Interstate 5 approaching Via de la Valle.

The California Highway Patrol issued a SigAlert for traffic heading northbound around 5 a.m.

All northbound lanes were blocked except the carpool lane for hours. The lanes were cleared of the wreckage and reopened just before 8 a.m.

CHP officers say a woman driving a Nissan Sentra was stopped in the fast lane when a silver Honda Accord crashed into the Sentra, killing her.

The man driving the Accord suffered minor to moderate injuries, officers said.

A white Honda Accord appeared to side swipe the silver Accord.

San Diego Fire-Rescue officials identified the driver killed as an 85-year-old La Mesa woman. No details were given on why the Sentra was stopped on I-5 before the crash.

Wrestling "Stat Girls" Accuse Coach of Sexual Harassment

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The Fallbrook Union High School District is investigating a sexual harassment claim against two wrestling coaches accused of making the team’s female statisticians compete against each other by doing degrading chores.

The girls’ mothers want the coaches fired, but many other parents support the coaches calling the accusations part of a “witch hunt” without fact or merit.

At Fallbrook High School, the statisticians are known as “stat girls.” The term refers to the position filled by female students who keep score during matches and file results.

Sophmores Angelica Magallanes and Catrina Bamber claim Fallbrook’s new 21-year-old varsity coach made them do laundry and fill up his soda cup to earn the title of “top stat girl.”

“Clean up his clothes, clean up the boys’ bandages on the floor,” said Magallanes.

“It made me feel not so great, felt like I really wasn’t there to do stats, was there to keep up after them and do stuff for them,” said Bamber.

The girls’ moms say they took their concerns about the varsity coach to the head coach, but didn’t receive any help.

They filed a formal sexual harassment claim with the district in May including allegations of inappropriate comments.

“He was saying how he has checked out the other stat girls before,” said Bamber.

In a statement from Fallbrook Union High School District Assistant Superintendent Jose Iniguez, NBC 7 received this response:

“Our District actively investigates all allegations of inappropriate behavior including those pertaining to “sexual harassment” or “inappropriate behavior/oversight.” The health and safety of students and staff is of paramount concern. However, you ask a question that pertains to confidential information regarding both students and adults. A breach of confidentiality is a violation of District policy and/or state or federal regulatory requirements and may result in denial of due process to an individual. As a result, we are unable to comment regarding allegations you raise in your email.”

Fallbrook Wrestling Association President Gary Backe called the accusations a ploy.

“I’ve been with the coaches all year long and I’ve seen nothing to warrant this accusation” said Backe.

He says the moms wanted another coach hired and started raising concerns before the season started.

“The other stat girls have told me these allegations are false. From the conversations I’ve had with them, they say these are lies, these situations didn’t happen” said Backe.

Several parents of wrestlers and stat girls at Fallbrook High School emailed NBC 7 with praise for the coaches and a group of nearly two dozen kids and adults showed up at the campus Tuesday night as a show of support for the coaches.

“I think they’re looking for something to stick. I would say at this point their agenda is a problem. I think the tactics are despicable and hopefully in the end, that’ll come out,” said Tim Oder, a retired teacher and football coach at Fallbrook HS.

The girls’ mothers told NBC 7 they realize they’re out numbered, but feel they owe it to their daughters to speak out about what they consider blatant sexual harassment.

“Just because it affected some girls and not others doesn’t mean it didn’t take place” said Lora Torres Bamber.

An interview with district officials and the two students is set for the middle of July.

Both sides blame the other for stalling and dragging the investigation past the school year into the summer.



Photo Credit: NBC 7
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"I Thought I Had 5 Minutes to Live": Road Rage Victim

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A San Diego man shot in the chest last week during what investigators are calling a road rage incident spoke exclusively to NBC 7 about the the bullet that went through his chest, narrowly missing his heart, lungs, bones and major arteries.

"The moment I saw the impact, I thought I had five minutes to live because I thought my heart was gone and my lungs were punctured," said Jonathan Golding. 

Golding says he got off work and was driving slower than moving traffic on the right-hand lane of Intersate 8 because his car was getting restored and could not operate faster.

"He was going around 90 miles per hour when he caught up to me and starts tailgating me on the low speed lane," Golding said. "He decided to stay behind me the whole time, all the way to the [Interstate] 5."

Golding said he started gesturing at the driver in the white sedan, asking, "what are you doing?" That's when the victim said the suspect passed him, stopping in front of his car and break-checking him, down to about 30 miles per hour on the I-5 North near Sea World Drive.

"Again, I waved my hands asking what he was doing and that's when he shot me through the window," Golding said. 

The California Highway Patrol said the freeway shooting happened around 11 p.m. when a suspect fired shots at a victim driving along the 5. 

Upon impact, when Golding looked down, he said he thought the bullet destroyed his heart and lungs. He was able to pull over and call 911 as the suspect's car drove away. 

"It missed my vitals by millimeters...the bullet...it missed my heart, my arteries, my lungs, missed my bones," Golding said as he showed NBC7 the point of impact. 

The CHP said no arrests have been made, and described the incident as a "road rage altercation."

The suspect is described as a dark skinned man, 20 to 30 years old, with short hair driving what the victim and a witness describe as a newer model white sedan, similar to eith a Scion TC or a 2010 Hyundai Genesis according to the victim. A female passenger was with the suspect in the car. 

Anyone who may have witnessed the incident with these two vehicles is being asked to contact CHP Investigator B. Clinkscales at (619) 220-5492.

It has only been a week since the shooting, but Golding is able to walk, move his arm, and even drive. 

"People in the hospital cannot believe it, that I'm standing right now," he said. 

Caught on Cam: Car Crashes Into Utility Pole

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A woman could face charges of driving while intoxicated after crashing her car into a utility pole overnight in Lakeside. The entire crash was captured on surveillance camera.

In the video, a vehicle can be seen driving along Winter Gardens Boulevard north of Pepper Drive. The car crashes directly into a pole just before 12:30 a.m. Wednesday.

Witnesses said the woman behind the wheel got out of the wreckage and then ran to a house nearby with her dog.

A person who lives in the neighborhood called 911.

Emergency personnel took the driver to Alvarado Hospital. Officials say she suffered minor injuries.

Crews with San Diego Gas & Electric repaired the lines.

Animal Control employees took custody of the dog.
 

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