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Walker: Trump 'Needs to Apologize' for McCain Comments

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Wisconsin Gov. and Republican presidential candidate Scott Walker said Donald Trump "needs to apologize" for his comments questioning whether Sen. John McCain is a war hero. 

Walker, who tried to ignore Trump's inflammatory rhetoric by leaning on the old "Reagan commandment" that discourages attacks against fellow Republicans, also had a message for the real-estate mogul's supporters.

"At a minimum, he needs to apologize," Walker said in an interview with NBC News. "I think more people need to push him. Not just candidates or elected officials, I think more people across America including some of those who, maybe up until now, have been supporters of him."

Trump said Saturday McCain is "not a war hero because he was captured. I like people that weren't captured." Under fire, Trump later acknowledged that McCain's sacrifice was heroic.

Walker was careful not to mention Trump by name but said his insulting rant against McCain went too far, "when it came to personal attack like this against the military, an American hero, I'm gonna call it like I see it."



Photo Credit: Getty Images

Rainstorm Causes Power Outages Across County

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SDG&E worked into the night Sunday to resolve remaining power issues that initially left more than a thousand San Diego-area customers without power amid heavy rain. 

As of 9:50 p.m. Sunday, SDG&E said they had restored power for nearly all of the 1,000 customers without power across San Diego. 

Fifty five customers in the Fletcher Hills, El Cajon area and 14 on the La Jolla Indian Reservation near Santa Ysabel reported having no power as the tail end of the storm swept through San Diego. 

SDG&E said customers without power in Santa Ysabel lost power because of a vehicle-related accident and not because of the weather. 

Earlier in the evening, the area with the largest outage was parts of Bonita and National City, where a reported 783 customers said they were without power during the rainfall. Crews said they did not know when power would be restored, but power was restored by 9 p.m. 

139 customers in La Presa, Spring Valley, and Rancho San Diego were still without power. The estimated time for restoration was midnight, but SDG&E reported having the power back earlier. 

The seven customers in West Bernardo, Del Dios, and Lake Hodges who lost power also received their power prior to 9 p.m. 

Chula Vista had two customers out of power during the day. 

As of 5:30 p.m., 30 customers in Ocean Beach, Midway,  and Lindbergh Field were without power, but the power was later restored.

Power was also out in Rancho Penasquitos, Rancho Bernardo, San Pasqual, and San Pasqua for 31 customers. 

Check back for updates on this breaking news story. 


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Hackers Threaten to Leak Ashley Madison Users' Info

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Hackers have threatened to release the private data of more than 37 million users of the cheating website Ashley Madison, according to Krebs on Security, a cyber security website.

The group, who calls itself The Impact Team, teased some of the compromised data online and threatened to release more, including nude photos, customer names, and credit card details if the dating site, which uses the slogan "Life is short. Have an affair," does not shut down.

The hackers claimed Avid Life Media, Ashley Madison's parent company, lied to its users about deleting their private records including credit card information. The hackers also demanded the shut down of another popular site run by the company called "Established Men."

Krebs on Security reported that in addition to leaked account data, the hackers also obtained sensitive internal company data, including bank accounts and salary information.

In a message to the company, the hackers wrote: "Shutting down AM (Ashley Madison) and EM (Established Men) will cost you, but non-compliance will cost you more."

ALM Chief Executive Noel Biderman confirmed the breach to Krebs, which he called a criminal act, and suggested that the hacker may have had earlier inside access to their technical services.

The company also apologized in a statement.

“At this time, we have been able to secure our sites, and close the unauthorized access points," ALM said. "We are working with law enforcement agencies, which are investigating this criminal act. Any and all parties responsible for this act of cyber–terrorism will be held responsible.”

Ashley Madison is in the process of raising millions through an initial public offering on the London Stock Exchange, according to Reuters



Photo Credit: AP

U.S. Wins Math Olympiad for 1st Time in 21 Years

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For the first time in over two decades, they are the champions.

The U.S. team won the International Math Olympiad, a competition pitting the world’s best young brains against each other to see which country’s team has the best math mastery. The Americans, a team of six high school students from around the U.S., notched the country’s first win since 1994, NPR reported. This year’s contest was held in Chiang Mai, Thailand.

The competition lasted 12 days. Each team had to work on three math problems. Solving even one means “you’re a bit of a genius,” Po-Shen Loh, a Carnegie Mellon University professor, who served as the U.S. head coach, told NPR.

Although the U.S. team may be celebrating now, concerns remain that American math education lags behind that of other countries. Loh noted that there is also a persistent gender gap in math-related fields. All six members of this year’s winning team are boys.


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Padres Rained Out At Home

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San Diego's Wet and Wild Summer continued on Sunday. This time the July rainstorms did something that has not happened since ... well, ever.

For the first time since the Padres started playing baseball in San Diego, they had a home game rained out in July. Sunday afternoon's weather stopped the scheduled game between the Padres and Rockies in the top of the 5th inning (Colorado was leading 1-0).

The game will be replayed on September 10 with a 12:40 p.m. start time. Folks who had tickets for Sunday's will have those seats honored in the replay.

After a delay of two and a half hours, and with more wet weather in the forecast, the crew at Petco Park decided to call it a day. The last rainout at Petco Park came on April 4 of 2006, a span of 820 home games.

This series we saw the first time a game in our town has ever even been DELAYED by weather in the month of July. The only other July delay in San Diego history came in 2009 and that was because of a swarm of bees.

Sunday's home rainout is just the 17th in Padres history. Keep in mind, they've played baseball since 1969. That's the same number as Dodger Stadium has had in its 53-year existence.

Pro Surfer Planned to Stab Shark Attacking Competitor

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Australian pro surfer Julian Wilson is being praised for his bravery after paddling towards a great white shark as it attacked his competitor and former world champ Mick Fanning on Sunday.

The incident played out on live TV as Wilson competed against Fanning at the J-Bay Open, a professional surfing event in South Africa.

Wilson, who planned to stab the shark, sprang into action as his fellow countryman was being attacked.

"I was like, 'I've got a board, if I can get there I can stab it or whatever. I've got a weapon," Wilson said in an interview with the World Surf League. 

The two were unharmed and brought to safety by crew.



Photo Credit: AP

15-Foot Tree Falls in Encinitas

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A 15-foot tree fell along Orpheus Avenue north of Leucadia Boulevard in Encinitas around 2 a.m. Monday. NBC 7’s Chris Chan reports.

Man Taken to Hospital After Reported Stabbing

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Officers are responding to a report of a stabbing in Escondido where a man was found on the ground.

The incident happened at approximately 12:30 p.m. Monday on the 100 block of N Beech St in Escondido.

Officers are responding to a report of a stabbing in Escondido where a man was found on the ground.

The incident happened at approximately 12:30 p.m. Monday on the 100 block of N Beech St in Escondido.

When medics arrived, they found a man on the ground. He was taken to Palomar Hospital.

There is no word on his injuries.

The suspect is outstanding and police officials did not have a description available.

Police are investigating.He was taken to Palomar Hospital.

There is no word on his injuries.

The suspect is outstanding and police officials did not have a description available.

Police are investigating.


Newly Discovered Dr. Seuss Book Released This Month

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Readers can immerse themselves in the fanciful world of Dr. Seuss yet again.

The book, “What Pet Should I Get?” will be released on July 28, more than 20 years after the La Jolla author died.

The author’s widow discovered the manuscript for the book in 2013; it’s believed to have been written sometime between 1958 and 1962.

The picture book follows a brother and sister who visit a pet store to pick a pet, but aren’t able to decide on just one. It features the same brother and sister from Seuss’ well-known “One Fish Two Fish Red Fish Blue Fish.”

Random House Children’s Book is publishing the new book and has said it has plans for two more books by the late author.

Dr. Seuss, whose real name was Theodor Geisel, died in 1991. He and his wife, Audrey Geisel, were longtime La Jolla residents and made a number of contributions to UC San Diego.

In fact, Audrey Geisel recently donated $3 million to renovate the university’s iconic Geisel Library. Library staffers say they intend to put the money toward digitizing the space.

“It gives me great joy to help ensure that Geisel Library will continue to attract and fuel students, scholars, and community members who are passionate about learning,” Geisel said in a news release.



Photo Credit: UIG via Getty Images

Hillary Clinton Declares 'Black Lives Matter' in Facebook Chat

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Democratic presidential candidate Hillary Clinton said Monday that black people in America continue to face racism in their daily lives, using the popular slogan of the Black Lives Matter movement in a question-and-answer session on Facebook.

Calling racial inequality a "hard truth," Clinton suggested several ways to address inequality in a post that began "Black lives matter," though she didn't endorse the movement outright.

"Black lives matter. Everyone in this country should stand firmly behind that," Clinton wrote in the Facebook chat.

She said so after being asked by a Washington Post reporter what she would have said to Black Lives Matter protesters who interrupted two of her rivals for the Democratic nomination at a conference over the weekend.

Former Maryland governor Martin O'Malley was booed for initially replying "Black lives matter. White lives matter. All lives matter," and he later apologized.

Clinton supports all U.S. police departments receiving body cameras and providing low-level offenders alternative options to incarceration, she said in her post.

During the Facbeook chat, Clinton also said that, as president, she will push for a pathway to citizenship for illegal immigrants and prosecute Wall Street financial firms and individuals who work there "when they commit fraud or other criminal wrongdoing - because no one is 'too big to jail.'"

Clinton answered a few questions on the lighter side, too. Asked what her favorite pantsuit is to wear – she's become associated with the businesswear – Clinton wrote: "I never met a pantsuit I didn't love."

And how does the former secretary of state, senator and first lady feel about being a grandmother? "IT'S THE BEST THING EVER!" she said.



Photo Credit: necn

Police Search for Masked Suspect in Home Invasion

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A suspect reportedly armed with a black handgun and wearing a mask robbed a City Heights home Monday, San Diego Police say.

Officers were called to a report of a home invasion in the 4100 block of Pepper Drive at 1 p.m.

Those at the scene told police an armed suspect in a mask had broken into the home and robbed the residents.

The suspected robber was last seen escaping in a small, black car.

It's unclear what the victims lost in the robbery. No injuries have been reported.

Robbery detectives have taken over the investigation.



Photo Credit: NBC 7

July Storms: NBC 7 Viewers' Videos

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When the clouds opened up Saturday and San Diegans saw the rain fall, they grabbed their phones and captured some of the best storm video we've seen in awhile.

NBC 7 User Video: Slip and Slide

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NBC 7 User Video: Skim Boarding in the Flood

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NBC 7 User Video: Ramona Flooding

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NBC 7 User Video: Ramona Flood

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NBC 7 User Video: Ramona Flooding on Sunday

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NBC 7 User Video: Ramona Flooding, 8th Street

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NBC 7 User Video: Alvarado Road in July Storm

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NBC 7 User Video: Escondido Creek Flooding

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NBC 7 User Video: Another Rain Video

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NBC 7 User Video: Happy Rain Day in San Ysidro

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SDPD Seeks 6 in Gaslamp Fight

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San Diego Police are asking for the public's help in identifying six people who left the scene of a beating in the Gaslamp District on Fourth of July.

Detectives say three men and three women were captured on surveillance video leaving the scene of a fight that left a man injured with multiple fractures to his skull and face as well as a brain bleed.

The unidentified victim was punched in the face by a man on 6th Avenue between Island and Market on Saturday, July 4 at approximately 1 a.m. 

Now, police detectives are trying to identify six people who were captured on video leaving the scene of the incident.

Anyone who might have witnessed the incident can call San Diego Police Detective John Clayton at (619) 744-9521.



Photo Credit: San Diego Police

Junior Seau Family Keeps Up Fight Against NFL Over Concussions

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Three years after legendary San Diego Chargers linebacker Junior Seau shot himself in the chest with a .357 Magnum revolver, his relatives continue to battle the National Football League over what they say was a decades-long deception about concussions and brain injuries.

His former wife, Gina, and his four children opted out of a settlement of a federal class-action lawsuit in January because they want more information to emerge about the debilitating effects of head injuries, according to their lawyer, Steven M. Strauss, a partner with the Cooley law firm in San Diego.

The Seaus are trying to get their case returned to a California state court for a trial, Strauss said last month.

Seau is to be inducted into the Pro Football Hall of Fame on Aug. 8.

Before his death in May 2012 at age 43, he had become erratic and short-tempered, according to legal papers. He was depressed, drank heavily and gambled millions compulsively. But his family was as stunned by his suicide as everyone else and wanted answers, Gina Seau told The Associated Press.

Throughout his long career -- he played 20 seasons with the NFL, with the Miami Dolphins and the New England Patriots in addition to the Chargers -- Seau had had concussions, but he always kept playing, she said.

“That didn't stop him,” she said. “I don't know what football player hasn't. It's not ballet. It's part of the game.”

When doctors at the National Institutes of Health examined tissue samples from his brain, they discovered that he was suffering from the degenerative brain disease, chronic traumatic encephalopathy, found in athletes with a history of brain trauma.

The challenge for the Seaus will be to show that his injuries were caused by football he played in the NFL and not before, whether in high school or at the University of Southern California, said Scott Rosner, a sports business professor at the Wharton School at the University of Pennsylvania. Trying to draw that link will be risky, he said.

"It might be there but my sense is that there would be a pretty strong case to be presented to a jury that maybe it was another injury that caused this, maybe it was before he got to the NFL," Rosner said.

The January following his suicide, Seau’s family sued the NFL and the helmet maker Riddell in California Superior Court in San Diego. The lawsuit alleged that Seau had killed himself because of his injuries, and that the NFL had long been aware that head injuries from violent collisions on the field could have long-term, debilitating effects on players. It ignored the link, falsified research and tried to repress the findings of other studies, the lawsuit said.

The family — including Seau’s four children, Tyler, Sydney, Jake and Hunter — became part of the federal class-action lawsuit filed in June 2012 in the U.S. District Court for the Eastern District of Pennsylvania. The complaint also alleged that the NFL fraudulently concealed the link between football-related head impacts and long-term neurological injuries from its players -- a charge the NFL denied.

The NFL had argued that safety and health rules were covered by the league's collective bargaining agreement with its players. It also said that the lawsuits lacked any proof that it concealed the risk of head trauma.

Brought by more than 5,000 former players or their families, the lawsuit was settled in April. The settlement provides payments of up to $5 million to players with such neurological conditions as dementia and Alzheimer's and Parkinson diseases, plus money for medical research and monitoring. It covers about 21,000 former NFL players.

Since the settlement was approved, about 90 former players have appealed.

The Seau family is among about 200 who opted out of the settlement. The Seaus in a "60 Minutes Sports" segment objected that the NFL took no responsibility for policies that led to the brain injuries.

“Since this litigation started, there hasn’t been one document produced, there hasn’t been one deposition taken," Strauss said in a statement to ESPN last year. "It seems very clearly designed to nip this in the bud and not have the truth come out, and that’s not acceptable to the Seau family, and it’s not acceptable to Junior’s legacy.”

A lawyer who negotiated the settlement on behalf of the players, Chris Seeger, a partner at Seeger Weiss, has said in a statement that if Strauss thought the $4 million the Seaus were eligible for was insufficient he could forfeit the money and face the significant risks associated with continuing litigation.

Rosner said Seau was in a category different from many other players.

"His earning capacity was greater, his earning capacity after the game was different because of his Hall of Fame status so you could see monetarily why they would go down this road," he said.

Seau’s attorneys also will have to address an outstanding question of the care that the NFL owed to its players at a time when they were represented by a union, said Marc Edelman, an associate professor of law at the Zicklin School of Business of Baruch College, City University of New York.

And the attorneys will have to show that Seau's injuries led to his death, he said.

Coronado, South Bay Coastline Closed After Storm

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Residents are being asked to avoid Coronado and South Bay ocean water until otherwise notified after record-breaking rainfall left many county beaches with contaminated water.

Saturday's rainfall broke records in at least 11 locations, including five places that had the most rain ever recorded on any day in July, according to the National Weather Service.

In San Diego County, rain totals shattered records set 113 years ago, NBC 7 Meteorologist Jodi Kodesh said.

Following that rain, the County of San Diego Department of Environmental Health issued water contact closure areas along San Diego shores due to sewage runoff leaking into ocean water.

Sunday evening, county officials said the Tijuana Slough National Wildlife Refuge and Border Field State Park had both been closed due to sewage-contaminated flow from the Tijuana River. The coastline closed goes from Seacoast Drive to the International Border.

On Monday, officials expanded that existing closure to Imperial Beach, Silver Strand State Beach shorelines and all shorelines north of those to including Coronado.

A beach hazards statement at county beaches is in effect through Monday evening for potential lightning, strong rip currents and high surf with sets hitting five to seven feet.

Warning signs will remain in place until ocean water is safe for recreational use, officials said.
For more information on beach closures, click here.



Photo Credit: AP

Sinkhole Delayed Trolley Service

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After two days of rain, the Metropolitan Transit Service experienced delays in service for the Monday morning commute.

Among the delays, a sinkhole affecting southbound tracks near Barrio Logan, according to an MTS Tweet.

A train operator spotted the ground sinking under the eastbound main track between Schley Street and 28th Street near the Harborside Station just after 7 a.m., according to an MTS spokesperson.

Due to the size of the sinkhole, workers removed the eastbound track from service.

As of 3 p.m., MTS alerted its riders that repairs were complete and operations were back on schedule.

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Photo Credit: Nicole Gomez, NBC 7
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I-10 Closed, Bridge Washed Away

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An elevated section of Interstate 10 collapsed Sunday amid heavy rains in a remote desert area of California, cutting off traffic between the state and Arizona and leaving a driver injured.

The Tex Wash bridge in Desert Center, which carries the eastbound interstate about 15 feet above a normally dry wash west of the Arizona state line, snapped and washed away in flooding water below, the California Highway Patrol said.

One driver had to be rescued from a pickup truck that crashed in the collapse and was taken to a hospital with moderate injuries, the Riverside County Fire Department said. A passenger from the truck was able to get out without help and wasn't hurt.

"Bystanders quickly used straps from their trucks to secure vehicle to guardrail to prevent it from washing away," the Riverside County Fire Department officials said in a statement.

The interstate is closed from north junction of State Route 86 in Indio to the junction of State Route 177.

California transportation officials say the westbound side of the 10 Freeway has also been badly compromised by flooding in the same area where the eastbound side collapsed.

Caltrans spokeswoman Terri Kasinga said Sunday night that it means the interstate that serves as a main route between California and Arizona will stay shut down "completely and indefinitely."

Caltrans engineers will be at the site assessing damage Monday.

Other locations along I-10 within 25 to 50 miles of the collapse will need to be inspected, according to spokesperson Linda Takahashi.

An overpass about two miles east of the collapse also suffered damage, she said.

No timeframe was given for when either side would reopen as crews were diverted from other projects to examine the site Monday.

As of Monday morning, drivers heading eastbound on I-10 were being diverted to the SR-86 south to Salton Sea.

Another option for those heading east was to take State Route 62 near Palm Springs toward Twenty-Nine Palms/Joshua Tree.

Caltrans estimated detours could add two hours onto the trip.



Photo Credit: Courtesy of KMIR
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Supes to Vote on $1.6M for San Onofre Nuclear Storage

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San Diego County is considering an agreement with energy utility Southern California Edison (SCE) to provide $1.6 million in emergency planning funding for San Onofre's nuclear waste.

San Onofre’s generators have been offline now for two years, but the uranium left behind, which will be poisonous to humans for the next 173 million years, will be permanently stored in high-tech stainless steel drums designed to last for 25 years.

In a report on the issue, "Report of Malfeasance and Institutional Corruption at the California Public Utilities Commission," one attorney detailed disasters involving public utilities, disasters that should inform the decision on a local nuclear emergency.

“Imagine what will happen if San Diego were the sight of a major nuclear disaster and that you'll have to have the kind of relocation, the kind of loss of life that you see in Fukushima,” said attorney Mike Aguirre.

He said the stored nuclear waste at San Onofre by its owner, SCE, is a disaster waiting to happen.

“Edison is implanting 3,000,600 pounds of high level nuclear waste in North San Diego coast line,” Aguirre said.

On Tuesday, the board will vote to accept $1.6 million from SCE to cover the costs of emergency services operations through 2019.

For Aguirre, it is the only chance he sees to discuss what should be done with the stored nuclear waste.

But Supervisor Bill Horn said Aguirre is wrong and is trying to scare people.

“As far as there being a danger at the plant right now, I don't think there is one,” Horn said. “Mr. Aguirre would like to write fiction, I guess.”

Horn told NBC 7 he agrees the waste should be moved, but there is only so much the county can do.

“I'd like to get the fuel moved, if I could get it moved,” Horn said. “But at the same time, that's up to the federal government to make it happen.”

Aguirre said he is asking the federal government to set up a committee to find a place to store nuclear waste.

“What we're asking for is the Board of Supervisors to call upon the governor and the Public Utilities Commission to set up a committee to find out where we're going to store nuclear waste,” Aguirre said. 

Ratepayers have disproportionately wound up on the hook for the failure of the San Onofre nuclear plant on San Diego County’s northern coastline.

The debate over whether Southern Californians got their fair share in the decommissioning bailout won't die down.

Under investigation by federal prosecutors and other agencies are CPUC proceedings and negotiations that led to shareholders dodging 70 percent of the $4.7 billion in shutdown costs.  

SoCal Edison executives deny any wrongdoing in the drawn-out procedures involving them and the commission.

Editor's note: A previous version of this story said the report came from the board of supervisors. It was from attorney Mike Aguirre. We regret the error.

Apply for Possible Storm-Related Property Damage Aid

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San Diego property owners looking for additional assistance with weather-related damage from the record-breaking rainfall over the weekend may be eligible for federal funds.

Saturday's rainfall broke records in at least 11 locations, including five places that had the most rain ever recorded on any day in July, according to the National Weather Service. In San Diego County, rain totals shattered records set 113 years ago, NBC 7 Meteorologist Jodi Kodesh said.

During the two days of heavy rainfall, thunder and lightning, hundreds saw water leak into their homes and through surrounding areas, damaging their property.

Residents looking for assistance can start by complete a short damage survey form - http://www.sdcountyrecovery.com/damages-resulting-from-disaster/ to help the County to gather and process information associated with the damage.

County officials will use the information to estimate damages countywide and determine if the County qualifies for federal disaster assistance. That would include low-interest loans for small businesses who are uninsured or under-insured to help fix the damage.

Completing the form is not the same as submitting a claim and does not mean the property owner will be eligible to receive disaster assistance, county officials said.

If you need immediate assistance because your property was damaged, contact one of the following agencies: the American Red Cross at (858) 414-8051; the Salvation Army at (619) 231-6000; or other local services may be available through 2-1-1 San Diego.

For more information, click here.



Photo Credit: Chris Chan

Agencies Use Surveillance Tech to Monitor Public

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In the past, it was agencies like the CIA, FBI and foreign intelligence services that had access to high tech electronic tracking devices.

Now, police agencies in San Diego County own or can borrow sophisticated surveillance tools like that too. The use has evolved over the years, to where now, it’s commonplace for both law enforcement and the private sector.

Civil Libertarians see this as a threat to our privacy, while advocates for law enforcement's use of these tools see their ability to gather data as a tremendous tool for crime fighting.

Darryl Thibault, the managing director of Pexis Corporation, has seen this change first hand throughout his career. Thibault first saw these technologies used as a CIA employee in clandestine services. Now, he is seeing them used in the private sector, working in security and as an investigator.

What happened, he told NBC 7 Investigates, is miniaturization, smaller batteries and wireless communications. With this, the pricing on all sorts of surveillance gear has dropped dramatically.

According to Thibault, anyone can buy them.

"You can go into the International Airport in Geneva, Switzerland, and see for sale just about everything the CIA uses,” he said.

Kellen Russoniello, a staff attorney for the ACLU, said the use of high tech gadgetry is part of "a movement towards the more, big brother, massive surveillance system where law enforcement can track everything you are doing.”

Some of these include facial recognition systems, license plate readers and one of the more controversial technologies at this time: international mobile subscriber identity catchers -- commonly known as stingrays, named after the brand name of one of the devices.

The stingray can mimic a cellphone tower, interacting with nearby cells. It can identify nearby devices and then intercept and capture calls, text messages and internet activity. Russoniello describes the devices as "giant nets of data capturing a bunch of different information about people going about their daily activities."

Facial recognition technology exploded after September 11, 2001. It can identify someone in a photo or video based on the characteristics of a person’s face.

Plate readers use camera systems to scan license plates that come into view. They can process thousands of plates in an afternoon.

Thibault said these devices are everywhere and available to both good guys and bad guys.

"I can guarantee you that Chapo Guzman, who just escaped from prison, can access these capabilities," he said. Thibault also said he is positive cartel and other criminals use this technology to track U.S. law enforcement.

The ACLU is very concerned about how American law enforcement is using the snooping and data gathering devices.

"They’re tracking the movements of all innocent citizens and keeping a huge data system of all the movements," Russoniello said.

According to the ACLU, the police began using these methods with very little knowledge or feedback from citizens or local government. Something has to change, Russoniello said.

According to him, law enforcement cannot be employing dragnet like electronic tools without the knowledge and approval of residents in a community.

One technology, facial recognition, does have guidelines provided by the Automated Regional Justice Information System (ARJIS). ARJIS was created to share information among law enforcement throughout San Diego and Imperial counties here in California.

NBC 7 Investigates wanted to see how the other devices were being used, and what protections were in place for citizens.

Through a California Public Records Act request to the San Diego Police Department, focused on stingrays, we asked for details about how SDPD is using the technology.

In its response, a city purchase order for $33,000 worth of stingrays bought through the Department of Homeland Security was provided.

In its response, SDPD told NBC 7 Investigates, "the information you seek would reveal security or intelligence information, and is exempt from disclosure…"

In another public records act request, we asked about closed cases where SDPD has used the technology in its investigation. The department, once again, denied our request.

“The exemption…does not end with the completion of the investigation," according to the CPRA request response.

NBC 7 Investigates found other efforts across the state and here in San Diego relating to how police are using stingray and other technologies.

The Associated Press, the San Diego Union Tribune, the Guardian (newspaper), Muckrack news, the First Amendment Coalition and private citizens have also asked SDPD about its use of stingrays. All received the same response, including the same $33,000 invoice.

The ACLU in San Fransisco requested the same information from the Sacramento County Sheriff's Department. It too received copies of invoices but nothing more.

As a result, the ACLU has sued the department. In the lawsuit, the ACLU says law enforcement agencies are using the stingray technology increasingly "in routine cases, a practice that has grave civil-liberties consequences."

On its website the ACLU tracks state and local law enforcement agencies who purchased cell site simulators like stingrays. The national ACLU told NBC 7 Investigates the information is from press reports, government websites and public records requests by the ACLU.

Click here to see the data.

Former San Diego U.S. Attorney Peter Nunez said he believes these "tools are fantastic" in terms of effectiveness in fighting crime. He argues no protections are needed.

“Unless there is an abuse,” he said, “we shouldn’t mess around with it. We should not limit it. If there is an abuse, we should deal with it as we do in any other context."

Russoniello disagreed, saying, "we need to be more open about what technology law enforcement has and how they are using it. The public needs to be involved."



Photo Credit: Getty Images/Flickr RM
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