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Students Claim N-Word A "Prank"

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Even though they allegedly fastened a bike lock around a black freshman’s neck, wrote the N- word on a dry erase board, draped a Confederate flag around a campus apartment and had Nazi-era paraphernalia lying about, most everyone interviewed by San Jose State University police said they thought these actions were simply college pranks.

And for the first time on Monday since the hate charges surfaced last week, San Jose State University President Mo Qayoumi took personal responsibility for what happened.

 "By failing to recognize the meaning of a Confederate flag, intervene earlier to stop the abuse, or impose sanctions as soon as the gravity of the behavior became clear, we failed him," Qayoumi said in an email and then to a crowd on campus. "I failed him."

But to anyone who knows history, these alleged actions by four white students against an African-
American freshman were not silly, harmless jokes.

"How this can be viewed without racial prejudice just boggles my mind," said retired Santa Clara County Superior Court Judge LaDoris Cordell, who is also African-American and the independent police auditor for San Jose.

The symbols chosen  and detailed in university police reports show that "ugly bigotry" still exists in pockets of our country today, according to Lecia Brooks, director of outreach at the Southern Poverty Law Center. In an open letter, she said that these actions cannot be dismissed as innocent pranks and that we must not "excuse ourselves from digging deeper and doing the hard work of addressing bigotry, racism and destructive ignorance."

MORE: SJSU Charged With Hate Crime vs. Black Roommate

According to several witnesses, suspects and the victim himself - at least in the beginning - the behavior reported from August to mid-October at Campus Village apartments was supposed to be funny, and it wasn't because he was black. These statements, and more, are detailed in university police reports obtained by NBC Bay Area and published Monday.

One student interviewed told police she didn’t  "think the actions were racist, just immature,” and "done for shock value." She said she thinks the 17-year-old African-American victim was bullied because he was “scrawny and easy going,” not because of his race. She thought about reporting the behavior but "didn't want to make it worse."

And, when another witness was asked, Don't these seem like horribly racist things to do? She answered: "(Prejudice) doesn't seem too present to us, it's just in the books. It doesn't seem like a big deal for us to do things like this."

One of the suspects charged with a hate crime -- Logan Beaschler, 18, of Bakersfield -- told police his actions were “supposed to be funny.”

In trying to explain why he hung a Confederate flag in the suite he shared with the alleged black victim, Beaschler said, a decorative theme of “The South Shall Rise Again” was in reference to himself and another student from Los Angeles both hailing from Southern California.

Beaschler told police the flag was “supposed to ruffle people’s feathers."

The first police report was taken on Oct. 14. The Santa Clara County District Attorney on Nov. 20 filed misdemeanor hate crime and battery charges against Beaschler, 18; Joseph Bomgardner, 19; and Colin Warren, 18, of Woodacre in Marin County, on the same day the Mercury News first reported the story.

The three were suspended by SJSU on Nov. 21. A fourth student, an 18-year-old from Los Angeles, was suspended on Nov. 22. His charges and identity are not public because he was a juvenile at the time of the alleged incidents. It has come to light that two of the accused white students were first moved to a different dorm.

Beaschler is scheduled to appear in court on Jan. 6, and Warren is scheduled to appear in court on Jan. 22  There is no court date yet set for Bomgardner.

The police reports indicate the victim himself wasn’t sure how to handle the situation.

MORE: 4th SJSU Student Suspended From SJSU

The alleged abuse against him included: Having his shoes stolen, being locked in a closet with the doorknob removed, and being called "Three-Fifths" and "Fraction," references dating back to the days of slavery in America.

When a bike lock was allegedly put around his neck for several minutes in September, a witness acknowledged that it was meant to symbolize "putting chains and locks on the black kid," the reports state. But, according to the police report, that witness brushed off the suspects' behavior not as racist, but as a "prank war gone extreme."

How it all started is a bit unclear. The police reports indicate it may have started, in a college sort of way, over a missing pet fish that was later returned and somehow blamed on the African-American student.

When interviewed by police, the victim said he wasn’t quite sure if he was simply being pranked, or if his alleged abusers were racially motivated. But, at one point in the police interview, he acknowledged to officers that his attitude began to change, and fear began to set in.

“Don’t do it again,” he remembered telling them about the bike lock on his neck. He began to lock his door at night. He also said that he thought a Jewish roommate was going to be the next target because of Adolf Hitler references, and the fact that one of the suspect’s had a fish named "Das Booten Fisch," a reference to Nazi Germany.

A young woman, who also lived in the Campus Village apartments where the alleged behavior took place, told police that she thought this was all a bunch of “funny pranks, like doorbell ditch.”

She said the suspects all thought it was “hilarious” and just took things “too far.” She had thought about reporting the actions to a tip line but didn’t want to “disrespect” the victim because he didn’t report it.

At a subsequent news conference last week, Vice President of Student Affairs William Nance said he does not know how this could have gone on for so long without being reported. He urged anyone on campus to “say something” if they spot any type of bullying or harassment toward others.

And in a statement, California State University Chancellor Tim White said: "As a CSU community, we must confront honestly and directly incidents such as the one at San Jose State,"  which he called "a clarion call" for vigilance at all 23 CSU campuses.

The NAACP urged the District Attorney up the charges to felonies and add the charge of false imprisonment instead of battery alone.

"The community will not stand idly by and allow for any student of color to be terrorized simply due to the color of his skin,” said Reverend Jethroe Moore II, president of the San Jose/Silicon Valley NAACP in a statement. “This is not simple hazing or bullying, this is obviously racially based terrorism targeted at their African American roommate.”

But in a statement, DA Jeff Rosen said: “While we understand the outrage of those calling for even stiffer charges in this case, the charges are not a reflection of the degree of their racism. The charges are a reflection of their criminal conduct.”

DOWNLOAD: Statement from Santa Clara County DA 

The NAACP also called on SJSU to investigate why the alleged abuse continued for so long and why no immediate action to rectify the situation was taken. Those steps are being taken.

NBC Bay Area's Chase Cain contributed to this report.



Photo Credit: NBC Bay Area

Attempted Theft: Cart of MacBooks

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San Diego County sheriff's deputies are looking for a person who tried to steal a cart full of Apple MacBooks in San Marcos.

The store had only been closed about 45 minutes when we're told a cleaning crew saw a suspicious person inside the Fry's Electronics store late Sunday night.

They saw a person, dressed in black and wearing a mask, inside the building around 9:45 p.m., officials said.

In their search for the burglar, deputies found a shopping cart full of MacBooks and DVDs near the store.

Deputies brought in a helicopter and K-9 unit to search for the suspect but had no luck.

It’s believed the burglar may have been in the store while it was still open, and waited until employees left before trying to steal the items.

MacBooks sell for approximately $1300 to $2000 each.

 

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Photo Credit: NBC 7 News

East Gate Closed at MCAS Miramar

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A water main break has prompted the closure of the east gate to Marine Corps Air Station Miramar Monday.

Water started bubbling up to the surface of the road Saturday morning.

Since then, crews have worked to clear the dirt around the water main break in an attempt to identify the source of the leak and fix it.

On Monday, the Public Affairs Officer for MCAS Miramar said base officials were not sure when the east entrance would open.

They are advising workers and other personnel to use the north and west entrances until further notice.

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Investigations Launched in Drone Mishap

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Navy officials are conducting two formal investigations into what caused a drone to crash into a Navy vessel off the California coast.

It could be weeks before we learn what caused the injury of two sailors and the damage to the guided missile cruiser USS Chancellorsville.

The drone hit the ship's port side while the vessel was conducting training exercises off Point Mugu on Nov. 16. Officials said the drone was being used to test the ship's radar.

The 13-foot BQM-74 series aerial drone had a wingspan of nearly six feet. It was manufactured by Aerospace giant Northrop Grumman Corp.

The first formal investigation will be a safety review that looks at the hazards and other factors which may have led to the collision.

At the same time, the Judge Advocate General (JAG) will conduct a second investigation offering an objective overview of what happened.

Both investigations have an initial timeline of 30 days according to the spokesperson for the Naval Surface Force, U.S. Pacific Fleet.

Two people suffered burns. There were about 300 crew members aboard the ship at the time of the incident.

USS Chancellorsville was docked at Naval Base San Diego, where investigators assessed the damage and worked on repairs.

 

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2 Teen Girls Wanted in Robbery

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Police investigating the strong arm robbery of two Korean exchange students in La Mesa are hoping images of two women getting on the San Diego trolley will lead to an arrest.

The exchange students called police on Wednesday, Sept. 25 just before 5 p.m. reporting that they were punched in the head and robbed of their Samsung Galaxy S4 cell phones.

The robbery happened near the intersection of Campina and Severin Drives. The victims told officers the suspects between the ages of 17 and 18 were last seen running towards the Amaya Trolley Station.

Since then, detectives say they have found images of the suspects in surveillance video from the trolley.

The first woman is 5-foot-5, wearing a white T-shirt, black shorts and black stockings. The second woman is described as 5-foot-7 to 5-foot-9 and wearing a navy or black T-shirts and light purple shoes with her hair in dreadlocks.

If you have information, investigators ask that you call the La Mesa Police Department at (619) 667-1400 or CrimeStoppers’ anonymous toll-free tip line at (888) 580-TIPS.
 

 

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Phones to Blame for 1 in 4 Accidents

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There are new and sobering statistics when it comes to distracted driving. According to a new report from the National Safety Council, one of every four accidents involves drivers talking and texting on cell phones. NBC 7’s Artie Ojeda has more.

New Features, Food at SD Airport

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As many as 60,000 passengers are expected to pass through San Diego International Airport each day this week.

Because the airport typically serves 40,000 to 50,000 passengers a day, there will likely be a large number of people visiting the airport this week who are unaware of the transformation that's occurred.

Travelers will be exposed to a new line-up of restaurants, shops and other features that have landed at Lindbergh Field.

Of course, most of those features are part of The Green Build, a $1 billion project to expand the airport’s bustling Terminal 2. The expansion includes 10 new gates, a duel-level roadway, additional aircraft parking and more security lanes.

Improvements also include new concessions where travelers can grab a drink and some grub before embarking on their trip.

For instance, over at Terminal 2 West, gate 45 now boasts a San Diego classic: Phil’s BBQ. Over by baggage claim, near carousel 4, travelers can now grab a cup of fresh java from Ryan Bros. Coffee.

After grabbing a bite, travelers can now pamper themselves at the airport’s first-ever spa, which opened for business over the summer. Located at gate 36 in Terminal 2 West, Be Relax Spa sells beauty products and on-site health services and treatments.

Meanwhile, in Terminal 2 East – right near gate 27 – tech fans can spend their time between flights browsing through gadgets at The Sharper Image store. In that same area, InMotion Entertainment sells headphones, cameras, tablets and other goods. Right past gate 26, the Old Town News & Market is a newsstand and retail store that sells locally-themed items.

These new offerings – with many more to come – are part of the airport’s Concession Development Program (CDP) to revamp shopping and dining options for travelers, with a focus on local fare. The program launched in December 2012, with all new businesses expected to be up and running by March 2014.

Upon completion, the number of businesses at the airport will increase to 87, up from 55. The bulk of new concessions are housed in an area known as Sunset Cove, which will eventually feature floor-to-ceiling windows, seating, public art and views to the airfield.

A highly-anticipated upcoming addition is Stone Brewing Co., which will open up two locations, one at Terminal 2 East and the other at Terminal 2 West, where travelers can enjoy San Diego’s craft beer culture.

Another improvement travelers might notice this season is the expanded security checkpoint at Terminal 2, which includes six new security lanes. The lanes are designed to cut the average wait time in half and make the process of traveling a bit smoother. Those lanes opened back in March.

In May, the San Diego International Airport also unveiled a brand-new, $35 million baggage handling system at Terminal 2. The fully-automated system processes a bag from intake to airplane in about 10 minutes and is designed to increase efficiency. It could also mean fewer chances for lost baggage.

For U.S. service members, the brand-new USO center at Terminal 2 may be the best addition to the airport. The USO facility – the largest of its kind in the world – spans nearly 10,000-square feet. It opened this past September and provides a comfortable space for service members and their families to rest and enjoy some time together between flights.

The USO center includes a pool table, computer banks with Skype to call loved ones, Wi-Fi and a large patio for service members to soak in the San Diego sunshine.

So, though The Green Build continues and the airport continues to debut new features, there is plenty to see, eat and do now at Lindbergh Field.

The airport should see plenty of buzz on Thanksgiving weekend, as the holiday travel season officially kicks off.

According to AAA’s 2013 Thanksgiving Travel Forecast, approximately 43.6 million Americans will travel 50 miles or more from home on Thanksgiving weekend. An estimated 3.14 million of those travelers will be flying. AAA says Wednesday (Nov. 27) will be the busiest single day of travel with 37 percent of travelers departing for their trips that day.

To check out the full list of businesses at the San Diego International Airport, travelers can visit the airport website.



Photo Credit: San Diego County Regional Airport Authority

Rapper to Be Questioned in Murder

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An aspiring rapper wanted for questioning in a gruesome Massachusetts murder case will soon be transferred from California where he is currently in custody, officials said.

Reginald Cummings, also known as R.E. Clipz, waived his right to an extradition hearing when he appeared in front of a San Diego judge Monday.

Investigators looking into the murder of Dennis Jackson want to talk with Cummings, according to New England Cable News.

NECN reports that Jackson’s burned remains were found in a barrel near the Bridgewater State Correctional Facility.

Cummings has not been charged with a crime.

The aspiring rapper was in San Diego last week when he was arrested on an outstanding Massachusetts warrant, NECN reports.

His next court date should be within 20 days according to San Diego County prosecutors. No specific date for his extradition has been set. 

 

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Obama to Arrive in Los Angeles

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President Barack Obama arrived in Southern California Monday evening on a two-day fundraising swing that includes a stop at the home of basketball great and Dodgers co-owner Earvin "Magic" Johnson and a visit to the DreamWorks Animation facility for a speech on the economy.

Traffic Advisories: Street Closures

The trip is Obama's 16th to Los Angeles since he took office. He began Monday in Seattle before stopping in San Francisco for a fundraiser and speech in support of immigration overhaul, which was interrupted by an audience member who shouted, "Stop deportation. Yes we can."

The LA fundraisers Monday  for the  Democratic Congressional Campaign Committee and Democratic Senate Campaign Committee will be at the homes of NBA Hall of Fame player Johnson and Saban Capital Group Chairman Haim Saban,  according to the website politicalpartytime.org, which tracks political  fundraisers across the country.

A coalition of environmental and progressive groups plan to conduct a  rally and march in Beverly Hills against the Trans-Pacific Partnership, a  regional trade agreement, in connection with Monday's fundraisers. Opponents of the partnership claim it will undermine state, local and  federal laws, including those governing food safety, environmental protections,  Internet freedom, workers rights, health care, drug prices and banking and  finance regulations.

Read: President on Immigration Overhaul

The Obama administration says the partnership will boost economic growth  by increasing American exports, support the creation and retention of  American jobs and promote innovation. The partnership consists of the United  States, Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Vietnam and  Singapore.

On Tuesday, Obama is scheduled to conduct a fundraiser for the  Democratic National Committee at the Hancock Park home of Marta Kauffman, a co- creator of the 1994-2004 NBC comedy "Friends," politicalpartytime.org  reported.

Obama is also scheduled Tuesday to speak at DreamWorks Animation, which  is headed by Jeffrey Katzenberg, a longtime Obama supporter. Obama, during his  most recent trip to Southern California, had a private dinner with Katzenberg  in August.

The Los Angeles Police Department issued traffic advisories for streets near LAX and roads in Glendale and on the Westside. The most significant traffic problem to occur during one of President Obama's LA visits was in August 2010 when motorists in the Hancock Park area reported waiting in traffic for hours because streets were blocked.



Photo Credit: AP

Sandy Hook Report

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Connecticut authorities have not been able to determine what prompted gunman Adam Lanza to carry out his 2012 massacre at Sandy Hook Elementary School, an attack that shattered the bucolic community of Newtown and thrust the country into a long, soul-searching debate over gun control and mental-health care.

Nearly a year after Lanza killed his mother, 20 children, six educators and himself, investigators have concluded that there is no evidence that points to "a conclusive motive," according to a report released Monday.

In other words, the case's most burning question — Why? — may never be answered.

There is also no clear explanation for Lanza's choosing the school as his target and the children and adults inside as his victims. It may have been simply that he lived nearby, investigators said.

"In fact, as best as can be determined, the shooter had no prior contact with anyone in the school that day," the report said.

The 43-page document, which condenses thousands of pages included in the state police's file on the case, said that Lanza, 20, acted alone, and suffered from various mental health issues, including Asperger syndrome. Investigators concluded that Lanza's mental state provided "no defense to his conduct," saying that the evidence showed "his intentions to kill" and that he understood that what he was doing was illegal. 

"It is clear that the shooter planned his crimes in advance and was under no extreme emotional disturbance for which there was a reasonable explanation or excuse," the report said.

The report concluded that no criminal charges will be filed in the case, in which Lanza — who stood 6 feet tall and weighed 112 pounds — killed his mother at home then drove to the school and gunned down 26 people in the span of five minutes before committing suicide. It was the second-worst school shooting in American history.

An autopsy of Lanza's body found no drugs in his system, the report said. There was no evidence to suggest Lanza had taken any medication that would affect his behavior.

A piece of the story

The report was released Monday afternoon by Stephen Sedensky III, the state’s attorney for the judicial district of Danbury. It came less than three weeks before the anniversary of the Dec 14, 2012 attack, an event that will reopen emotional wounds among victims' families and expose the town to a new round of unwanted attention.

Sedensky has resisted calls by the media and First Amendment advocates to make public the entire stack of documents — and 911 calls. He has relied on input from victims' families, some of whom have demanded tighter restrictions on the release of investigative files.

He said Monday that he would release no additional information, presumably leaving it up to another agency to decide whether to release the remaining files. The state police has indicated that it may do so.

“With the release of this report today the investigation is closed, and no additional release of information or documents by this office is anticipated,” Sedensky said.

The family of Vicki Soto, a teacher killed by Lanza, said in a statement that the release of the report was "yet another blow" as the anniversary approaches.

Connecticut Gov. Dannel Malloy responded with a statement that expressed sympathy for the families of Lanza's victims, but also hope that the report, and voluminous backup documents, will be used to prevent similar crimes.

"If there is one thing that I believe we must do, it's that we must honor the lives that were lost by taking steps to protect ourselves from another horror like this," Malloy said.

A troubled life

The report sketches out Adam Lanza's brief, troubled life, including his descent into mental illness.

His problems began as a young boy in the late 1990s, when he suffered from "speech and language needs." He also began having seizures.

In 2005, Lanza was diagnosed with Asperger syndrome, the report said, which involved "significant social impairments and extreme anxiety." An evaluation determined that he lacked empathy.

“As he got older, his condition seemed to worsen and he became more of a loner,” the report said. In middle school, he recoiled from "noise and confusion" and struggled to walk between classes. “As a result, in high school the shooter was home-schooled for a period of time.”

At the same time, Lanza developed a "preoccupation with mass shootings," particularly the 1999 murders at Columbine High School in Colorado, and "a strong interest in firearms."

Investigators searching the Lanza home discovered a spreadsheet tracking mass murders over the years, newspaper articles on shootings involving schoolchildren in 2008 and 1891 and a copy of the book "Amish Grace: How Forgiveness Transcended Tragedy," which chronicled a 2006 mass shooting at an Amish school in Pennsylvania that left five young pupils dead.

They also found a computer game depicting a school shooter, images of Lanza holding guns to his head and "two videos showing suicide by gunshot."

Puzzling contradictions

The report revealed many instances of contradictory behavior that made it difficult to understand why he killed. He was obsessed with guns and violence, but "displayed no aggressive or threatening tendencies" until Dec. 14. In some contexts he was considered intelligent, and in others below-average. Some acquaintances said he'd been bullied, and others said they saw no such problem. "With some people he could talk with them and be humorous; but many others saw the shooter as unemotional, distant, and remote," the report said.

Equally puzzling was his relationship with his 52-year-old mother, Nancy, his primary caregiver. Some people who knew him said he didn't have much emotional connection with her, or cared if something bad happened to her. Others told investigators they thought Lanza was close to his mother and that she was the only person to whom he would talk.

"Nancy Lanza didn't work because of her son's condition, and worried about what would happen to (him) if anything happened to her,” the report said.

A month or so before the massacre, Lanza's mother grew concerned about his reclusiveness, the report said.

In November 2012, she tried to buy him a computer, or parts of a computer, out of concern that "he hadn’t gone anywhere in three months and would only communicate with her by e-mail, though
they were living in the same house," according to the report.

But Nancy Lanza "never expressed fear of the shooter, for her own safety or that of anyone else."

That point is clear in her plans for Christmas: she wanted to buy him a CZ 83 pistol, "and had prepared a check for that purchase."

Nancy Lanza had a permit to carry a pistol, but Adam did not.

Studying shootings

In the months before the attack, Adam Lanza downloaded a significant amount of material related to mass shootings onto his computer, including video clips about Eric Harris and Dylan Klebold, the Columbine gunmen, surveillance footage of a Cleveland school shooting, a 2007 mall shooting in Omaha, Neb., and two videos showing suicide by self-inflicted gunshots, an appendix to the report said.

Lanza also had a file labeled "FUN" that included images of him holding guns to his head and a five-second video titled "Postal" that included a dramatization of children being shot.

He frequently posted on a blog that focused on mass shootings, including the Columbine attack. He also exchanged e-mails with others who were interested in the topic of mass shootings. 

But none of those communications indicated what Lanza was going to do. And there was no evidence that any of those who traded messages with him played any kind of role in the murders, the report said.

Cache of weapons

Monday's report was the most detailed document officials have released since March, when a court seal on several search warrants expired. Those warrants described a massive cache of guns, knives, swords and ammunition found in the Lanza home.

The stockpile in the Lanza home included rifles, a BB gun, a starter pistol, several large-capacity magazines and a huge array of ammunition of various sizes. There was also a bayonet and a pole outfitted with a spear and blade.

Seized along with the weapons were photographs of what appeared to be a bloody body, a New York Times article about a 2008 mass shooting at Northern Illinois University, self-help books for understanding the minds of people with Asperger syndrome and autism, a guide to pistol shooting and a holiday card containing a check Nancy Lanza wrote to her son for the purchase of a firearm.

Investigators also took several of Adam Lanza's personal journals and drawings, a smashed hard drive, handwritten notes on the addresses of local gun shops and several printed emails.

The attack

Those documents, along with Monday's report, show that Lanza began his rampage by shooting his mother four times with a .22 caliber rifle while she lay in bed. He then drove her Honda Civic to nearby Sandy Hook Elementary School, parked in the fire lane and shot his way into the entrance. Once inside, he opened fire on the students and school workers with a .223 caliber Bushmaster rifle. As police approached, Lanza killed himself with a Glock 10 mm handgun.

The first 911 call from the school reached authorities at 9:35 a.m. Officers found the dead victims in two classrooms near the front door. In another classroom they came upon Adam Lanza's body, outfitted in a pale-green pocket vest, a black polo shirt, black cargo pants and black sneakers, the report said. He also wore yellow earplugs and black fingerless gloves on each hand.

The Bushmaster still had 14 rounds in its magazine and one in its chamber. Lanza also had several additional 30-round magazines for the Bushmaster, some spent and some still loaded, and a third gun, a loaded 9 mm Sig-Sauer pistol, which apparently was not used to shoot anyone.

The report released Monday said that the first police officer arrived at the school at 9:39 a.m., less than four minutes after the first 911 call. Lanza's final shot, killing himself, rang out at 9:40 a.m.

Lanza fired 154 rounds total, about half of the live ammunition he brought to the scene.

In the Civic, authorities recovered a 12-gauge Izhmash Canta shotgun, and two magazines containing 70 shotgun rounds.

Officers also found a rifle in the bedroom where Nancy Lanza died.

In all, police seized five guns that were “directly involved” in the killings. Nancy Lanza had bought them all legally.

Torey Van Oot, Daniel Macht, LeAnne Gendreau, Bob Connors, Ari Mason, An Phung, Sara Frazier and NBC News contributed to this report.



Photo Credit: AP

Family Disputes Gay Server's Story

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After a gay server at a New Jersey restaurant said a customer denied her a tip and wrote her a hateful note on the receipt, a local family contacted NBC 4 New York and said their receipt shows they paid a tip and didn't write any such note.

Dayna Morales, a former Marine and a server at Gallop Asian Bistro in Bridgewater, posted a photo on Facebook earlier this month, showing the bill with a line through the space for a tip. The photo of the receipt showed someone had written, "I'm sorry but I cannot tip because I do not agree with your lifestyle."

Morales indicated in her Facebook post, and in subsequent media interviews -- including with NBC 4 New York -- that the customer wrote that line.

But a family contacted NBC 4 New York claiming their receipt from the restaurant shows they did leave a tip, and provided what they said was a credit card statement as proof.

The husband and wife, who asked to remain anonymous, showed NBC 4 New York a receipt that appeared to be printed at the same minute, on the same date, for the same $93.55 total, except with an $18 tip. 

They also provided a document they said was a Visa bill, which appears to indicate their card was charged for the meal plus the tip, for a total of $111.55.

The couple told NBC 4 New York that they believed their receipt was used for a hoax. The wife says she is left-handed and could not have made the slash in the tip line, which she said looks to be drawn from the right.

"We've never not left a tip when someone gave good service, and we would never leave a note like that," the wife said.

The husband said he and his wife have both worked in restaurants and believe in the value of tipping, and noted that he didn't vote for Gov. Chris Christie because the governor doesn't support gay marriage.

"Never would a message like that come from us," he said.

Morales told NBC 4 New York on Monday that she was certain she did not receive a tip, and insisted the handwriting on the receipt was not hers. When asked if there had been some sort of misunderstanding, she said, "I don't know, all I know is what I've been saying."

A manager and the restaurant owner insisted they had the original ticket for the $93.55 charge, but would not produce the receipt for NBC 4 New York and could not explain why the family's credit card was charged for more.

The restaurant later said in a statement it was aware of the allegations and had no comment pending an internal investigation.

Whatever happened, the couple believes it may have begun with a misunderstanding.

They said they thought the hostess who sat the family told them their server would be "Dan," and when Morales showed up at their table, the wife exclaimed "whoa, you're not Dan."

Morales wrote in her Facebook post that the wife said, "oh I thought you were gonna say your name is Dan. You sure surprised us!"

According to the couple, the rest of the meal with their two children went fine. 

They said they came forward because the story of the receipt note didn't appear to be going away; Morales had recently announced that people were sending her tips from all over the world, and was donating some of the money to the Wounded Warrior Project.

"I just felt like people have a right to know that -- it's fine if people want to donate to her or to the Wounded Warriors, but they're doing it under a false pretense," the wife said.

Ex-Child Care Workers Arrested

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Two former Minnieland Academy at The Glen employees have been charged with abusing several toddlers in their care, Prince William County Police announced Monday.

Kierra Nicole Spriggs, 24, of Woodbridge and Sarah A. Jordan, 29, also of Woodbridge, were both charged with two counts each of cruelty or injury to a child and assault and battery.

Between January and August of this year, investigators say, Spriggs and Jordan allegedly assaulted and abused at least three children between the ages of 1 and 2 at the Woodbridge daycare.

Authorities began their investigation earlier this month after a report from the Virginia Department of Social Services claimed workers at the childcare facility stomped on children's bare toes, covered their mouths with blankets and sprayed them with full pressure hoses, among other alleged abuses.

Additional charges are pending.

Parents told News4's Northern Virginia Bureau they noticed changes in their children’s behavior during the time of the alleged abuse.

Shanna Greisen said before she pulled her 21-month-old son out of Minnieland, he dreaded going to daycare.

"He would just cry," she said. "He would throw himself on the floor, you know. Just, 'No, Mommy; no, Mommy'."

She also noticed her son’s new fear of water.

"He won't go in the bathtub," she said. "He won't go in the big bathtub... The only way we can bathe him is in the sink."

Minnieland says it fired the teachers involved. Minnieland has 55 locations in Northern Virginia.

"If something did happen, I just hope that it's exposed and there are appropriate consequences," Greisen said.

Minnieland COO Chris Schuster directed the Northern Virginia Bureau to a video posted by the company’s owners, Jackie and Chuck Leopold.

In the meantime, parents are consulting attorneys to determine whether they want to take legal action against Minnieland.

Stay with NBCWashington for more on this developing story.

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Obama Heckled on Deportation

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A University of California, Berkeley graduate who has been vocal about championing the rights of undocumented people heckled President Barack Obama on Monday during a speech in San Francisco's Chinatown on immigration reform.

Ju Hong, 24, of Alameda, who graduated with a political science degree last year from Cal, was standing behind Obama when he began shouting.

"I need your help. My family will be separated on Thanksgiving," he said. "Please use your executive order. You have the power to stop deportation."

Others at the Betty Ong Center in San Francisco joined Hong and shouted, "Stop deportation, yes we can."

RAW VIDEO: Obama Heckled in San Francisco

Obama firmly insisted that he does not have the constitutional power to bypass Congress on the issue.

When the Secret Service rushed in to whisk Hong away, the president said Hong could stay, and the audience cheered in response. Hong, who was born in South Korea, later told NBC Bay Area that he supported Obama but has been disappointed about his efforts on immigration reform.

"I respect the passion of these young people," Obama said, noting they're fighting to keep their families together. "But we're also a nation of laws, that's our tradition."

"The easy way out is to yell and pretend I can do something" without addressing the laws that require such deportations, he said. "It's not just a matter of us saying we're going to violate the law."

"Ultimately, justice and truth win out," Obama said.

MORE: President Obama Talks Immigration, Fundraises in SF, LA

"We look like the world -- you've got a president named 'Obama,'" the president said. "What makes us Americans is our shared belief in certain enduring principles, our allegiance to a set of ideas, to a creed, to the enduring promise of this country."

Hong, who came to the United States when he was 11, is currently a research assistant at Harvard University and serves on the DREAMer Advisory Committee at the International Institute of the Bay Area, according to his LinkedIn profile. Previously, he listed himself as an outreach coordinator at  the Asian Pacific American Labor Alliance, a legislative intern for San Francisco and a senator at Associated Students of the University of California.

Hong was the subject of a UC Berkeley Campus Life YouTube video in 2012, titled "Ju Hong, UC Berkeley Undocumented Student." It was produced by Cal in conjunction with a $1 million grant from the Evelyn and Walter Haas Jr. Fund for scholarships to go to undocumented students. At the time, UC Berkeley had 200 undocumented students from 20 countries.

In Hong's video profile
, he talked about how he had lived an upstanding life all the way through high school, earning a 3.8 GPA and participating in student activities, only to learn of his tenuous legal status while filling out college applications.

He said he spoke out publicly about his undocumented status because staying "silent would be worse."

NBC Bay Area's Cheryl Hurd contributed to this report.

PHOTOS: Obama Visits California




Photo Credit: Cheryl Hurd

Deer Bursts Through Shop Window

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A deer burst through the window of a frozen yogurt shop in New Jersey, causing $5,000 in damage as it slipped and slid around the store before it ran out, the owner says. 

The deer somehow broke into the front window of Peachwave Yogurt Store in Holmdel, N.J., on Oct. 14, according to the store's owner Alan Prachar. His daughter, Jen, was closing up at around 10 p.m. when she came face-to-face with it.

"I just didn't expect it to come through here," she said. 

Alan Prachar said the lights were being dimmed in the store and thinks that may be what attracted the unexpected visitor.

"Both the lights were off in the store and I think perhaps he saw his reflection in the window," he said. 

The bewildered animal proceeded to slide around on the floor as it went behind the counter and the dining area, knocking over chairs and furniture. An employee from a nearby business came to help, and the deer was shepherded out the emergency exit in the back.

"Luckily, I didn't think he was too hurt," said Jen Prachar. "Little cut, no limp." 

It wasn't immediately clear whether authorities were contacted after the deer ran out of the store.

Alan Prachar said insurance will foot the bill for damages caused by the deer. 

Meters Help Homeless

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Those red meter-like structures around town aren’t another way for the city to make money off you for parking.

They are part of an initiative from the Downtown San Diego Partnership to combat homelessness while also serving to discourage panhandling.

The meters, which are part of the group’s “Make Change Count” program, take donations from people looking to help out those less fortunate. Funds go directly to the Ending Homelessness Campaign, a non-profit that helps those in need by providing move-in kits, hygiene kits and job interview assistance. People can put change into the meters or donate with their credit cards, either at the meter or at the group’s website.

There are now 20 different meters around town, with another 15 planned for the start of the year.

“We want to encourage people to give responsibly,” said Kris Michell, president and CEO of the Downtown San Diego Partnership. “Over the holidays everybody wants to give. That money can be better utilized in targeted programs to get people off the street.”

The initiative is patterned after a similar program in Denver, which is in the midst of what it calls a Ten-Year Plan to End Homelessness. According to Michell, the Denver program reduced panhandling by nearly 80 percent.

“It was significant. And most importantly, it raised money to get people off the street,” she said.

The solar-powered meters were donated by Integrated Protection Services, a Carlsbad-based engineering company that specializes in parking meter technology. The goal is to offset future overheard costs by having sponsors pay the cost of meter purchases and installations, around $1,500.

The partnership also provides a Work Your Way Home program, which helps reunite homeless people with their families in exchange for community service. Michell said they have reunited almost 150 people with their families through the program.

“We all need infrastructure in life,” Michell said. “And the best way is through family.”

You can donate at the following locations or online:

  • Broadway Circle, Horton Plaza
  • 1st Avenue Entrance, Horton Plaza
  • 600 West Broadway, One American Plaza, Irvine Company
  • 101 West Broadway, Irvine Company
  • 225 Broadway, Irvine Company
  • 401 B Street, Irvine Company (Wells Fargo Building)
  • 1050 Park Blvd, Smart Corner
  • 1 Market Place, Manchester Grand Hyatt
  • 333 West Harbor Drive, San Diego Marriott Marquis & Marina
  • One Park Boulevard, Hilton San Diego Bayfront


Photo Credit: Matthew Wood

Fumes Sicken 20+ in High-Rise Bldg

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San Diego firefighters were called to a downtown high-rise building after more than 20 people reported feeling ill from breathing chemical fumes.

People working at 6th and B Streets started complaining of respiratory problems just before 1:30 p.m.

The epoxy resin being applied on the floor of the basement in the building sent fumes to the first and second floors, firefighters said.

As a result, employees of Ashford University started suffering nausea, water eyes or trouble breathing.

Ambulances and emergency personnel arrived to treat 21 people who were released. Three people were transported to a nearby hospital for further treatment.

“If you have some breathing problems, it can make your breathing problems worse,” said San Diego Fire-Rescue spokesperson Maurice Luque. “It affects different people different ways.”

Ashford University decided to close business for the day.

On the third floor there is a daycare with 100 children that were taking their naps. The air quality on that floor was fine so officials did not evacuate the children, Luque said.

 

More NBC 7 Stories:



Photo Credit: NBC 7 News

Judge Denies Bail in Bribery Case

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A San Diego judge denied bail for the Malaysian businessman who faces life in prison if convicted of bribing high-ranking Navy officials.

On Thursday, a federal judge initially granted Leonard Francis a $1.1 million bond as he awaits trial on three cases alleging bribes of travel and prostitution in exchange for classified information.

The man known in the U.S. Navy as "Fat Leonard" would be required to live on the top floor of a multi-story apartment or condo building monitored by closed-circuit security cameras. Francis must be monitored around the clock by a GPS tracking system.

The judge is also requiring Francis hire and pay for an independent, 24 hour guard service.
Federal prosecutors say Francis is a foreign national with no ties to Southern California and has the financial means to jump bond and flee.

Read: Francis Granted Release

Court documents show prosecutors believe Francis could easily make the 16 mile trip to the U.S.-Mexico border and flee to another country.

“For Defendant, who was able to corrupt high-ranking Navy officials into violating their sworn duties, finding a way to buy 15 minutes would be child’s play,” prosecutors argued.

At a hearing Monday afternoon Judge Janis Sammartino overturned the magistrate's order and ordered Fat Leonard to remain in federal jail at least until his trial.

Read Court Docs: Prosecutors Appeal Bail Decision

Court documents show through text messaging contacts within the U.S. Navy, Francis successfully redirected nuclear-powered destroyers and aircraft carriers along with their support ships to ports his company controlled.

Glenn Defense Marine Asia Ltd., or GDMA, would profit millions from inflated prices for fuel, food and other services it provided, the prosecution alleges.
 

More NBC 7 Stories:

 

California Thanksgiving Getaways

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Give yourself a holiday that will really leave you saying "Thanks."

Photo Credit: Sagrada Wellness

Plane From SD Hits Bird

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A Delta flight headed to Salt Lake City collided with a bird today, causing the plane to return to Lindbergh Field.

Flight 2078, which took off at 4:27 p.m., landed safely back in San Diego at 5:11 p.m. and fire department units were clearing the scene after the flight staged for a potential crash landing. There was no damage to the plane and no impact to operations or other flights.

There is no word yet if the airline’s scheduled service will continue to Salt Lake City tonight.

This is not the first time there have been bird encounters with San Diego flights. The FAA reports a total of 45 strikes at Lindbergh Field last year. This is the 29th strike so far this year.

Mario Caldera with the San Diego County Regional Airport Authority said the number of bird strikes are tracked three different ways.

“It's tracked by the airport operator, by the FAA, as well as the airline,” Caldera said. “We all participate in tracking bird strikes. Usually we'll receive a call from an air traffic controller about a pilot report of a bird strike either in the vicinity of the airport or actually on the runway.”

Caldera says there have been no reported injuries or fatalities related to strikes at Lindbergh Field and that other major airports see hundreds of strikes per year.



Photo Credit: NBC 7 San Diego

Teen Assassin Might Be Back

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A San Diego-born teenager who confessed to killing four people in Central Mexico is about to be released from a Mexican juvenile detention center and could be heading back to the United States when his sentence is complete on Dec. 3.

Edgar Jimenez Lugo was only 14 years old when he was arrested in 2010 for beheading four people. The case received intense media coverage, given his age and the horrendous crimes he admitted to committing.

He is serving three years in prison, the maximum amount for a juvenile in Mexico. He claims he was drugged and threatened by a drug cartel to carry out the acts and feared for his life.

According to news reports, Lugo's family and the governor of Morelos -- where Lugo served his time -- want him to come to the United States when he is free.

“It’s just a shame. There’s really not an upside for this man,” said U.S. criminal defense attorney Michael Pancer, who is not working on this case. “The hope would be now when he gets back to the United States he gets some kind of counseling and help.”

Jimenez, a U.S. citizen, would have no legal obstacles if he returns to the country, according to Pancer. But he could face more dangerous obstacles, Pancer said.

“If he was working for one cartel, then you might wonder about other cartels trying to take some kind of action against him,” he said. “So certainly getting him out of Mexico is the appropriate thing to protect his safety.”

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