A woman died in La Jolla Tuesday after being hit by a vehicle while unloading her own car in a small parking lot, police said.

The deadly accident happened just before noon in the 7700 block of Girard Avenue, across the street from Nosh Delicatessen and Orange Theory Fitness.

San Diego Police Department Sgt. Joe A. Benavidas said the victim was in the process of unloading her car when an elderly driver backed out of a nearby parking spot on the west side of the street, crossed into the other side and rammed into the woman.

The victim was then pinned between the moving vehicle and the back of a parked car, officials said.

The woman was taken to a local hospital but died on the way there.

Benavidas said the driver remained on scene and was being questioned by police. The fatal crash is under investigation, but speed likely played a factor, he said.

Benavidas said investigators believe the victim was on her way to a coin shop in the area, as she had unloaded a box of coins from the trunk of her car before the accident.

Her name has not yet been released, pending notification of her family. Benavidas said the victim was in her mid-40s.

San Diego police officers shut down traffic on Girard Avenue for several hours after the accident.
 

San Ysidro Elementary School District teachers will strike Wedneday after last-minute negotations between the district and teacher's union failed Tuesday night, a teacher confirmed to NBC 7.

The meeting ended shortly after 7 p.m. after the two sides could not come to an agreement.

“Unfortunately, we are running out of time, and we can't walk out of that room without something signed,” said Judith Crespo, a teacher at Smythe Elementary. “Then there will be a strike tomorrow in San Ysidro, and it’s a tragic day.”

All the district's schools will be open like normal through the strike, according to a statement from Interim Superintendent George Cameron.

"The District had anticipated the possibility of a strike and has hired fully qualified and experienced substitute teachers to teach a quality curriculum to our students," read Cameron's release.

He says pre-school and after-school programs should operate as usual, as should school bus services. The district has added security to make sure people stay safe on campus, Cameron pointed out.

Teachers rallied outside every school in the district Tuesday morning, handing out neon-colored fliers to parents and holding signs that read, “I don’t’ want to strike, but I will.”

Negotiations began at 9 a.m. Tuesday.

San Ysidro teachers say they’re facing a 6.5 percent pay cut and some of the worst health benefits in the county. They're also calling for smaller class sizes and more manageable workloads.

However, district officials say they're dealing with a financial crisis. Interim Superintendent George Cameron, Ed. D., says the district is in negative certification, meaning its finances so bad that the San Diego County Office of Education has to oversee its spending

“Any settlement we reach with the teachers is going to have to take that into account,” Cameron said.

The union’s decision to strike Tuesday comes after months of talks and what teachers call “disrespect” from the district. The teachers accuse of the district of lying about its budget and even bullying them. The district argues it respects and supports its teachers, but needs to face financial reality.

According to Transparent California, the median teacher in the San Ysidro Elementary School District received $80,259.86 in total pay and benefits in 2013.

Check back for updates on this developing story.

A black bear cub found dead in Central Park Monday appears to have been hit and killed by a vehicle, officials say.

The 6-month-old female cub died of blunt force trauma consistent with a motor vehicle collision, according to the state Department of Environmental Conservation, which conducted the necropsy in an Albany lab. 

The DEC says it's continuing to investigate. Potential environmental law violations include illegal possession, transport and disposal of an untagged bear, officials said.

A dog walker found the dead bruin in the brush near West 69th Street and West Drive shortly before 10 a.m. and notified a Central Park Conservancy worker, who called police.

"Whenever any wildlife is hurt or harmed we are upset about it," said Elizabeth Kaledin, a spokeswoman for Central Park Conservancy. 

The panicked son of Bell Gardens Mayor Daniel Crespo told a 911 dispatcher his mother "was defending herself" when she fatally shot her husband last week, according to an emergency call obtained by NBC4 on Tuesday.

In the call, Crespo's son can be heard crying as he tells the dispatcher what happened.

"My parents got in an argument, and there were shots fired," he tells the dispatcher.

The 45-year-old mayor was shot Sept. 30 at the family's condominium in the 6300 block of Gage Avenue. Authorities say Crespo's wife, Lyvette, 43, shot him multiple times after he punched their 19-year-old son, Daniel Jr., in the face.

"Okay, where is your friend, the one that got shot? Where is he at?" the dispatcher asks in the 911 call.

"It's my father. He's in the house, OK? It wasn't my mom's fault," Daniel Jr. replies. "She was defending herself."

When the dispatcher asks where his mother is, he replies, "She's upstairs, she's crying... The gun is on the floor upstairs. Please get here."

After the shooting, Daniel Jr. and Lyvette Crespo were questioned by police for several hours, but both were released that night. Lyvette Crespo remains free as authorities investigate the shooting.

No charges have been filed as of Tuesday.

Lyvette Crespo's lawyer describes her as a longtime victim of domestic violence, but her brother-in-law says the allegations shocked him and he feels conflicted about what happened.

"He loved (his family) more than life. He loved his wife a lot, he always loved his wife," William Crespo told NBC4 last week.

"If it was that, she should've called 911. She shouldn't take matters into her own hands. She's not the cops," Crespo said in a separate interview. "I love her; I still love her. She's still my sister-in-law; I'm always going to love her."

Claudia Osuna, the attorney for children Daniel Jr. and Crystal, said the brother and sister had a difficult life at their Bell Gardens home.

"Right now, the children stand behind their mother. They are grieving the loss of their father, and they will cooperate — specifically, Daniel will cooperate — with law enforcement," Osuna said.

The shooting stunned the community of Bell Gardens, where residents described Crespo as a friendly man who "just helped so many people."

A San Diego federal court ruling clears the way for a family’s civil lawsuit alleging excessive force was used by U.S. Border Patrol agents and supervisors in the death of a man while in custody.

Video shows Anastacio Hernandez Rojas, 42, surrounded by over a dozen federal officials on May 28, 2010 moments before his death.

The witness cell phone video is central to the civil lawsuit that claims Rojas was beaten and shot with a Taser while his hands were handcuffed behind his back and he was face-down on the ground.

In pretrial depositions, two defendants recalled hearing Rojas scream “ayuda me” which means “help me” while a federal agent beat him with a baton.

The details from those depositions were included in the judgment signed Sept. 29 by United States District Court Judge M. James Lorenz.

In his ruling, Lorenz denied summary judgment and ordered the civil lawsuit filed by Rojas’ widow, Maria Puga, and her family to move forward.

The lawsuit claims U.S. Department of Homeland Security employees violated Rojas First Amendment, Fourth Amendment and 14th Amendment rights.

U.S. Customs and Border Protection Agents Jerry Vales and Alan Boutwell, Customs and Border Protection Officer S Kurt Sauer, U.S. Border Patrol Agents Gabriel Ducoing, Philip Krasielwicz and L Derrick Llewellyn, Immigration Enforcement Agents Andre Piligrino and Harinzo Narainesingh are named as defendants in the suit.

Supervisors Ishmael Finn, Guillermo E. Avila and Edward C. Caliri with the U.S. Border Patrol and Custom & Border Protection Supervisor Ramon DeJesus may also be held accountable in the case because they did not intervene, the suit claims.

Rojas and his brother were apprehended by U.S. Border Patrol agents near the U.S.-Mexico border south of San Diego.

Arresting officials said Rojas was uncooperative and defiant as agents and officers took him to the Border Detention Facility and that the use of force was justified.

Agent Ducoing is accused of repeatedly kicking the insides of Rojas’ ankles. When Rojas complained of mistreatment and asked for medical aide, the suit alleges that Finn ordered agents Ducoing and Krasielwicz to take Rojas to the border and deport him without following standard procedures.

It was at this point that ICE agents Piligrino and Narainesingh allegedly used batons to strike Rojas and Llewllyn is accused of punching him repeatedly.

The five federal officials “punched, kicked and stepped on Anastacio’s head and body,” the lawsuit claims.

When members of the public gathered to record the incident, DeJesus is accused of confiscating phones and erasing images and videos.

Two other supervisors, identified in court documents as Avila and Caliri, are accused of hearing Rojas’ cries for help but not intervening.

Rojas suffered injuries to the face, forehead, neck, stomach, hands and lower legs as well as five broken ribs.

The medical examiner ruled Rojas’ death a homicide, but also said Rojas had methamphetamine in his system and had a heart attack.

In response to the ruling officials with U.S. Customs and Border Protection said, "In order to preserve due process CBP cannot comment on pending litigation cases.”

State Route 163 will shut down overnight twice this week as crews continue  work on the Cabrillo Bridge that spans the freeway.

From Wednesday at 10 p.m. to Thursday at 5 a.m., Caltrans will close SR-163 from Interstate 8 to the Cabrillo Bridge as falsework there is removed.

That closure includes the westbound and eastbound off-ramps from I-8 to southbound SR-163. The Robinson Avenue on-ramp, Washington Street on-and off-ramps and the University Avenue off-ramp will also be shut down.

Starting Thursday night at 10 p.m., SR-163 will be closed from downtown San Diego to Washington Street. That shutdown will end Friday morning 5 a.m.

The northbound and southbound connectors from I-5 to northbound SR-163 will be closed at that time.

To avoid the closures from downtown, Caltrans recommends driving north on 11th Avenue to northbound I-5, getting onto eastbound I-8 and then accessing SR-163 in both directions.

The Cabrillo Bridge acts as a gateway into Balboa Park from Mission Hills.

Its renovation project, which started last year, replaced deteriorating concrete and steel to make the 100-year-old bridge stronger in case of an earthquake. The city is set to finish work inside the structure in early 2015.

In June, the bridge reopened to traffic after a five-month closure.

A San Diego County Sheriff’s Department deputy was seriously injured in a motorcycle crash on State Route 94 Tuesday morning, officials confirmed.

The department said the deputy – Michael Alcarion, 28, who is assigned to downtown courts – was on his way to work, riding his motorcycle on westbound SR-94 near Euclid Avenue just after 7 a.m. when he struck the right rear of a Nissan Titan.

The deputy lost control and was ejected from his motorcycle. California Highway Patrol officials said the deputy was then run over by a Peterbilt truck, sustaining major injuries.

Alcarion was transported to Scripps Mercy Hospital. His current condition is unknown.

The accident is under investigation, with CHP officials trying to determine the motorcyclist’s rate of speed at the time of the crash.

The sheriff’s department said Alcarion has been with the department for just over one year.
 

The mother of a Vermont 13-year-old who died in August and her boyfriend are charged with the boy's murder, accused of putting alcohol in the IV bag that had been keeping him alive.

Melissa Robitille and Walter Richter III, both 38 and both of Hardwick, were arrested on second-degree murder charges Tuesday.

Police say Robitille had called police on Aug. 22, saying she had found her son, Isaac, who was born with serious medical issues, dead that morning.

A toxicology report found that Isaac Robitille's blood-alcohol content was 0.146 percent, nearly double the 0.08 legal limit for adults driving in the state of Vermont.

Alcohol was listed by the Vermont Office of the Chief Medical Examiner as a contributory cause of death. The manner of death was determined to be homicide.

NECN will have more as this story develops.

A "Halloween Hit List" made by a student at Malibu High School that was the focus of an investigation concluded Tuesday, turned out to be a list of people he planned to "egg," the Sheriff's Department said.

The list was discovered Monday and did not include a specified threat, Principal Dave Jackson said in a letter to parents, but included student names. Sheriff's spokeswoman Nicole Nishida said the 13-year-old 7th grader had specifically named 15 students.

“We found the student and the list. We have taken appropriate school action, and the sheriff’s department is also involved,” Jackson wrote.

Sgt. John Skikas of the Los Angeles County Sheriff’s Department’s Malibu station said Tuesday the student was not arrested and that deputies determined during the investigation that he posed no physical threat to stuents.

No weapons were found in the boy's home, and there was no evidence he planned to harm anyone.

The student is being monitored by his family and a juvenile team, Skikas said.

The student’s parents are cooperating, and the school administration believes the campus is safe. The student was suspended for five days.

The 31 emaciated and neglected horses rescued from a Valley Center property in August are health enough for adoption, County Animal Services announced Tuesday.

The animals were seized along with three llamas and four miniature cattle on Aug. 23. Many of the horses were hundreds of pounds underweight and were walking on deteriorating hooves, according to animal control officers.

One of the horses was pregnant when taken from the Valley Center stable. While under county veterinarian care, she gave birth to a foal one week after the rescue.

After more than a month at county facilities, the horses have regained their weight and are ready for new homes.

The saved horses, as well two others from an earlier seizure, will be up for silent auction on Saturday, Oct. 11 at 10 a.m. at the county’s Bonita facility, 5821 Sweetwater Road.

Those who want to buy a horse have to complete an adoption application and turn it in to the Bonita location before the auction.

Bidding for each horse starts at $100. Three mares and their foals will be auctioned as pairs for the same minimum bid.

Winners will be notified by 1 p.m., and the county says they will need to arrange transportation for the horses no later than 5 p.m.

A separate, sealed bid auction will be held for the llamas and miniature cattle, as well as four other horses from a separate rescue. County officials will take sealed bids for each animal at Saturday’s Bonita auction, and the bids will be opened Oct. 12.

To check out available animals, you can visit the County Animal Services location in Bonita from 9:30 a.m. to 5:30 p.m. Tuesday through Friday, Oct. 10.

You can also see photos of the rehabbed horses at the department’s website.

A investigation is still underway to determine if the Valley Center animal owner will face criminal charges for the neglect, animal services says.

Firefighters mopped up hot spots Tuesday afternoon after a fire grew to two acres in Rancho Santa Fe Tuesday, according to Cal Fire officials.

The flames started spreading through medium fuels at about 1:45 p.m. near the 17800 block of Camino de la Mitra, southeast of the Bridges golf course. The charred area is north of Del Dios Highway and the San Dieguito Reservoir.

Firefighters say the fire was burning near SDG&E power lines, but no structures were threatened and no evacuations were ordered.

There is no word on what caused the fire.

Dozens of searchers and family members are not giving up on the search for a 75-year-old woman with Alzheimer’s disease who vanished from a Julian Campground three nights ago.

Authorities on Tuesday were following up on a report of a possible sighting of Sally Estabrook as well as bringing in additional searchers and using search dogs to hunt for her.

On Tuesday evening, there was still no trace of Estabrook, the mother-in-law of Dave Mustaine, the frontman for the heavy metal band, Megadeth.

Mustaine said family was still holding out hope she’d be found safe.

“We’re just praying that she’s safe wherever she’s at. Praying for the husband Bob – he’s really shaken up,” Mustaine said. “She does have severe Alzheimer’s, so we don’t know what could have possibly happened. We’re preparing for the worst, but hoping for the best.”

Mustaine’s daughter, Electra, tweeted out her pleas on Tuesday for the continued efforts.

This is another picture of Sally Estabrook. She's my only blood grandparent I have left... Please help us find her😣 pic.twitter.com/Of1MXuT1Q6

— Electra Mustaine (@electramustaine) October 8, 2014

She also touched on the devastating effects of Alzheimer’s disease.

My gorgeous nana, Sally Estabrook, christmas morning 2010--before Alzheimer's took her memory. #FINDACURE #FindNana pic.twitter.com/3nlZE0faza

— Electra Mustaine (@electramustaine) October 7, 2014

Estabrook, who lives in Bonsall, was last seen around 4 p.m. Saturday at the Pinezanita RV Park & Campgrounds on Highway 79. The woman’s husband said he finished taking a shower and realized she was gone.

She was last seen wearing a teal top and white capri pants.

Anyone who sees Estabrook is asked to call 911.
 

A former Navy SEAL accused of stealing more than $1.1 million from other SEALs wants to change his plea.

In September, Jason Mullaney pleaded guilty to stealing from 11 active duty and retired SEALs and family friend as part of an investment scam.

Mullaney was scheduled to be sentenced on Tuesday. Instead, Mullaney’s attorney said his client has had a change of heart. The former SEAL told the judge he wanted to withdraw his guilty plea in the case.

The defendant allegedly used a company he started called Trident Financial Holdings & Acquisitions LLC to swindle people out of more than $1.1 million.

Both Mullaney’s family and several of his alleged victims were in court Tuesday. The victims prepared statements for the judge, but did not plan to speak.

“None of them want to speak (but) the consensus is that the Navy SEAL community has been embarrassed enough,” said Deputy District Attorney Hector Jimenez.

NBC 7 is told Mullaney is changing attorneys. He is being held in the Veterans’ Ward at the Vista Jail.

His next court appearance is scheduled for Nov. 3 when the judge will hear his petition to withdraw his guilty plea.

A police standoff at an Englewood neighborhood apartment building ended Tuesday night with one suspect dead and another in custody several hours after a police captain was shot while trying to execute a warrant.

The standoff at the building in the 7200 block of South Lowe Avenue ended at about 11:30 p.m., but police did not identify who was killed. 

Capt. Ed Kulbida was shot at around 5:30 p.m. while helping U.S. Marshals serve an arrest warrant on a man wanted in connection with a triple shooting in Indiana over the weekend. The 58-year-old police captain suffered gunshot wounds to his head and shoulder and was listed in stable condition at John H. Stroger, Jr. Hospital of Cook County. He was not expected to undergo surgery.

Chicago Police Superintendent Garry McCarthy said officer was likely grazed from the same bullet.

"The most important part is that he's in great spirits, he's surrounded by family and he's gonna be OK," McCarthy said.

Sources told NBC Chicago the 29-year veteran was serving an arrest warrant on Daniel Brown, 42, who was wanted for a triple shooting in Indianapolis over the weekend and was believed to be staying with his sister. The source said Brown was armed with a 40-caliber weapon. 

McCarthy said there was a gun battle with at least one individual in the building.

Indianapolis NBC affiliate WTHR-TV reported that Brown (pictured, right) was accused of shooting his fiancée's friend, carjacking a vehicle and later shooting another woman and man on Saturday.

Around 100 officers converged on the Englewood neighborhood following the shooting, along with several armored vehicles.

"It's a very complicated layout of this apartment complex. It took us awhile to get civilians out of the actual location," McCarthy said. "The scene is secured, all the civilians have been removed and there may be two individuals inside the apartment. We're not positive at this point."

Several rounds of automatic gunfire were heard coming from the building earlier in the evening.

Several police officers converged outside Stroger Hospital Tuesday evening, where the captain is being treated. Mayor Rahm Emanuel was also seen at the hospital.

Some of the residents in the area were allowed back into their homes.

The incident created some headaches for commuters as Metra's southwest line was shut down for several hours.

The NYPD says one police officer has been suspended without pay and another has been placed on modified duty after a video surfaced of them punching and hitting a 16-year-old drug suspect in the face with a gun in Brooklyn while the teen had his hands up to surrender.

The surveillance footage, which was originally obtained by DNAInfo.com, shows the officers catch up to the teen after a brief chase in Bedford-Stuyvesant. As the suspect stops running one officer throws a punch at his face. Then the other officer hits him with his gun after the teen raises his hands in the air.

The teenager was arrested Aug. 29. Prosecutors said the teen ended up pleading guilty to disorderly conduct and was released. 

But the teen's lawyer said officers had no reason to stop him in the first place.

"My client was leaving a friend's apartment, he committed absolutely no crime, he did absolutely nothing wrong, and these officers decided to chase him," said Amy Rameau. "They chased him and they brutalized him."

"You don't get to stop anyone you feel like stopping in the streets when there's no probable cause," she said. 

The two officers, who are from the 79th Precinct, are being investigated by the NYPD’s Internal Affairs Bureau and Brooklyn District Attorney Kenneth Thompson.

"What's depicted on this video is troubling and warrants a thorough investigation," Thompson said in a statement.

A police union official, Patrick Lynch, called the video misleading because it doesn't show how the teenage suspect was caught with drugs and tried to get away.

"As usual, the video fails to capture the offense that resulted in police action or the lengthy foot pursuit that culminated in the arrest," Lynch said. "Situations like this one happen in real time under great stress. It's very easy to be judgmental in the comfort of an office while sitting in front of a video screen."

Rameau said she plans to file a federal civil rights lawsuit against the NYPD and the officers.

-- Stacey Bell contributed to this report. 

New green will grow from the Coronado site where four sugar gum eucalyptus trees are being uprooted, much to the chagrin of residents who call the trees “old friends.”

The Coronado City Council voted Tuesday to replace the trees along E Avenue with lemon-scented or sugar gum eucalyptuses.

Two of the trees slated for removal have already come down, while two others will be chopped later this month. Mourning signs posted to the trees read "Today is a sad day for E Avenue! Farewell our gentle giants..."

A city-contracted arborist found disease in the trunks and reported they were at significant risk to fall, leaving the city open to a lawsuit should a collapsing branch injure someone.

Even admirers begrudgingly admitted the towering plants pose a problem.

“The shallow roots are very bad on eucalyptus trees. And if a big wind comes, they're down,” said Coronado resident Loie Wilkens.

The city council decided to remove the trees in a closed session over the summer, infuriating people who wanted a voice.

Late last month, Coronado local Dan’l Steward spent more than 24 hours living in one of the eucalyptuses to protest its chopping.

The city says it started to re-evaluate the future of the newly treeless spots after it received a letter from a concerned neighbor.

Most in the area agree the tree-lined look is part of the thoroughfare’s appeal.

“I come up here and specifically walk down this street because it's unique in Coronado and the trees are beautiful,” said Tom Campbell.

Now, tree-enthusiasts like Wilkens and Karen Knudsen are taking a final tour down E Avenue to say goodbye.

“These have been here for so, you said what, over a hundred years, so they're like old friends,” said Knudsen.

A flag outside the Blue Hills Fire Station in Hartford, Connecticut is flying at half-staff to honor a firefighter who was killed and three others who were hurt while battling a massive blaze on Tuesday night in the city's North End.

The injured first responders were rushed to Saint Francis Hospital, where one was pronounced dead, Hartford Fire Chief Carlos Huertas said at a Tuesday night news conference. Hartford police were still on scene on Wednesday morning and the road remains blocked off in the area.

According to state records, the last time a Hartford firefighter died while extinguishing a fire was in 1974.

Authorities have not publicly identified the firefighter who died, but said he was a 48-year-old Hartford native and six-year veteran of the fire department.

"Our hearts are extremely heavy at this time with the knowledge that these brave men and women risk their lives every day to protect our city," Hartford Mayor Pedro Segarra said at the media briefing. "The simple acceptance of that responsibility on its own terms makes them heroes."

A second injured firefighter was transferred to Bridgeport Hospital with burns to over 10 percent of his body, according to Segarra. Although his injuries are serious, he's expected to survive.

Two other firefighters remain in stable condition at Saint Francis Hospital, authorities said.

Flag at Blue Hills Fire Station is at half staff pic.twitter.com/szmM67K23y

— ilana gold (@ilanagoldNBC) October 8, 2014

According to Huertas, the two-alarm fire broke out at 598 Blue Hills Avenue around 6:30 p.m. An ambulance arrived shortly thereafter, and one firefighter was strapped to a stretcher, still conscious.

Thick black smoke poured from the two-story home, and neighbors recorded cellphone video of flames shooting through the windows.

A woman whose daughter lives in the burned house said she watched one of the firefighters jump out. The pastor of the homeowners' church group arrived to pray for the families involved and said everyone made it out safely.

Segarra spent the evening at Saint Francis Hospital comforting the family of the firefighter who lost his life.

"I have been with the family of the deceased firefighter for the last several hours and I can tell you that the suffering and the grief is indescribable," Segarra said at the press conference. "I want you to know that this gentleman is a true hero and he will never be forgotten."

Our thoughts and prayers are with the brave men and women of the HFD who risk their lives to keep our city and our families safe.

— Mayor Pedro Segarra (@HartfordMayor) October 8, 2014

Blue Hills Avenue was blocked off for several hours near the intersection of Litchfield Street. Authorities have not elaborated on the details or speculated about the cause.

"Our entire department is grieving but there will be no loss of service. What is important to understand is that one firefighter lost his life saving others," Huertas said, fighting tears.

The flames forced out two families, who are receiving housing help from the Red Cross, according to Huertas. Grief counseling will be available to those affected.

"Tonight's tragic events are another reminder of the incredible sacrifice that our state's first responders make on a daily basis," Gov. Dannel Malloy and Lt. Gov. Nancy Wyman said in a joint statement Tuesday night. "Our thoughts and prayers are with the family of the hero we lost tonight and those who were injured in the line of duty in our capital city."

Officials said the fire is under state and federal investigation.

Deepest sympathies to our city heros and strong family at the Hartford Fire Department. pic.twitter.com/JWESDvFrED

— D/C Foley (@LtFoley) October 8, 2014

Candles left unattended caused the fire at a Queens home that killed two young brothers Monday night, officials said Tuesday.

The boys, identified as 6-year-old Andrew Kavanagh and 11-year-old John Kavanagh, were found in cardiac arrest on the second floor of the Tioga Drive home in St. Albans after the flames were doused around 8 p.m. They were pronounced dead at a hospital.

Fire officials said the blaze began in a sofa in the first floor living room; a candle was found melted to the floor nearby. The flames spread to the second floor, where other candles were found. Witnesses told officials the family used candles in prayer ceremonies, according to the FDNY.

There were no smoke detectors on the first or second floors of the home and the ones in the basement failed to activate, officials said.

"All too often our members respond to fires where our children are victims," said FDNY Commissioner Daniel Nigro. "Our mission is to make certain all New Yorkers learn from this tragedy and obtain a working smoke detector for their home."

Neighbor Orlonza Saunders, who was also inside the house at the time, suffered minor injuries when he jumped from a third-floor window to escape the smoke.

His arm was still bandaged Tuesday from cuts he got while breaking down glass as he escaped his smoke-filled apartment. 

Saunders said police told him John Kavanagh was found holding his younger brother Andrew under a bed on the second floor. 

He said the boys' mother, Marie Policard, had told him: "I always told him to protect his little brother." 

Policard's co-workers from a nonprofit agency that assists the developmentally disabled showed up at the home Tuesday to create a makeshift memorial with flowers, unlit candles and stuffed animals. 

"She lost her heart. That's all she worked for, her sons," said Vincent Davis. "That's all she talked about, her two boys." 

Authorities say the boys were left home alone while Policard was at work. She's not expected to be charged, police said.