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SAN DIEGO, Calif. (KGTV) - A former assistant at a local nursing home is accused of raping a disabled patient. In a story that you'll first see on 10News, Team 10 investigative reporter Jennifer Kastner discovered the patient was a stroke victim who uses a wheelchair. What may have happened behind the walls of the Paradise Hills nursing home is difficult to process. An accusation of rape seemed to have slid under the radar for almost a year, until now. It was a few months ago when 10News was tipped off about Reo Vista Healthcare Center, which touts being named one of Newsweek's top nursing homes and having a Medicare 5-star rating.This week, San Diego Police confirmed that detectives referred the case to the District Attorney's office, which is charging 26-year-old Ariel Chavarin-Camargo with forcible rape and a "lewd act upon a dependent adult by a caretaker". He is now sitting in a South Bay jail. According to state documents, it happened last February to a 58-year-old woman who uses a wheelchair and was living in the nursing home after suffering from a stroke and panic disorder. The documents report that the morning after the alleged assault, she reportedly came "crying" to a nurse, claiming that the night before, when she was returning from the kitchen and on her way back, "one of the CNAs (Certified Nursing Assistants) stated that one of her breasts was exposed." According to the documents, he “followed her and he exposed his private parts to her". She reportedly said, "the CNA raped her" for up to three minutes. A forensic exam reportedly found male DNA in her private area. According to the documents, when he was later questioned, he suggested that she came onto him but admitted "it happened” and “there was penetration". He reportedly said, "I feel bad. It happened so fast." Prosecutors believe that man is Chavarin-Camargo. He resigned after the reported rape. The administration of Reo Vista Healthcare Center sent 10News the following statement on Tuesday."We are grateful to local law enforcement and the District Attorney’s Office for successfully prosecuting this individual for their crime. Our team took immediate steps last February to suspend the individual, to notify, and to fully cooperate with authorities. We take all matters regarding patient safety and the conduct of staff seriously. Moreover, the actions of this individual do not reflect the values we hold at our facility. Our priority remains to provide the highest level of care for the patient and their families." Chavarin-Camargo’s next court hearing is scheduled for February 11th. 2603

SAN DIEGO (KGTV)- It was a battle over workers rights at a rally downtown Thursday. Assemblywoman Lorena Gonzalez directly addressing the group against her proposed Assembly Bill. Assembly Bill 5 would affect any independent contractor including Uber and Lyft drivers, yoga teachers even hairdressers. The group at Thursday’s rally was made up mostly of adult entertainers. “I’ve been doing fine I like the freedom to educate myself and if someone’s going to stop me from that I want to do something about that and voice my opinion," one woman told 10News. The bill would make many independent contractors full time employees, forcing employers to provide overtime, health care and sick leave. Assemblywoman Gonzalez rebutted the group today. "There’s nothing in the law that says an employee has to work from 9 to 6. Any employer can tell you to work two hours, one hour, any hours you choose. There’s nothing in the law that says an employer can’t be flexible.”Some say they don’t want it because they prefer the flexibility and freedom to decide hours that comes with independent contracting. 1104

San Diego (KGTV)- Family members of a man shot and killed by police in El Cerrito are demanding answers. Witnesses told police they saw the man swinging a shovel at officers before shots were fired. The family says the man had a mental illness. The aunt who called police Saturday night tells 10News she called 911 so officers could help get her nephew to a mental health facility. “We all call police for help,” says Grace Carolino. She says she’s still in disbelief that her cousin was shot and killed over the weekend. “It’s really bothering our family what happened because he’s not a threat.”Police said when they arrived at the home on Adelaide Avenue the man resisted arrest. Officers used a taser on the man. Witnesses say the man was swinging a shovel at police. Then another officer fired shots. “I can not imagine how the police officer used deadly force,” says brother Anthony Carolino. According to the District Attorney’s office, between 1993 and 2017, 79 percent of officer-involved shootings had some evidence of drug use or mental health concerns. Just last week, Governor Newsom signed a new law requiring officers to use every non-lethal option. But the Carolino family says that wasn’t the case over the weekend. “We have the taser; we have the pepper spray, we have the canine unit, we have a police negotiation team. Those things are not here.”The family says they are hoping this doesn’t happen to another family. 10News reached out to the San Diego Police Department to ask if they were aware of the man’s mental illness, the time frame of when the taser and gun were fired and how long officers were there before the shooting. We are still waiting to hear back.  1735

SAN FRANCISCO (AP) — A suspect was arrested in a 1970s-era killing in California after investigators used the same advanced DNA testing that helped crack the Golden State Killer case, authorities said Thursday.John Arthur Getreu, 75, was arrested on suspicion of sexually assaulting and strangling 21-year-old Janet Ann Taylor in March 1974, the San Mateo County Sheriff's Office announced.Taylor was last seen alive attempting to hitchhike from Palo Alto to her home in nearby La Honda. Her body was found along a busy street.Getreu was already in custody in Santa Clara County after being charged last year with sexually assaulting and strangling Leslie Perlov, another 21-year-old woman, in 1973.Investigators previously believed the killings of Perlov and Taylor were connected. But their cases had gone unsolved until DNA testing evolved enough to deliver credible results from the degraded DNA collected at both killing scenes.Authorities in both counties submitted DNA samples to the same publicly available DNA database used to identify Joseph DeAngelo, who authorities believe is the Golden State Killer.Getreu was linked to both killings after the testing connected him to both crime scenes, investigators said.In the Golden State Killer case, investigators used DNA from the attacks to locate a relative of DeAngelo then turned to traditional techniques to find the suspect.Authorities have linked the Golden State Killer to 13 attacks of women throughout California between 1974 and 1986."Law enforcement is not giving up on victims," Assistant San Mateo County Sheriff Gregory Rothaus said at a news conference on Getreu in Redwood City. "We have new DNA technology that is a great tool for us."Santa Clara County court records show Getreau is represented by the county's public defender's office, which didn't return a call.Getreau has not yet been appointed a lawyer in San Mateo County. 1910

SAN DIEGO, Calif. (KGTV) - Nearly six years after it passed, Proposition B will be in front of two courts this week, with the future of San Diego pension reform on the line.Prop B was on the ballot in June of 2012 and passed with 65% of the vote. It promised to solve San Diego's pension crisis by giving new City hires a 401(k) style retirement plan instead of a pension. The change went into effect for all city hires except police officers.Since then, it's been mired in legal challenges.Shortly after it passed, union leaders sued, arguing that any changes to union employment agreements have to be negotiated first before they're placed on a ballot. They said that then-Mayor Jerry Sanders violated that rule when he openly campaigned for the Proposition in 2012.In 2015, the State Labor Board agreed with the union claims.That ruling went to the California 4th District Court of Appeals, who overturned the Labor Board's findings in 2017.In 2018, the State Supreme Court reversed the 4th District's ruling. The Supreme Court sent the issue back to the lower courts to decide what an appropriate "remedy" would be to Sanders' improper campaigning."They did not say 'Overturn Prop B.' They could have," says Reform California's Carl DeMaio, who wrote Proposition B. "They said, 'Hey, district court, find out how you punish the City of San Diego for this violation.' What’s the punishment? A slap on the wrist, a speeding ticket?"The 4th District will hold an open session on Monday, March 11 to begin that process. DeMaio says if the District Court rules to overturn Prop B, he plans to appeal that decision."Do you think they’ll actually overturn the citizens initiative? If they do, we will counter-sue on the punishment phase," says DeMaio.Meanwhile, the US Supreme Court will also look into the Proposition this week. On Friday, they'll decide whether or not to hear a case based on the First Amendment. Supporters of Prop B say the California Supreme Court's ruling violated Mayor Sanders' First Amendment rights of free speech and his ability to openly support or oppose items on a ballot."The issue is whether for not elected officials have first amendment rights," says DeMaio. "Can an elected official actually give an opinion on a ballot measure? I think yes. Even if I disagree with that opinion, it is their constitutional right. He doesn’t lose his personal free speech rights to take positions once he's elected."The US Supreme Court will announce their decision on Monday, March 18th. 2515