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SAN DIEGO (KGTV) — The San Diego County District Attorney's Office said Friday that officers and deputies involved in four in-custody deaths were not criminally liable.The in-custody deaths happened between September 2019 and May 2020. DA said that each incident involved a person who had methamphetamine in their system at the time of death, which the Medical Examiner said was a factor in their death.The DA's Office offered the below responses to each death:Sept. 29, 2019, death of 61-year-old Tony Wilson: "On September 29, 2019, 911 callers reported a man destroying property and attempting to break into a home. A National City police officer responded and found Tony Wilson, 61, standing near broken glass at the front door of the home. The officer ordered Wilson to get on the ground as a second officer arrived on scene. Wilson raised both arms in the air and dropped to his hands and knees. An officer again ordered Wilson onto the ground and then twice ordered him to put his hands behind his back. Wilson did not comply. The officers used their hands to push Wilson downward into a prone position trying to handcuff his hands behind his back.Wilson thrust his hands beneath his body and officers were unable to gain control of his arms. One officer warned Wilson three times he would use his TASER, but Wilson continued to physically resist. During an ongoing struggle and through repeated commands, an officer applied his TASER three times. A third officer arrived on the scene and together, the three officers were able to move both of Wilson’s wrists behind his back, but Wilson continued to physically resist. An officer used his TASER on Wilson’s leg while telling him to stop kicking. The officers placed Wilson in handcuffs and immediately requested medical assistance.Officers began searching Wilson and lifted him to an upright seated position, making sure he was breathing. The officers attempted to speak with Wilson, however Wilson only groaned in response. The officers confirmed Wilson was still breathing and conscious. A few moments later, an officer checked again on Wilson and determined they should move Wilson to the sidewalk. As soon as the officers placed Wilson on the sidewalk, they realized he was no longer breathing and began administering CPR. Paramedics arrived and transported Wilson to the hospital where he never regained consciousness and on October 15, 2019 was pronounced deceased.Drug screens detected the presence of tetrahydrocannabinol, methamphetamine and amphetamine in Wilson’s system. The Medical Examiner determined the cause of death to be anoxic encephalopathy due to resuscitated arrest while intoxicated on methamphetamine, with cardiovascular disease contributing to the cause of death. The manner of death was classified as an accident.After a thorough review of the facts and evidence, the District Attorney’s Office has concluded that the three officers involved in the incident employed reasonable force when they lawfully detained Wilson and do not bear criminal liability for their actions.Read the DA’s detailed review here. Video evidence of this incident is not being released by our office based on the verbal request of the family of Mr. Wilson and a written request by the NAACP on behalf of Mr. Wilson's family, as they believe video release would cause trauma. Video evidence of this incident has already been released by the National City Police Department and is available in other forums."Feb. 18, 2020, death of 29-year-old Joseph Jimenez: "On February 18, 2020, multiple callers to police reported a male acting erratically and appearing to be under the influence of drugs. A Sheriff’s Deputy responded and saw Joseph Jimenez, 29, sitting in a traffic circle at the side of the road. Bystanders said it had been necessary to stop traffic because Jimenez had been lying in the street. The Deputy attempted to speak with Jimenez, who appeared to be under the influence of a controlled substance. He was clenching his teeth while making strange noises and speaking incoherently, showing no reaction to the Deputy’s voice.The Deputy repeatedly directed Jimenez to lay on his stomach and he eventually laid down, covering the sides of his head with his arms. Jimenez’ forearms were on the ground and his hands were balled into fists. The Deputy told Jimenez to relax and directed him to place his hands behind his back. Jimenez did not comply and instead continued to tense up and make unintelligible noises.The Deputy believed Jimenez was suffering from excited delirium. Jimenez was not combative, nor did he try to physically fight the Deputy, but he resisted the Deputy’s efforts to secure him in handcuffs. The Deputy applied the carotid restraint control hold on Jimenez and Jimenez lost consciousness within seconds of the application. The Deputy was able to handcuff Jimenez and he regained consciousness a few seconds later. A second Deputy arrived and helped apply a cord cuff to Jimenez’ ankles after Jimenez began kicking.Vista Fire Department paramedics arrived and assessed Jimenez for injuries. Jimenez was transported to Tri-City Medical Center for evaluation. While in transit to the hospital, Jimenez stopped breathing and had no pulse. Paramedics performed CPR and were able to establish a pulse. Jimenez was placed into the Intensive Care Unit in critical condition and over the course of several days, Jimenez’ condition steadily declined.On February 24, 2020, Jimenez died. An autopsy was performed, and the cause of death was determined to be anoxic-ischemic encephalopathy due to resuscitated cardiopulmonary arrest due to acute methamphetamine intoxication. The manner of death was determined to be an accident.Based upon the District Attorney’s review of the facts and circumstances surrounding Jimenez’ death, the law enforcement personnel involved in his restraint acted reasonably under the circumstances and bear no state criminal liability for their actions."April 8, 2020, death of 49-year-old Tony Zaffina: "On April 8, 2020, Oceanside Police received calls from several people reporting a person was throwing rocks at their homes. One caller identified his neighbor, Tony Zaffina, 49, as the person throwing rocks. Another caller reported Zaffina forced entry into their home and then fled out a window.Several officers from the Oceanside Police Department responded to these calls. One officer found Zaffina on the Mira Costa college campus knocking over trash cans and banging on classroom windows with what the officer thought was an axe or sickle. The officer called out to Zaffina, who fled on foot into the campus. As the officer gave chase, Zaffina turned and threw the object he was carrying at the officer and it missed hitting him. Zaffina stopped, faced the officer, and picked up chunks of dirt and throwing a pinecone at him.The officer repeatedly told Zaffina to lie on the ground but Zaffina refused. The officer thought Zaffina might be under the influence of a controlled substance. To minimize the use of physical force, the officer deployed a TASER at Zaffina, but it was ineffective. The officer held Zaffina at gunpoint until other officers arrived. Two additional officers arrived soon after and body-worn camera recordings were initiated. They all ordered Zaffina to lie on the ground. Zaffina refused to do so, clenching his fists and making growling sounds. An officer deployed his TASER at Zaffina and he fell to the ground. An officer attempted to handcuff Zaffina but was unable to get his hands behind his back. An officer initiated another five-second activation of his TASER and officers were able to handcuff Zaffina.Officers rolled Zaffina to his side and checked him for a pulse. Zaffina was initially breathing and had a pulse but soon lost consciousness. A short time later, officers couldn’t feel Zaffina’s pulse. Officers initiated CPR, which included the use of an Artificial External Defibrillator (AED). Paramedics were arrived. and took over life-saving efforts, but were unable to revive Zaffina or establish a pulse. Zaffina was declared dead at the scene.The Medical Examiner determined the cause of death was cardiorespiratory arrest while prone, handcuffed, intoxicated on methamphetamine, and after the use of a TASER. Atherosclerotic cardiovascular disease was a contributing cause of death. Based upon the District Attorney’s review of the facts and circumstances surrounding Zaffina’s death, the law enforcement personnel involved in his restraint acted reasonably under the circumstances and bear no state criminal liability for their actions."May 8, 2020, death of 32-year-old Wesley Garrett-Henry: "On May 8, 2020, just before midnight., San Diego Police and Fire Medics responded to a possible drug overdose call at a residential hotel in San Diego. The caller reported that Wesley Garrett-Henry, 32, was having a “narcotic episode” and was in need of assistance. The caller said the situation was getting serious, the man was very aggressive and was being violent in his room.Two officers arrived, knocked on the door of Garrett-Henry’s room and could hear screaming, yelling and banging coming from inside. They identified themselves as police and told him they were there to help him. They asked him to come to the door and talk to them. They also informed him there were medics standing by if he wanted to go to the hospital. The officers believed he was either under the influence of a controlled substance or unable to care for himself. A third officer arrived on the scene.Garrett-Henry eventually opened the door on his own and stepped out into the hallway, where he was handcuffed. The officers informed him they were there to help and asked what he took. He replied, “weed.” Garrett-Henry initially stood handcuffed in the hallway. The officers requested the medics and noted excited delirium and a cut on Garrett-Henry’s foot. An officer asked him if he wanted to lay down. Garrett-Henry sat down and then slid down onto his back. He continued to scream, kick his legs and flail around on the floor. One officer took control of the lower portion of Garrett-Henry’s body and another officer controlled his upper body after he rolled onto his stomach. An officer placed his hands on either side of Garrett-Henry’s shoulders and had his left knee on his back. They told him to relax and to keep breathing. They again informed him they were there to help him. Medics arrived and administered an injection of Versed (a sedative) to Garrett-Henry. Garrett-Henry continued to scream and struggle with the officers and medics while they let the Versed take effect.A medic checked Garrett-Henry’s pulse multiple times before transporting him to the first floor and into the ambulance. Medics noted his pulse was weak and officers removed the handcuffs. During the transport, medics treating Garrett-Henry noticed an irregular heart rhythm and no pulse. A medic started CPR but Garrett-Henry never regained consciousness and was pronounced dead at the hospital.The Deputy Medical Examiner determined Garrett-Henry’s cause of death was toxic effects of methamphetamine, with a contributing factor of hypertensive cardiovascular disease. The manner of death was classified as accident. Based upon the District Attorney’s review of the facts and circumstances surrounding Garrett-Henry’s death, the law enforcement personnel involved in his restraint acted reasonably under the circumstances and bear no state criminal liability for their actions." 11519

SAN DIEGO (KGTV) - The purple most restrictive tier for coronavirus guidelines goes into effect Saturday forcing many museums around San Diego County to close their doors once again."It really wasn't a surprise and when this all first started happening I think we realized that there wasn't going to be a magic date that everything was going to be better," James Haddan, Senior Director of Development and External Communications at the Museum of Us, said they've been anticipating the county's fall back into the purple tier."We made some hard choices initially, right away," Haddan said they made difficult cuts to staff at the beginning of the pandemic, hoping to sustain for the next two years."It has been extremely difficult for arts and cultural organizations throughout the city and Balboa Park would be no different," Executive Director of the Balboa Park Cultural Partnership Peter Comiskey said.Comiskey said while many of the museums must close, there are still things to do at the park. The Japanese Friendship Garden, Spanish Village, and restaurants are open.In La Jolla, the Birch Aquarium is shifting too. They reopened in July and are creating as many exhibits as they can outside. (Here is a list of what you can see and touch for a slightly discounted ticket.)The aquarium will be adding more activities in the coming weeks.Back at the park, you can see progress. Caution tape is draped around the park and the sounds of construction echo off the tall historic buildings."One of the little tiny silver linings in otherwise what is a dark cloud is a lot of work has been able to be done at Balboa Park," Comiskey said. He adds that the Timken Museum is getting a refresh and the Mingei International Museum is also transforming."There is so much happening inside the park that we just know when people can come back and safely visit they will have a wonderful experience," Comiskey said.He hopes everyone does their part to bring down coronavirus cases so they can reopen as soon as possible.Museums like the Museum of Us offer educational content and virtual tours online during this time to continue serving the community. 2151

SAN DIEGO (KGTV) - Thirty-seven people were charged with drug and firearms trafficking throughout North San Diego County, according to unsealed indictments — in some case, feet away from schools.More than 100 members of the North County Regional Gang Task Force, the FBI SWAT team, and other local agencies arrested 18 of the 37 defendants Wednesday.Heroin, methamphetamine and fentanyl and firearms, including a semi-automatic pistol, revolvers, and a two AR-15 style assault rifles, were also seized during the arrests, according to the U.S. Attorney’s Office Southern District of California.Officials said the drugs and firearms being trafficked were stored and sold in North County, including near Libby Lake Park and several schools: Jefferson Middle School, Clair W. Burgener Academy, Mission Elementary School, San Marcos High School, and Joli Ann Leichtag Elementary School.Wednesday's arrests are part of a federal and local investigation into street gangs operating in Encinitas, San Marcos, Oceanside, Vista, Carlsbad, Escondido, and elsewhere. Many of those arrested reportedly have ties to the Mexican Mafia, officials said.In total, 27 of the 37 being charged are in custody, according to the U.S. Attorney’s Office Southern District of California. The remaining 10 are being sought."We have a special resolve to go after gangs that have the audacity to operate on the boundaries of our schools, where children play and learn," U.S. Attorney Adam L. Braverman said in a release. "The gangs are always on our radar, but when they endanger our most precious and vulnerable population – our children - we will act decisively."Some of the narcotics trafficked were obtained in Tijuana, Mexico, investigators said, and then brought to North County gang members via "unsanitary methods.""They repeatedly smuggled small quantities of narcotics in body cavities, via pedestrian lanes at the San Ysidro and Otay Mesa border crossings," the U.S. Attorney's Office release said.In one instance, one alleged gang member, Theresa Lapolla, was found in possession of more than 100 grams of heroin at her home, located less than 700 feet from three Oceanside schools. 2214

SAN DIEGO (KGTV) - There's a stretch of Linda Rosa Avenue in Bird Rock that winds up a hillside and leads to homes with sweeping views of San Diego's coastline.The homes that enjoy that view, however, vary quite a bit. Some are older, smaller, and were built in the 1960s.Others are modern, and tower above the rest. Some refer to those larger homes as "McMansions," and wonder how they keep getting approved without any pushback from neighbors to protect community character."They basically skirt the reviews," said Dave Ish, who lives in an older home on Linda Rosa.READ?JON HORN'S ORIGINAL LOOK AT 'MCMANSIONS'Developers are able to skip the lengthy and public Coastal Development Permit process as long as they retain at least 50 percent of a structure's exterior walls. It's spelled out in city code. That's why McMansions are popping up in San Diego's coastal neighborhoods. But it turns out the city's 50-percent exemption creates even more flexibility for developers because they can get permit after permit with no waiting period in between.RELATED: Coronado neighbors worried about historic mansion turned transitional homeDeveloper Ben Ryan, of Tourmaline Properties, did that for an ocean-view home on Linda Rosa.In October, the city issued him a permit to add a closet and convert a garage to a carport, under the 50-percent exemption.  "Obviously it was just a temporary deal," Ish said. "Nothing was finished, it was this bowed out paneling, these windows weren't finished. The cuts were all messed up."RELATED: Study: Rents rising faster in affordable areasThe city reports the work being finished Feb. 1. It may have been a quick job, but it changed the layout of the home enough to allow Ryan to alter the design for a larger project.Ryan got a new permit later in February - again under the 50-percent exemption - calling for a second story, master suite, decks, kitchen, living room, dining room, and more. Today, the home is just half a wood frame - the closet and carport nowhere in site. The closet, however, was once a massive frame added on to the home (more photos above):</p><p>In a statement, Ryan said the Coastal Development Permit has become an arduous process - delaying projects a year and adding up to 0,000 in costs."It has no relation whatsoever to bulk or scale," Ryan said. "The bulk and scale of a house designed using the 50-percent exemption is governed by the same rules as a house designed without using it."Ryan said the back-to-back serial permitting simply allowed him more options, such as with windows and openings - under the same rules.RELATED: Man accused of squatting in multi-million dollar Coronado mansions"We are excited about the design of the home, and hopeful that it will be a contender for several architectural awards," he said.A representative for Councilmember Barbara Bry, whose district includes Bird Rock, said her staff recently contacted the mayor's office to address concerns over the 50-percent exemption. 3104

SAN DIEGO (KGTV) — The weather may be gloomy this weekend, but it's still a great chance to get out and enjoy San Diego!Circus Vargas is still in town to provide amazing feats of circus entertainment in the South Bay and Thursday is the last day to take advantage of half-priced admission during San Diego Museum Month.Families will definitely want to check out all the hands-on, educational fun at Petco Park with the annual San Diego Festival of Science & Engineering Expo. The educational experience brings several opportunities to learn about everything that STEM (science, technology, engineering and math) encompasses in a fun, free environment.RELATED: Things to do for free in San Diego CountyThis weekend also heralds the arrival of a couple of March holidays: Mardi Gras and St. Patrick's Day. And San Diego is ready for both with the Gaslamp District's Mardi Gras celebration and El Cajon's St. Patrick's Day half marathon/5K/Green Mile.Here's a look at what's happening around town this weekend:THURSDAYCircus Vargas Where: Westfield Plaza Bonita; Cost: - (Thursday - Sunday) The Big Top is back for another weekend in San Diego as Circus Vargas hits Westfield Plaza Bonita! Acrobats, daredevils, and flying trapeze artists will perform to audiences' delight, recreating circus feats from the past for a new audience.San Diego Museum MonthWhere: Various museums; Cost: Half-priced regular admissionIt's the last day to enjoy half-priced admission at more than 40 local San Diego museums for San Diego Museum Month. And there's something for everyone, whether it's art, history, science, or the seas at participating museums such as the San Diego Natural History Museum, Maritime Museum of San Diego, San Diego Air and Space Museum, and many more.FRIDAY San Diego Yoga FestivalWhere: Imperial Beach: Cost: - 6(Friday - Sunday) Enjoy an epic day of yoga at the beach open to all ages and all skill levels, with nonstop yoga sessions featuring a variety of yoga types like skateboarding yoga, family yoga, yoga in Spanish, and a yoga festival wedding! The festival will also be packed with music, meditation, and food vendors with an array of healthy eats.34th annual Spring Home Garden ShowWhere: Del Mar Fairgrounds; Cost: Free - (Friday - Sunday) The Spring Home Garden Show returns to the Del Mar Fairgrounds, featuring three days of "garden masters" show guests how to transform their homes into amazing landscapes, hands-on demonstrations, and hundreds of home improvement exhibitors and seminars with experts.SATURDAY11th annual San Diego Festival of Science & Engineering ExpoWhere: Petco Park; Cost: FreeThe Biocom Institute Festival of Science and Engineering is a ten-day educational experience including interactive demonstrations, hands-on activities and dynamic speakers to engage kids and families in all that encompasses STEM (science, technology, engineering and math).San Diego Mardi Gras Fat Tuesday CelebrationWhere: Gaslamp District; Cost: Starts at (Friday - Saturday) Mardi Gras gets started early in San Diego's Gaslamp District with 20 parties over the weekend and then for one more night on Fat Tuesday. Tickets get guests access to more than 20 nightclubs, bars, and restaurants, an opening night and finale party, and food and drink specials around downtown.San Diego Undy Run/WalkWhere: Mission Bay Park - De Anza Cove; Cost: Free - Help benefit the Solorectal Cancer Alliance at San Diego Undy Run/Walk in Mission Bay! It's a family-friendly, undy-themed event designed to provide support for patients, survivors, and families affected by colorectal cancer.SUNDAYSt. Patrick's Day Half Marathon, 5K, Green MileWhere: Downtown El Cajon; Cost: - Hit the ground running or walking in El Cajon to ring in St. Patrick's Day early, either in half marathon, 5K, or mile fashion. Runners and walkers work through a scenic course along the city's landmarks, and 5K runners get to tackle a Crossfit-style obstacle course. Hang around for the after race festival for a beer garden, live music, and costume contest!Spring Busker FestivalWhere: Seaport Village; Cost: Free(Saturday - Sunday) The Spring Busker Festival returns to San Diego's Seaport Village, bringing street performers to the seaside venue to showcase their amazing, eye-catching acts like knife throwing, sword swallowing, and juggling tricks for the public. Busker After Dark, an 18-and-over event on Saturday, features more live acts and special food and beverage sales.Sunday Family Fun DayWhere: San Elijo Lagoon Nature Center; Cost: FreeSan Elijo Lagoon Nature Center will host nature-themed crafts and activities for families for free this weekend, spanning topics such as the lagoon's native birds, insects, and flowers. Check out the center's exhibits and trails that explore the terrain! 4832

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