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SAN DIEGO (KTGV)— A homeless man and convicted rapist accused of sexually assaulting a woman at an East Village bar in November faced his accuser in San Diego Superior Court. Gary Cushinberry, who's accused of multiple counts of sexual assault and attempted rape, pleaded not guilty. The judge ordered all media to conceal the victim’s identity, and to refer to her as Jane Doe. Jane Doe took the stand and recalled what happened on the evening of November 5th. She said she was at Amplified Kitchen and Beer Garden in East Village, celebrating with some colleagues.After having a few drinks, she headed to her car. She admitted she was drunk at the time, and her memory was hazy. But she did remember the moment her bottom touch the ground.“He was touching underneath the blanket, and I just remember being shocked. Uh, next he further proceeded to put his hand in my pants,” Doe said. While he attacked her on the ground underneath a dirty blanket, he tried to drug her with what she thought was a meth pipe, Doe continued. Detective Carlos Munoz of the San Diego Police Department also spoke in open court. After the case was assigned to him, he monitored surveillance cameras in the area. The detective found footage of a homeless man fitting Gary Cushinberry’s description, pulling Jane Doe into a bush next to her car. The two were not in frame for the next 25 minutes, until video captured Jane Doe speeding away from the parking lot, back into Amplified, where she later reported the assault.“It’s like you imagine a fight or flight. And I didn’t really fight and I didn’t flight. I just froze,” Doe said. Cushinberry, who is already a convicted rapist in Indiana, returned to the frame, just two minutes later. “When he walks up toward the intersection, or the corner, he is adjusting his belt, he is adjusting his waist,” Detective Munoz said. The next day, Jane Doe provided information for a suspect sketch.Officers also took her to Palomar Hospital to run a rape kit. DNA Criminalist Adam Dutra of the San Diego Police Department Crime Lab tested the DNA swab taken from the front button and zipper of Jane Doe’s shorts.“There was strong support for the inclusion of Mr. Cushinberry as the 98% contributor,” Dutra said. Cushinberry’s past convictions include rape in 1995, sexual battery in 1997, and recently, felony robbery in San Diego.His next court appearance is on December 19th. 2407

SAN DIEGO, Calif. (KGTV) -- A 64-year-old man is recovering after he was beaten in Kearny Mesa by a group of street racers so severely he had a brain bleed and fractured disk. "I felt my RV jostling around, like maybe they were standing on my bumper, so I got out and went around back to look and I look up and someone's standing on my RV," said the victim, who did not wish to be identified.Police said the beating happened on June 28 around 9:30 p.m. A group of street racers arrived in the area for an apparent “meet up” and gathered into a large group. Multiple vehicles arrived at the location and began doing “burn-outs” in the street. Some members of the group climbed on top of the victim’s RV. When the victim walked out of his vehicle to confront them, three of the men attacked him. Another man stole the man's phone from his pocket as he was lying on the ground unconscious. "The last thing I remember is one of his buddies jumping out and I don’t know what happened after that; I probably got hit from behind."The suspects fled the area in a grey, possibly 2003 Audi A4 sedan. The man was left lying in the street. Employees from a nearby business ran out to help him and called an ambulance. San Diego County Crime Stoppers along with investigators from the San Diego Police Department’s Eastern Division are asking for the public’s help in identifying and locating the attackers. Officers are investigating the attack as a felony battery and robbery case.Anyone with information on the identity or location of the suspects is asked to call SDPD’s Eastern Division at 858-495-7957 or the Crime Stoppers anonymous tip line at 888-580-8477. Crime Stoppers is offering up to a ,000 reward to anyone with information that leads to an arrest in this case. 1775

SAN DIEGO, Calif. (KGTV) -- Mexican authorities are investigating the discovery of a tunnel near the Otay Mesa border in San Diego, U.S. officials said.Department of Homeland Security officials confirmed the discovery Thursday morning but did not provide any further details.“At this time, U.S. authorities are aware of a tunnel discovered by Mexican law enforcement officials near the Otay Mesa border. However, we have not yet determined whether the tunnel entered into the U.S.," said Lauren Mack, a spokeswoman with the DHS.All that is known at this time is that the tunnel is in Mexican territory, south of Otay Mesa which stretches east of 805 and south of the 905 freeways.10News station partner Televisa reports that the tunnel does cross the border. Images from the scene show the business located in an industrial area northeast of Tijuana's International Airport.Stay with 10News for updates on this developing story. 937

SAN DIEGO, Calif. (KGTV) - A new rule from the California Air Resources Board could wind up costing San Diego MTS hundreds of millions of dollars.CARB announced a series of regulations last week, all aimed at making bus fleets more environmentally friendly.One rule says all buses need to be zero-emission by 2040.That could be costly.Right now, SDMTS uses Compressed Natural Gas in their buses, which they say burns much cleaner than diesel fuel.Those buses cost 7,000 each, and MTS buys about 50 new buses each year.New electric, zero-emission buses will cost about 2,000 each.Replacing the entire fleet with electric buses will cost 7.5 million more than CNG buses."The technology is relatively new, the costs are high right now," says MTS Spokesperson Rob Schupp. "I think CARB is looking into the future. As we encourage more and more manufacturers to build these buses, the costs will come down."San Diego MTS is already putting six electric buses in their fleet this summer as part of a pilot program.They'll use those to test how the electric buses operate across several terrains and distances in San Diego.They also received a grant to help buy 11 more for a South Bay Bus Rapid Transit line that will open in 3 years.Beyond that, MTS says they may use a combination of state funding, grants and possibly rate increases to pay for the new electric buses.Schupp says the state has plans to chip in about 0,000 per bus.The cost of new buses isn't the only concern about going electric.MTS says they need to look into how much electricity will cost compared to natural gas.They also may need to build and install charging stations around town, because the buses may not be able to go as far as they would using gas.Despite all that, Schupp says the MTS Board fully supports the change. 1812

SAN FRANCISCO (AP) — A man suspected of gunning down a California policeman was in the U.S. illegally and was captured while planning to flee to his native Mexico, a sheriff announced as he all but blamed the state's sanctuary law for the officer's death.A two-day statewide manhunt ended Friday with the arrest of Gustavo Perez Arriaga, who came out with his hands up as a SWAT team prepared to raid a home in Bakersfield, California. That was about 200 miles (320 kilometers) southeast of where Cpl. Ronil Singh was shot before dawn Wednesday.Singh had stopped a suspected drunken driver in the town of Newman when he was fatally wounded and managed to fire back but didn't hit his attacker, authorities have said.RELATED: Suspect wanted in Newman cop killing arrested near BakersfieldPerez Arriaga was taken into custody using the slain officer's handcuffs, Kern County Sheriff Donny Youngblood said.Stanislaus County Sheriff Adam Christianson, who led the investigation, blamed California's sanctuary law for preventing local authorities from reporting Perez Arriaga to U.S. immigration officials for deportation after two previous drunken driving arrests."We can't ignore the fact that this could have been preventable," Christianson told reporters, asking why the state was "providing sanctuary for criminals (and) gang members. It's a conversation we need to have."Christianson called for stricter laws at a news conference as Singh's brother wept beside him.RELATED: New photos released in search for Newman Police officer's killerPerez Arriaga crossed the border in Arizona several years ago and had worked a variety of jobs as a laborer, including at several dairies. The 33-year-old had gang affiliations and multiple Facebook pages with different names, Christianson said.The shooting came amid an intense political fight over immigration, with President Donald Trump and congressional Democrats at odds over funding for a border wall that has forced a partial government shutdown.Trump tweeted about Singh's killing Thursday, saying it was "time to get tough on Border Security. Build the Wall!"California's sanctuary law limits cooperation between local authorities and U.S. immigration officials and has drawn scorn from the Trump administration. It includes more than 800 exceptions for violent crimes and felonies and bars police from asking people about their citizenship status.There is right now a full scale manhunt going on in California for an illegal immigrant accused of shooting and killing a police officer during a traffic stop. Time to get tough on Border Security. Build the Wall!— Donald J. Trump (@realDonaldTrump) December 27, 2018 2672