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SAN DIEGO (KGTV) - Hundreds of criminal cases are being examined and reviewed to make sure prosecutors got the right result. That mission is part of the San Diego County District Attorney’s Conviction Review Unit. The unit has been around for about two and a half years, but there are new visible results of its work.Investigators say Donnell Fulcher shot and killed Roberto Rodriguez shortly after midnight on September 10, 2006.Rodriguez’s pregnant girlfriend was wounded but survived. According to court records, investigators connected Fulcher to the scene in part through DNA evidence found on a glove. Fulcher has always maintained his innocence. “We argued that he was not involved at all,” said his defense attorney, Knut Johnson. “There was also in my view, evidence of some other people who are very likely candidates for people who might have committed this crime.”Because of changes in the way DNA is now analyzed, Fulcher got what most defendants will never see—a chance at a new trial.“The prosecutor’s role is to ensure justice before, during, and after trial. This unit is just another way we can fulfill that mission,” said Bryn Kirvin, the deputy district attorney who leads the conviction review unit. Part of their efforts went into looking at all cases where there could be DNA mixtures, meaning more than one DNA profile in a sample.That’s because guidelines by SWGDAM (Scientific Working Group on DNA Analysis Methods) changed the way they interpreted DNA. “They decided [they wanted] to take a more conservative, a more cautious view when analyzing low-level mixtures,” Kirvin said.According to the District Attorney’s office, approximately 1,525 defendants were tried to jury verdict between 2003 to 2016 for serious or violent crimes. Most did not involve DNA, but in 351 cases, DNA was used at trial.Of those, 254 defendants’ cases involved mixtures. That included Fulcher’s case. Team 10 was in court on October 29th when Fulcher chose to plead guilty to voluntary manslaughter and assault with a firearm, instead of going through another trial.The judge sentence Fulcher to 14 years, but he received credit for time already served. He has since been released.Prosecutors with the unit did not talk specifically about Fulcher, but emphasized their mission of finding justice. “Anything about the case that gives us doubt that we lose our confidence in the conviction, we shouldn’t be afraid to act. We should be running to the courthouse to act,” said Deputy DA Brent Neck who also works with the conviction review unit.In Fulcher’s case, prosecutor Hector Jimenez still believes they got the right individual. “We still believe that we have the right guy, but we lost confidence in the conviction, so we wanted to give the defendant a chance to have a new trial if he wanted,” he told Team 10 on October 29.“He chose to plead guilty instead, so at the end of the day, I believe justice was done.” Anyone can apply to get a conviction reviewed, but there are guidelines.The conviction must have happened in San Diego County Superior Court, the person must still be in custody, and the conviction must be for a violent or serious felony.There must also be some type of credible evidence of innocence. “It doesn’t matter how old the case is. We’re going to be willing to go back and look and make sure that we got it right,” Kirvin said. 3412
SAN DIEGO (KGTV) — Despite the pandemic, Veterans Village of San Diego held its annual Stand Down event that helps hundreds of veterans facing homelessness every year.From a glance, this year’s event may seem different. Not as many people were there and stations were more spaced out than normal. But the mission remained the same, reaching out to veterans who are at risk or homeless.Darcy Pavich, the Stand Down director, says the goal is to provide Veterans with the resources they need. Whether it’s housing services, medical referrals, or employment services."It’s difficult for them right now to connect with the services because so many doors are closed," says Pavich.What is also different this year is making sure COVID-19 health guidelines are followed. From requiring masks, to hand sanitizing, and making sure everyone practiced social distancing.This took a lot more planning and preparation to make sure Veterans and Volunteers stayed safe.But even with the changes, Pavich says the simple gesture of reaching out to Veterans made a big impact on those that showed up. "It brings a smile to them and they may not have a lot to smile about right now," she said. "I can never find a good reason why a Veteran should not be housed, safe, and comfortable in their own life." 1292
SAN DIEGO (KGTV) — Hundreds of Transportation Security Administration workers in San Diego are just some of the local federal workers impacted by the government shutdown.Of the more than 3,000 TSA employees between San Diego and San Luis Obispo represented by the American Federation of Government Employees (AFGE) Local 1260, about 600 employees work in San Diego, the union told 10News.The impact of the shutdown has been "immense" on many employees, AFGE says.RELATED: Government shutdown delays investigation into man's death at Yosemite National Park"The impact has obviously been immense, especially considering it began during the holiday season and into the new year when many employees had already purchased gifts for their families, incurred debts, and still had to worry about upcoming bills," AFGE Vice President Bobby Orozco Jr. says.Orozco pointed to the fact many federal employees live paycheck-to-paycheck as a cause for concern, noting that TSA frontline employees make an average of ,000 annually. Daily expenses like buying gas, lunch, and affording child care are some of the immediate impacts employees are facing.10News spoke to several TSA workers at San Diego International Airport off-camera, who said they, too, feel the pinch. One man said he was one of the fortunate people who have family support in case of an emergency. But his co-workers are not so lucky. Another employee told 10News that he is struggling as he enters his third week without a paycheck. Unable to pay his bills, he is charging everything onto new credit cards. "This shutdown, as all others prior, forces employees to use credit cards and other emergency funds, if applicable, in order to make ends meet until a resolution is met," Orozco said. "Additionally, it causes undue financial hardships, such as accrued interests on credit card payments, small loans, and defaults on bills—all of which cost the employee more later."RELATED: Government shutdown affecting air travel, national park safetyThe government shutdown has left thousands of government workers around the U.S. furloughed or working without pay as lawmakers debate spending bills to reopen the government. President Donald Trump has said he will not reopen the government until his calls of .6 billion for a border wall are met by Congress. Democratic lawmakers have yet to voice any plans to meet the President's demand.While the D.C. tug-o-war continues, Orozco says financial hardships will put TSA workers into a tighter spot — financially and mentally."This is not to mention the mental stress and anxiety of worrying when ones next paycheck will come, while still serving the American public in a vital position. AFGE Local 1260 is hopeful that Congress will stop playing with Federal employees' livelihoods by using us as political pawns," Orozco said.RELATED: Government shutdown: How San Diego is affectedCNN reported Friday that hundreds of TSA workers required to work without pay at four major airports have called out from work this week. Call-outs at Dallas-Fort Worth International Airport increased by 200-300 percent, according to one local TSA official.Some are calling this phenomenon the "Blue flu," in reference to the TSA uniform colors. 10News asked TSA workers here if they were seeing an increased number of call-outs recently. A few people said they had not noticed a drastic difference, but come next week, it may be a different story.While wait times could be affected by an increase in call outs, TSA spokesman Michael Bilello told CNN they don't expect a lapse in security or wait times."Call-outs began over the Holiday period and have increased, but are causing minimal impact given there are 51,739 employees supporting the screening process," Bilello told CNN. "Security effectiveness will not be compromised and performance standards will not change."Union officials told CNN the call outs were not part of an organized action, but could increase as the shutdown persists. 3988
SAN DIEGO (KGTV) -- Harbor Police were searching for a vandal Monday who set off a panic at an upscale steak house along the Embarcadero.Customers took cover under tables and ran for the exits at Ruth’s Chris Steak House Sunday night when projectiles smashed through at least two of the restaurant’s bay-facing windows. Someone inside the restaurant shouted “gun,” prompting fears of an active shooter, customers told 10News.“It was one of the craziest things I’ve ever been through,” said Joey Giacalone, a long-time patron and former co-owner of the Venetian Restaurant in Point Loma. “I mean everyone is diving under tables. It was pandemonium.”Two bartenders and a manager jumped into action, Giacalone and his wife said, directing guests to take cover and then evacuate the restaurant.RELATED: Hillcrest restaurant reopens after one week after shooting“There were cooks telling us to come to the back door. They sent us through the kitchen. Because again, no one knew what information was really out there. We thought there was an active shooter,” he said. “I kept envisioning a gunman coming around the corner to shoot us all,” Juli Giacalone added.One of the servers working that night survived the Route 91mass shooting in Las Vegas. Ricca Salazar “reacted quickly and ran out the back door with a couple other staff members,” her husband wrote on Facebook. “She fell and they helped her up,” he said. “Scary night, scary scenario.”Harbor Police determined someone had thrown rocks through the windows. Investigators believe the unidentified vandal may have been a disgruntled customer who left the restaurant without paying earlier that evening, said Lt. Victor Banuelos.Joey Giacalone said the man had been acting strangely.“One guest said he saw him going into the women’s bathroom and said, ‘What the hell are you doing?’ And then he left,” he said.The Giacalones commended staff members for going “above-and-beyond” during the incident.“Everyone is panicking and these guys are saying, ‘Forget about me. I have to do my job for this staff and my guests,’” Joey Giacalone said.Afterward, Juli Giacalone said one of the bartenders approached her with a to-go bag in hand.“She’s like, ‘Here’s your food!’ Through the whole ordeal of being rushed out and fleeing -- we thought -- for our lives, she had carried our to-go bag through the whole situation.”Anyone with information on the vandalism should call Port of San Diego Harbor Police at 619-686-6272, Lt. Banuelos said. 2492
SAN DIEGO (KGTV) — Humpback whales aren't the only aquatic life giving locals a show off the coast of San Diego.Dolphins can be seen fairly regularly, but it's not everyday you see a pod tallying in the thousands. The term "mega" gets thrown around quite a bit to describe scale, but in this case, it truly fits.Video captured Sunday shows a "megapod" of thousands of "common dolphins" off San Diego's coast, estimated to be of about 2,500 dolphins.RELATED: Humpback whale feeding frenzy off San Diego's coastDomenic Biagini, a photographer for San Diego Whale Watch, said pods of 25 to 200 dolphins are common. But a megapod, or "superpod," refers to pods eclipsing 1,000 dolphins and may be seen once every other month."Every now and then, we'll see multiple pods come together," Biagini said. "This was like next level." 831