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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) - Dozens of women gun owners joined in solidarity Friday for the launch of #NotMeSD.It was created by San Diego County Gun Owners (SDCGO), a political action committee promoting Second Amendment rights.The initiative aims to empower women with knowledge and choice. The group believes one way to prevent domestic violence and sexual assault is with guns. “We will stand beside you, we will help you, and if you want to look at owning a gun or just coming out shooting at the range to just feel some empowerment, we're willing to stand right next to you and say how can we help?" said Jill Barto, a SDCGO member.At the gathering, Barto shared her traumatic story of being sexually assaulted. "It’s still kind of emotional, but at age 14 I was raped, I was date raped by a boyfriend, it really took a toll on me. I ended up getting pregnant from the rape, and I had my child and raised him, he’s now 37-years-old," said Barto. She was lucky to find a strong support group, one of them today being SDCGO.“It gave me a voice, it gave me a voice to say this is what happened to me and I’m not going to be ashamed of it.”The group has a three-step approach for women considering gun ownership:Get free advice about firearms from women gun owners in SDCGOGet referrals to gun shops for discounts and receive help filling out paperworkReceive help applying for a concealed carry weapon permit“It doesn’t mean they're going to buy a gun, it doesn’t mean they’re going be CCW holders, but that’s their choice, and we’re here to support them on their choice," said Barto.However, some believe guns involved in domestic violence situations do more harm than good.Carol Landale is with San Diegans for Gun Violence Prevention. She supports a woman's right to arm herself but has concerns with the #NotMeSD message."The statistics show that when there is a gun in the home women are five times more likely to be killed with that gun, especially in domestic violence situations," said Landale. She says if a woman is going to purchase a gun, they must be extremely careful with how they store it. She also believes a lot of training is necessary to be proficient, especially in a high-stress situation.“If you’re going to be using a firearm you need to be practicing all the time. The police practice all the time, the military practices all the time, for somebody just to have a gun stored in a bedside table, who may have shot it once at a firing range, it doesn't seem like a sensible way to be able to protect yourself."Landale believes the decision to purchase a gun and use it, can have consequences.“I think the most important thing is to recognize that responsibility and to make sure you’re going to be willing to use a deadly weapon to kill somebody, that’s huge," said Landale. You can learn more about #NotMeSD here. San Diego also has an A Girl & A Gun League which offers education and hands-on training for women, you can message them on Facebook for more information. 2998

SAN DIEGO (KGTV) - Fixes are coming to elevators in a 14-story high-rise in downtown San Diego where senior tenants have faced challenges performing everyday tasks. But not soon enough for many.Some residents of the 65 and older Tower Apartments community have missed important appointments and had difficulties running errands, like trips to the grocery store, because of elevator outages.Some residents told 10News it's a long-running issue.RELATED: Seniors left with one elevator in 14-floor?San Diego buildingThe building is undergoing renovations - which residents say they appreciate. But they say the upgrades don't make it ok to shut down one of the two elevators and leave them with an elevator that they describe as unreliable at best. "Everybody is extremely upset," resident Carol Clark said. "And the thing is we don't seem to be getting many answers."One neighbor in a wheelchair broke down in tears during our interview. "It's people's safety," he said. "Not just mine, but everybody else."Shortly after running the story on 10News, management with the apartment complex sent a letter telling residents one of the elevators under renovations should be running by the end of June. After that, the other elevator that has had problems will be upgraded.Management said they will also schedule input meetings with residents for next week. 1372
SAN DIEGO (KGTV) - Health officials have confirmed a positive case of COVID-19 at an assisted living center in the College Area.On Wednesday, 10News tried to get answers from Stellar Care Center, located just south of the College Area. On Tuesday night, San Diego County Public Health Officer Dr. Wilma Wooten revealed that they were looking into a patient at the home who may have tested positive. “Our staff [is] investigating this situation and once it's determined if there's individuals or patients with influenza-like illnesses, the staff there will collect specimen and send them to our lab for testing,” she stated.Across the country, concerns over the spread of the virus in nursing homes continues to grow. In Kirkland, Wash., an outbreak of the virus at the Life Care assisted living center lead to at least 35 reported deaths, according the Centers for Disease Control and Prevention. In Louisiana, seven deaths have been linked to a retirement community out of New Orleans. 10News reached out to Stellar Care Center and San Diego County for additional information. A spokesperson for San Diego County writes, "I can confirm that there is a positive case of COVID-19 at Stellar Care Assisted Living. Skilled nursing facilities throughout the County have amplified their protocols to address the COVID-19 pandemic using strategies similar to those recommended by the County of San Diego in responding to an influenza outbreak. These protocols include limiting the amount of people in congregant settings (including meals, activities and visitors) while amplifying cleaning and sanitation measures and providing additional training for staff."The State Department of Social Services writes, “In order to protect confidentiality, we are not able confirm or provide details regarding specific individuals or locations.” 1835
SAN DIEGO (KGTV) -- First responders late Sunday morning rescued a man from sunset cliffs they say was intoxicated and naked. San Diego Fire-Rescue was called to No Surf Beach near Hill Street just before 11 to perform the rescue. According to the department, the man was exploring down by the water when waves picked up. RELATED: King tide rolls into San Diego coastlineCrews say the man clung to the rocks until help arrived.San Diego police say the man was intoxicated and was taken in for a psychiatric hold. Onlookers could be heard cheering as the man was lifted to safety atop the cliffs. Onlookers cheer as first responders rescue a naked man from Sunset Cliffs. Lifeguards say he was exploring down by the water when waves picked up. He clinged onto the cliffs until help arrived. Police say he was intoxicated, now being taken for a psychiatric hold @10News pic.twitter.com/a1yEeq9rg7— Amanda Brandeis (@10NewsBrandeis) January 12, 2020 954
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