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EL CAJON, Calif. (KGTV) - The grieving mother of an accused thief filed a lawsuit Thursday against the homeowner who shot and killed her son.The civil suit identifies the homeowner as Michael Poe, and it stems from an incident in the early morning hours of March 11. Police say the homeowner woke up to the sound of glass breaking. He went outside and found someone breaking into his work truck. He told police there was a confrontation and he shot the thief.RELATED: Confrontation between?homeowner, suspected thief ends in deadly El Cajon shootingJoseph Mercurio was man killed. His mother Monika Anderson says Joe had a drug problem but was doing his best to stay sober.“He was on Suboxone, a drug to stay sober, and someone had stolen his Suboxone,” Anderson said. “Although it's really hard for me to imagine my son at  31 years of age would just start stealing, but I think he was just desperate for drugs and in a lot of pain. I don’t think he deserved to die over that.”Police are investigating the incident and no criminal charges have been filed. Anderson’s attorney, Dan Gilleon, says that investigation should not affect their civil lawsuit.“The bottom line is Joe shouldn't have died and at a minimum its because this guy didn’t act reasonably,” Gilleon said. “This is not the Wild West. If you decide to play that gunslinger role, then you’re going to end up losing everything you own.”The lawsuit does not specify an amount.“It’s like a mother’s worst nightmare,” Anderson said in tears. “I told Joe, time and time again how much he meant to me.”10News has tried to make contact with Poe several times since the shooting happened, but have not heard back.   1715

EL CAJON, Calif. (KGTV)- An El Cajon family says the least valuable items stolen during a recent burglary are the ones they most desperate to get back.  Last Friday, Shannon Torres returned to her home along Murray Drive around noon with her 3-year-old son. "Her heart dropped. She was terrified," said husband Omar Torres.Torres says she found the front unlocked and the French doors leading into the family room open."They had kicked it open and splintered it up near the top," he said.Inside the house, the bedroom drawers were open and Shannon's jewelry boxes were gone and along with them, dozens of pieces of jewelry.Among the missing items: a pearl necklace from her aunt that Shannon wore at her wedding, diamond earrings from her husband for their anniversary, and a silver-and-gold bird necklace. The latter was a Mother's Day present. The couple have three sons, ages eight, six and three."It's very sad. Heartbreaking," said Torres.That feeling was made more intense when they realized what else was in the jewelry boxes: a yellow-and-white flash drive on a key ring and a black SanDisk memory stick. On them were the birth videos of their sons, along with videos and stills of each of their first year of life."It was a tremendous time we want to be able to relive and now we can't on those videos. It's devastating. You want to be able to share with them and pass it on to them one day," he said.The bird necklace is engraved with the first letters of her sons' names, V - A - N. If you have any information on the case, you're urged to call Crimestoppers at 888-580-8477. 1604

Do you prefer to select your numbers when playing the lottery? Well, if you’re opting to select your own numbers for the Mega Millions drawing, there are some numbers that win the most.The first Mega Millions drawing was in September of 1996.  Since then, there have been more than 2,200 drawings.According to Lottonumbers.com--a website that analyzes lottery numbers--the number drawn the most is the number 2. It's been picked 219 times.The second most picked numbers were 17 and 31. Followed by 39 and then 4 and 46.Something to keep in mind: the game started with 50 numbers in the drawing in 1996. More numbers were added on in 1999, 2002, 2005 and 2013.Presently, there are 75 numbers to choose from and can be configured into nearly 300 million possible combinations for winning.The yellow ball is the one that matters, so you may think about selecting the number 3.It has been chosen the most; 89 times in the more than 2,000 draws.There are also numbers that were drawn the least. Those include 72, 71, and 67. Those numbers have been drawn fewer than 25 times.When it comes to the Mega Millions number, 51 has been chosen only once!But keep in mind that the higher numbers were just added to the drawing in the last few years. 1249

EL CAJON, Calif. (KHGTV) -- A missing 10-year-old girl was found safe Tuesday afternoon, according to El Cajon Police. Police say the young girl was located at an after-school program. Police originally tweeted that they enlisted the help of a helicopter to search for the young girl. 293

Dr. Dre is a West Coast musician and businessman known the world over for his platinum-selling albums. for discovering Eminem, and for Beats, the headphones hanging around the necks of athletes and celebs.He, however, is not a real doctor.Dr. Drai, on the other hand, is an actual doctor -- a Pennsylvania ob/gyn who appears on TV and has authored books on sexual health.The two doctors have been locked in a multi-year dispute -- an East Coast/West Coast feud of sorts -- over their names.Drai (real name Draion M. Burch) wants to trademark the name Dr. Drai for his medical and motivational speaking services, and for his books, videos, podcasts etc etc.Dre (real name Andre Young) has tried to block the application on the grounds that it could cause confusion between the two brands and falsely suggest a connection between them.Last week, the trial and appeal board of the US Patent and Trademark Office dismissed Dr. Dre's challenge.Dre didn't issue a comment after the ruling. But buried in the 49-page document is a quote from Drai which summed up how he felt about the matter:"I was just appalled how someone would think that I wanted to be them and I actually went to medical school."  1209