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SAN MARCOS, Calif. (KGTV) -- Cell phone video reportedly taken Wednesday morning shows San Diego County Sheriff's deputies at a San Marcos home that's been at the center of an ongoing battle. When Team10 arrived, there was an eviction resolution notice taped to a window on the property. Neighbors tell us that they're thrilled the eviction process is finally underway. This is a story that Team10 has been following since May - when we spoke with a local hopeful home buyer, John Masnica. He says Julie Frisino and her family unlawfully moved into the house while Masnica was in the process of closing escrow on the bank-owned foreclosure. Wednesday, he told us, "She's just a deadbeat from a family of deadbeats that take advantage of the system." He went on to say, "I hope that now that they're out of this house that there aren't any other available houses for them to try to break into."Frisino took the situation to court, claiming she had rights to be there. This summer, a judge said the bank trustee, not Frisino, had rights to the home.Masnica and his wife are due with their fourth child. They hope to close escrow and move into the house by November. 1186

SANTEE, Calif. (KGTV) — Flames sparked in heavy brush in a Santee riverbed on Thursday, spreading dangerously close to several homes.The three- to four-acre brush fire was reported off Mission Gorge Rd. and Fanita Dr. just after 12 p.m. Sky10 video showed flames in the brush behind homes along Willowgrove Ave.At least one helicopter responded to the fire and quickly began making water drops, pulling water from the San Diego River nearby. Several firefighters were also on the ground spraying the flames from behind homes.One firefighter has been injured, though the severity of their injuries was unclear.San Diego Sheriff's Department said seven or eight homes need to be temporarily evacuated, but should be able to return home since the fire has been contained.SDSO closed Carlton Hills Blvd. between Mission Gorge Rd. and Carlton Oaks Dr. while crews fought the blaze.Crews are expected to be in the area into the night to mop up the area. 955

SANTA ANA (CNS) - District Attorney Tony Rackauckas said today the murder indictments of five people -- including a man aiming to lead the Orange County chapter of the Mexican Mafia -- will send a message that investigators are disrupting activities of the notorious prison gang."Our hope is this certainly will disrupt what they're doing right now," Rackauckas said. Five men were indicted in March in connection with the Jan. 19, 2017, killing of 35-year-old Robert Rios in Placentia.Rios was killed for allegedly not paying "taxes" to the gang on drug sales, Rackauckas said. Johnny Richard Martinez, 42, Gregory David Munoz, 30, Ysrael Jacob Cordova, 33, Ricardo Valenzuela, 38, and Augustine Velasquez, 22, were all indicted for the killing.They're also facing a special circumstance allegation of murder during a robbery, which could open them to the death penalty.They are also charged with conspiracy, participating in gang activity and burglary, and they face sentencing enhancements for gang activity.Cordova also faces a sentencing enhancement for the personal discharge of a gun causing death and the other defendants face a sentencing enhancement for the vicarious discharge of a gun causing great bodily injury, according to court records.Several law enforcement experts say Martinez, who had been organizing a hunger strike in the Orange County Jail, is gunning to replace Orange County Mexican Mafia boss Peter Ojeda.There has been a void in the gang's leadership since Ojeda died June 7 at the age of 76 while serving a prison sentence for continuing to run the gang from a prison cell.The hunger strike ended Friday evening when the last inmate accepted meals, according to Ran Grangoff, a spokesman for the Orange County Sheriff's Department. Undersheriff Don Barnes told City News Service on Friday that investigators suspected the hunger strike was a ploy by Martinez to get moved to a cell where he would have more freedom to get messages out to his gang.Martinez has signaled he may want to represent himself on one of his cases, so he would be given more access to a phone and other communication resources, said Senior Deputy District Attorney Dave Porter, the prosecutor on his case.Martinez was serving a prison sentence for murder in 1994 when he allegedly helped orchestrate Rios' killing, according to court records.He had been sentenced then to 15 years to life in prison, Rackauckas said. Martinez is also charged in connection with the attempted murder in Placentia in August 2017 of Gregory Munoz -- one of the defendants now indicted in connection with the Rios killing in January of last year.Also charged in the attack on Munoz were Robert Martinez, 36, Frank James Mosqueda, 39, and Omar Mejia, 30.According to one of the attorneys on the case, Munoz allegedly complained that Johnny Martinez did not tell Munoz that his girlfriend was cheating on him, and Martinez felt disrespected by the griping, leading to the attack. Mosqueda is accused of actually shooting Munoz, the attorney said.Cordova, Valenzuela, Velasquez and Charles Frederick Coghill, 35, were all charged with murder last year in connection with the Rios killing, but Coghill was not included as a defendant in the March indictment.But Coghill, who was listed as a witness before the grand jury that handed down the indictment, is still facing charges in the case. Coghill apparently made a deal with prosecutors to testify against the other defendants, one of the defense attorneys on the case said.According to the indictment, from Oct. 8, 2016, through Jan. 22, 2017, Johnny Martinez, who's also known as "Crow," allegedly communicated via cellphone while in the Salinas Valley State Prison in Monterey County about 3,697 times with Munoz, who was incarcerated in the Calipatria State Prison in Imperial County.Munoz allegedly communicated via cellphone with Cordova about 50 times from Jan. 18-19, 2017, while he was incarcerated but Cordova was not, the indictment alleges. He also allegedly communicated via cellphone with Valenzuela during those same days about 43 times, according to the indictment.Munoz is also accused of contacting Velasquez about three times via cellphone, the indictment alleges. During those same days in January 2017, Munoz allegedly contacted Coghill about 58 times through cellphone, the indictment alleges.Munoz allegedly directed Coghill to "pick up a silver Chrysler 300 automobile and a semi-automatic firearm from a female named Imelda in Santa Ana," on Jan. 19, 2017, according to the indictment. Munoz also told Coghill to drive to an Anaheim hotel to pick up Cordova, Valenzuela and Velasquez on Jan. 19, 2017, the indictment alleges.After arriving at 941 Vista Ave. in Placentia on Jan. 19, 2017, Cordova, Valenzuela and Velasquez confronted Rios in the front yard of a residence, where "Velasquez detained Robert Rios at gunpoint while (Cordova) and (Valenzuela) entered the residence," the indictment alleges.Rackauckas told reporters Monday that "at least" the indictment of Martinez and his alleged cohorts will send a message to his criminal organization that investigators are on to the smuggled cell-phone scheme. Martinez is considered "much more active, much more ruthless and violent than Ojeda," Rackauckas said.Placentia Police Chief Darin Lenyi said the indictment also tells the gang, "If you come to Placentia to gun others down, no matter who you are we'll come after you." 5445

SANTA ANA (CNS) - A man accused of setting the Holy Fire that burned 23,000 acres in Orange and Riverside counties, forcing thousands of people from their homes, is due in court Wednesday for a preliminary hearing. Forrest Gordon Clark, 51 -- whose criminal case was briefly suspended in August when his courtroom outbursts led a judge to declare a doubt about his mental competency -- remains jailed in lieu of million bail, after pleading not guilty to arson and other charges Dec. 12. Clark's attorney, Nicole Parness of the Orange County Public Defender's Office, argued that Clark's million bail should be reduced because an arson investigator with the Orange County Fire Authority has theorized that another person might be responsible for setting the blaze. RELATED:"It's all a lie!": Arson suspect in Holy Fire appears in courtShe told reporters the investigator cited Michael Milligan, the fire chief of the volunteer Holy Jim Fire Department and a Clark neighbor, as a potential suspect. Parness told City News Service the analysis was ``very well thought out and logical'' and believes prosecutors ignored the suggestion to keep pursuing Clark as the main suspect. Milligan denied the allegation and told CNS he has fully cooperated with investigators and invited them into his home ``to tear it apart, do what you have to do'' so they can rule him out as a suspect. He said he has met investigators three times and turned over his phone, a GPS device and an iPad to authorities. He said he has offered to submit DNA and fingerprints as well. He conceded he was in the area when the fire erupted, saying he was about a mile away from Clark's cabin at the time. RELATED: Holy Fire suspect Forrest Gordon Clark charged with felony arson``There were four people in the canyon, and two people were above the fire and couldn't get back in and had to be rescued by helicopter,'' Milligan said. He said he understands law enforcement must investigate everyone who was in the vicinity of the fire's origin. In court, Parness asked Orange County Superior Court Judge Nancy Zeltzer to read the police report and argued that Clark's mental competency should justify a lowering of his bail. RELATED: Holy Fire suspect exhibits bizarre behavior in court appearanceZeltzer, however, kept bail at million, but noted that if further facts emerge about the case warranting reduced bail, Parness could make her request again. Deputy District Attorney Jake Jondle said the investigator's report mentioning Milligan is just an ``alternative theory,'' but there is ``no credible evidence'' to lead prosecutors to consider it seriously. Prosecutors are ``confident'' Clark is the right suspect, he said. RELATED: Video shows arson suspect talking with investigatorsClark has been the focus of investigators because of a ``combination of things,'' such as text messages he sent to neighbors as well as ``threats made'' to others, Jondle said. Clark could face 10 years to life in prison if convicted of aggravated arson damaging at least five inhabited structures, arson of inhabited property, arson of forest and making criminal threats, all felonies, as well as two felony counts of resisting arrest. In August, Orange County Superior Court Judge Kimberly Menninger ordered Clark to undergo a mental evaluation, saying she questioned his competency to assist in his defense. But on Nov. 28, Judge Michael Murray ruled that Clark was competent, and criminal proceedings were restarted. Initially, a defense expert concluded Clark was mentally incompetent, but a prosecution expert ruled otherwise, prompting Murray to appoint a ``tie-breaker'' expert, who concluded Clark was capable of assisting his attorneys in his defense. Parness has been pressing prosecutors to turn over more evidence in the case. She said she has been pushing to obtain text messages allegedly sent by Clark to neighbors, as well as surveillance video footage. On Aug. 6, the day the Holy Fire erupted, Clark allegedly threatened to kill a neighbor about 7:30 a.m., prosecutors said in a previous motion to deny him bail. As the neighbor walked to his truck, Clark allegedly told him that he `(expletive) with the wrong person,'' according to the motion. ``The defendant stated that he was `crazy' and noted it was `perfect' because he could do anything he wants and get away with it.'' Later that day, he allegedly set fire to his neighbor's residence in Holy Jim Canyon. The Holy Fire ultimately also destroyed 13 other residences. Orange County sheriff's investigator Jennifer Hernandez said in an affidavit supporting the motion to deny bail that Clark ``could be heard on video telling (a victim), `Mark my words, you're gonna die at 12:37... I have 100 percent plausible deniability. You're gonna die. I'm gonna murder you.''' Clark allegedly made at least five ``specific threats'' and``allusions'' to setting fires, according to Hernandez, who said the defendant``appears to believe in the Sovereign Citizen ideology.'' The ideology's supporters ``believe the government does not have the authority to enforce a majority of our laws and taxes,'' Hernandez wrote, adding that not everyone who subscribes to the theory is violent, but law enforcement recognizes it as a ``terrorism threat.'' Orange County sheriff's deputies have had multiple encounters with Clark dating back to 2006, according to Carrie Braun, a spokeswoman for the department. Parness said her client is ``doing better'' since prior court appearances when he was prone to verbal outbursts. ``He understands what's going on and I think he's doing OK'' now, Parness said. ``He's a very nice man, a gentle soul,'' Parness said. ``He's so polite to me.'' 5707

SAN YSIDRO, California — Migrants rushed the border Sunday morning, forcing the closure of the San Ysidro Port of Entry and several San Diego interstates. Southbound Interstate 5 and 805 closed at State Route 905, forcing drivers to be rerouted on one of the busiest travel days of the year. All north and southbound lanes of the port of entry were also closed to all vehicles and pedestrians, halting traffic. Las Americas Premium Outlets was also shut down due to safety and security. Check out the map below for more:  559

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