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SAN DIEGO (KGTV) — The California Department of Corrections and Rehabilitation said up to 8,000 inmates statewide could be released early in order to stop the spread of coronavirus within prisons, and the San Diego District Attorney Summer Stephan is now working to alert victims and families as people are released.“Those are people that cause a public safety risk and a real concern for us,” said Stephan.One known inmate being released in the next week is David Herbert, an Oceanside man who was convicted of torturing and killing dogs. He was sentenced to nine years in 2019 but has served a fraction of that. Now, Michelle Plaketta, whose dog was killed by Herbert, is worried about the safety of her family.RELATED: Oceanside man who tortured neighbors' dogs may be released early due to COVID-19“The system is basically failing us as victims to allow him to be released on such a short time,” Plaketta said.Stephan said at the end of July, about 300 inmates from San Diego County who had committed lower-level crimes were released early and returned back to society. In that group was Martin Alvarez, the man suspected of stabbing another man to death in a Pacific Beach bathroom in August. He had recently been released early as part of this COVID-19 prevention program and now faces the new murder charges.RELATED: Man fatally stabbed in Pacific Beach bathroom, San Diego police sayShe said her office was not alerted when the first group of people was released, so they worked with the CDCR to create a line of communication. Now, the DA’s office will get five days notice before inmates are released, giving them time to reach out to victims and survivors with an emergency team that was created for this purpose.“What do you need from us? Do you need us to help you with a restraining order? Do you need us to help you relocate?” Stephan said, referring to questions they ask victims and survivors.The San Diego District Attorney’s office has so far received notice that another 221 inmates could be released early, but this time it’s for different types of crimes, putting Stephan on alert.“They are serving life in prison for a murder or something like and now that timeline that the victim counted on through a justice system is shortened,” said Stephen.The CDCR’s website outlines the eligibility requirements for early release.People can be released if they have less than 180 days left on their sentence, are not currently serving for domestic violence or a violent crime, have no current or prior sentences that require them to register as a sex offender and finally do not have an assessment score that indicates a high risk for violence.People can be released if they have 365 days or less on their sentence, are not currently serving for domestic violence or a violent crime, have no current or prior sentences that require them to register as a sex offender and finally do not have an assessment score that indicates a high risk for violence.People who are deemed “high risk” for COVID-19 can be released early. People have to be high risk, can't be serving life without parole or condemned, have an assessment indicating low risk for violence and cannot be high-risk sex offenders.Stephan said their first priority is giving assistance to victims and survivors, but she also wants the public to be aware of these releases.“People who commit violent crimes, they could pick another victim when they’re out,” she said.The family of Cara Knott, the woman killed by a CHP officer in 1986, put out a plea to not release her killer, Craig Peyer. The DA confirmed as of Aug. 28, Peyer is not on the list of inmates eligible for early release.RELATED: Cara Knott's family fears her killer could be released 3730

SAN DIEGO (KGTV) - The first round of artists for San Diego’s Wonderfront music festival, supported by the star power of Tony Hawk, Trevor Hoffman, and Rob Machado, was announced Monday. The event will take place on seven stages in parks and on piers along the Port of San Diego, from South Embarcadero up to Broadway Pier. Wonderfront is scheduled for Nov. 22-24, 2019, the weekend before Thanksgiving. Wonderfront organizers plan to mix well-known stars with local favorites and emerging artists. “Our goal with this lineup was to have it stacked from start to finish each day with great artists. It’s hard to really call any certain bands our so-called headliners as so many lines of bands on this festival are all headliners in their own right,” said Wonderfront co-founder Paul Thornton. The first round of artists, announced Monday, include Miguel, Slightly Stoopid, Ben Harper & The Innocent Criminals, MGMT, Dimitri Vegas & Like Mike, Nicky Jam, Don Omar, Vince Staples, Tyga, Los Angeles Azules, Tucanes de Tijuana, Walk the Moon, Phantogram, X Ambassadors, Michael Franti & Spearhead, Lil Dicky, Big Gigantic, and Pennywise. A second round of artists will be named later in the summer, organizers said. North County resident Tony Hawk will have a presence at the festival with the Huckjam stage for music and a skateboarding ramp, where he and other pro skaters will perform tricks. “I’m excited to bring back the Huckjam format (choreographed and freestyle skating with live music) after 10 years of hiatus, and there is no better place for it than my hometown. I’m proud to be involved with Wonderfront, and it’s been a blast helping handpick the legendary punk bands for our stage.” Tony Hawk, Wonderfront Festival Partner. Tickets go on sale Friday, June 14 at 10 a.m. and start at 9 for a three-day pass, according to organizers. Subscribers to the festival’s WonderLIST will have access to pre-sale Early Bird discounts June 7.Get more information on the Wonderfront website. 2014

SAN DIEGO (KGTV) — Surveillance video captures in "disturbing" peeper outside a home in Old Town, as a teenage girl slept inside.Steve rents a home along Jefferson Street. Around 1:30 a.m. Sunday, he was close by with some friends when he got an alert on his phone."Just a feeling of alarm," said Steve.A stunned Steve saw video of a man outside his home, just staring. The cameras capture an older, balding man on the side of the home. His left hand is in his pants, as he peers into the windows."Behavior was really creepy," said Steve.Steve called police and raced home. His 15-year-old daughter was inside, asleep on the couch. In the video, the man keeps looking inside, though all the blinds are closed. His hand is still where it is."My immediate concern is that the guy is going to break a window or climb in the house," said Steve.After peering in the windows, he goes around the back and out of camera range. When he reappears, he decides to smoke before taking yet another look."He was so comfortable in my space looking in my windows and doing what he may have been doing," said Steve.Not long after, police arrive and take him into custody. The video shows he had been outside the home for some 30 minutes. Police say there was not enough evidence a crime had been committed and the man was released after an hour. Steve is still hoping to get the word out on the stranger and the odd behavior he fears could escalate."Probably has done it before and will do it again. Next time, he may go inside the house and decide to do something more than looking in a window," said Steve.Though charges haven't been filed, anyone with information on the case is asked to call San Diego Police at 619-531-2000. 1719

SAN DIEGO (KGTV) -- The Carlsbad Police Department released body camera footage Saturday night in response to public concerns over officer misconduct during an incident involving a 27-year-old black man.The June 11 incident gained attention after cell phone video surfaced showing officers using a Taser on the man and pressing his head into the pavement in an attempt to subdue him."A video is circulating showing a police use of force incident from Thursday night. Open lines of communication between the Police Department and the community are more important now than ever," Carlsbad police said in a statement."As with all uses of force, we fully investigate incidents to ensure the officers’ conduct is consistent with the Police Department’s policies," police said.The cell phone video doesn't show the start of the incident. The witness video begins with the man on the ground surrounded by paramedics and two officers lying on top of him.The newly released six-minute body cam video starts from the moment two officers respond to the scene. According to the department's timeline of the incident, officers and paramedics responded to a call at 8:48 p.m. about a man found face down on a sidewalk at Ponto Road and Carlsbad Boulevard."Two officers arrived and found the firefighters evaluating the man, who was now standing," police said.Bodycam footage shows the man talking with paramedics, and the group appears to disperse. With the officers approaching, the paramedics step away from the man. The man tells the paramedics, "I'm not complaining about anything else."The man appears to hear something from the group of paramedics and screams out, "are you mocking me?"A paramedic tells the man, "No, I'm not mocking you at all."One officer says, "Hey, they're just here to help you, man."The man stands face to face with the paramedic telling him, "the way he said it is different from how you said it. Because I understand how the f--- you say it. But what do you mean when you say it?"According to the police timeline, "The man walked quickly toward the medics while continuing to yell profanities. Officers, fearing for the safety of the medics, interceded."The report says, "Officers reached out to the man and told him to stop."A struggle ensues and the body cameras are knocked to the ground leaving only an audio recording of the incident for about two minutes. The officers pick up the cameras and resume video recording the scene about two minutes later.The department juxtaposed three camera angles of the confrontation with the man -- two from officer body cameras, and one that was recorded by an unidentified "resident." The witness video fills in a section of lost body cam footage.Carlsbad police said the investigation is still ongoing and are asking the public who may have witnessed the incident to contact the department at their non-emergency line at 760-931-2197.The man in the video, Marcel Cox-Harshaw, 27, of San Diego, was cited and released for resisting arrest. Police also charged him with being drunk in public. Police said drugs and or alcohol played a role in the incident.10News has reached out to Cox-Harshaw for comment.CARLSBAD POLICE DEPARTMENT TIMELINE OF EVENTS:A video is circulating showing a police use of force incident from Thursday night. Open lines of communication between the Police Department and the community are more important now than ever. That’s why we are providing a detailed chronology of this incident.As with all uses of force, we fully investigate incidents to ensure the officers’ conduct is consistent with the Police Department’s policies.At 8:48 p.m. A caller reported a man face down on a sidewalk at Ponto Road and Carlsbad Boulevard.At 8:55 p.m. Carlsbad Fire Department personnel arrived at the location and began their evaluation of the man.At 8:59 p.m. Two officers arrived and found the firefighters evaluating the man, who was now standing.While medics evaluated the man’s condition, the man became visually agitated and started yelling at the medics.At 8:59 p.m. The man walked quickly toward the medics while continuing to yell profanities.Officers, fearing for the safety of the medics, interceded.Officers reached out to the man and told him to stop.The man continued to yell as officers tried to handcuff the man to take him into custody.The man yelled, struggled, turned and pulled from the officers and would not comply with their instructions.At 9:02 p.m. Officers then used a taser to attempt to subdue the man.At 9:03 p.m. The officers then restrained the man by holding his body and head to the ground while placing him in handcuffs. He was not injured, but he continued to shout angrily. Officers asked him to calm down, but he refused to comply and continued shouting.At 9:03 p.m. Officers considered the man detained.A mesh bag called a spit mask was placed on the man’s head to protect the officers and paramedics from coming into contact with droplets coming from the man’s nose and mouth This bag is porous and does not restrict breathing.At this time, paramedics were able to place the man on a gurney, where he continued to yell and struggle.At 9:07 p.m. Paramedics transported the man to a local hospital where he was sedated, assessed and released.The man, 27-year-old Marcel Cox-Harshaw of San Diego, was cited and released for resisting arrest. An additional charge of drunk in public has been presented to the District Attorney's Office. The initial investigation indicates that drugs and or alcohol played a role in the incident.The investigation is still ongoing. We are asking any community members who may have witnessed the incident to call the non-emergency police number at 760-931-2197 to share their accounts.Here are some of the department’s policy that pertain to the incidentOfficers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose.When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include but are not limited to:o The apparent immediacy and severity of the threat to officers or others – Mr. Harshaw charged unarmed fire personnel while yelling profanities.o The individual’s apparent ability to understand and comply with officer commands – Mr. Harshaw would not comply with officer commands.o The conduct of the individual being confronted, as reasonably perceived by the officer. Mr. Harshaw was yelling and behaving aggressively toward fire personnel.o Proximity of weapons or dangerous improvised devices. – Officers had no way of knowing what was in Mr. Harshaw’s backpack or baggy pants.o The effects of drugs or alcohol. Mr. Harshaw appeared to be under the influence of drugs and or alcohol.o Whether the person appears to be resisting, attempting to evade arrest by flight, or is attacking the officer. Mr. Harshaw was at no time compliant.The TASER device may be used in any of the following circumstances, when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to control a person:o The subject is violent or is physically resisting. Mr. Harshaw was physically resistant and behaved aggressively toward fire personnel.o The subject has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others. – Mr. Harshaw charged fire personnel, while yelling profanities and he was not compliant with officer commands.Supervisory notification shall be made as soon as practicable following the application of force. A supervisor was immediately called to the scene and an investigation was opened. The investigation includedo Obtaining the basic facts.o Collect evidence at the sceneo Ensure that all needing medical treatment are treated. Mr. Harshaw was transported to the hospital and released. An officer also received minor injuries.o The scene was canvased for additional witnesses.o Complete a Supervisor’s Compliant Summary Report and forward it to the Professional Standards Unit.o Prepare Supervisor’s Use of Force Report 8374

SAN DIEGO (KGTV) - Students distracted and bitten in class at Madison Senior High in Clairemont are hoping for some help to make the mosquitoes go away.The west side of campus, against Doliva Dr., is where people told 10News they were bitten. The same area houses special needs classes. 10News was sent two pictures, one of a student, with special needs, whose calf was bitten by a mosquito, and another of a dead mosquito. It appears to be black with white spots or stripes."It was really bad and it was burning and everything," Junior Arryonna said. She was bitten in art class Thursday."I feel like my ankle starts itching so I'm like what's on my ankle, so I look and I got two bumps on the side of my ankle," she said reaching down to scratch. She said she's allergic, making the bites that much worse.The school district says the first report of a mosquito bite came mid-September, around the first time Aryonna said she was bit. Pest Control came out twice and deployed an organic compound in the drain to kill mosquito larvae. The County was scheduled to come out next week, but after 10News called, they showed up Friday afternoon, according to the district. 1176