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SAN DIEGO (KGTV) - While San Diego County teeters on the edge of a fall from the state's red to purple tier, local school districts are left scrambling to sort out conflicting directions."It's extremely frustrating. I want to bring kids back on campus more than anyone," said La Mesa-Spring Valley School District Superintendent David Feliciano during an interview with ABC10 News on Friday. His district pushed its reopening date to Nov. 30 but may be forced to stay closed if the San Diego County moves to the purple tier which is the most restrictive tier.If by next Tuesday San Diego County's case rate continues to hit above 7 cases per 100,000 residents, we could be moved into California's purple tier.RELATED: In-Depth: When will San Diego playgrounds reopen?"It puts us in a difficult spot and it especially puts parents in a very difficult spot and we're the ones breaking that news [to them]," added Feliciano.On Friday, officials with the California Department of Public Health wrote to ABC10News, "If a school did not open while the county was in the red tier, and the county subsequently moves to the purple tier, that school will not be able to open for in-person instruction, until the county has returned to the red tier and been in the red tier for two weeks."That goes against what San Diego County officials have been reporting. Its online guidance plan reads in part, "If we are directed by the State to Tier 1, our schools will not be [affected] in their ability to continue in-person education or initiate their in-person education while in Tier 1. If our county were to go to Tier 1, a waiver would not be required to reopen for in-person learning and grade levels would not be restricted."RELATED: Some San Diego businesses plan to defy future orders to close"This is new for everyone and it's confusing and difficult for everyone," added Feliciano.An official with the Poway Unified School District wrote to ABC10 News on Friday that it could not offer an interview because it was still trying to clarify the contradictions between the state and San Diego County.On Friday afternoon, a spokesperson with San Diego County sent 10News the following statement: 2191

SAN DIEGO (KGTV)- A local family contacted Team 10, concerned about the recent marriage of their elderly father to his new caregiver.  In a petition filed in probate court through an attorney, the family of James Donald Hess accused his new wife and former caregiver of "physically and verbally abusing him, and asserting undue influence over him." "It's just heartbreaking," said Dede Hess about her father-in-law. "I was just like, this isn't real." Dede Hess said her father-in-law, known to many as Don, is not in the best health. In the petition, it said his "health steadily declined" after Don's second wife passed away in February 2016 and that he suffered from "depression and loneliness" and became dependent on in-home caregivers. In the petition, it claimed that a caregiver named Nicky convinced Hess to marry her after just a few months. Hess and Nicky Shepard -- now Nicky Hess -- were married on October 14, 2017. Hess was 86-years-old. Nicky was 64.  "I think of her as a shark that smelled the blood in the water," Dede Hess said. RELATED: Resource guide for elderly San Diegans and families Dede Hess also learned more about the past of her father-in-law's new bride.  "When she met dad, she was married, but she was a newlywed," Dede Hess said. "Two weeks after her divorce was final, she married dad." Team 10 found Nicky was divorced at least five times.  The family alleged Nicky convinced her new elderly husband to "withdraw large sums of money from his investment accounts" and that she "forged [ his] name on documents," according to the petition. It also said she placed his health "in extreme danger" by keeping medication from him or giving him too much.  "I would love to see some justice on behalf of my father-in-law, especially if he's ill," Dede Hess said.  Team 10 learned that Don Hess is now hospitalized. His family said his heart stopped for several minutes and he also suffered from renal failure and pneumonia. The conflict brought both sides to probate court in mid-March where the judge acknowledged the difference of opinion regarding Mr. Hess's marriage.  "I know that you have very different views about whether this is on one hand, a recent marriage of an elderly person to his caregiver and the vulnerability that that can present and the possibility of financial abuse versus, on the other hand, a person who is engaging in his right in his older years to find love and get married," said Judge Julia Kelety. The petition is to remove Don Hess from the new trust made late last year. Hess's children claimed he was not competent at the time.  The petition said the new trust "largely disinherits his natural children... in favor of Nicky."  "The document was done in December so we have issues about its validity," said attorney Todd Stevens. However, the attorney present for Don's side said that is not the case.  "It appears to be a validly, executed trust by Mr. Hess," said attorney Lisa Frisella. Frisella said in court Mr. Hess went to a lawyer on his own and amended the trust.  Team 10 visited the Hess home to get Nicky Hess's side of the story.  She was home and did not want to talk in person. However, less than an hour later, Nicky called Team 10 and said over the phone: "All I need is love. I don't even think about his money. His kids did not approve our marriage."  Team 10 asked about allegations of elder and financial abuse. Nicky Hess said, "No, no way. I never elderly abuse my husband. I love him so much." In the petition response filed by Don's lawyer, it also denied any abuse and said the "children were more concerned about their inheritance than his happiness." In court, Judge Kelety temporarily "suspended" Mrs. Nicky Hess as successor trustee until another court appearance scheduled for April 5th.  It was a small victory for Dede Hess and the other Hess children, as they pray for their father's recovery. "I don't want this to happen to anybody else," Dede Hess said.  According to the National Council on Aging, elder financial abuse is likely underreported. A 2015 study found this type of abuse and fraud costs older Americans .5 billion a year.    4398

SAN DIEGO (KGTV) - 10News got an exclusive interview with the young San Diego man who says a local ICE agent pointed a gun at his head before being arrested, in part, for driving under the influence.“I’m 20 years-old and for him to pull a gun on me just for test-riding my motorcycle on the street is definitely not okay,” says Jonathan Levenson.A spokesperson for Immigration and Customs Enforcement (ICE) confirms ICE Agent Ed Zuchelli is on administrative leave while officers investigate a criminal matter.San Diego police confirm the incident happened on February 16th on Blue Lake Drive in the community around Lake Murray.Levenson says he was test-riding his dirt bike on his street when he saw the agent walk into the middle of the street to block him.“He had it pointed at me at a ‘shooter’s position’. That’s when I knew it was definitely a gun,” he tells us of the agent, who is his neighbor. “When he first came up to me I could smell some beer on his breath but nothing too strong,” he adds.Levenson says he rode around the agent, but the agent got into his vehicle and followed. “He turned on his lights and sirens and started yelling at me through his microphone. [He was] telling me he was a federal agent and not to mess with him,” says Levenson.Levenson adds that the agent showed him his federal ID badge.SDPD confirms Zuchelli was in a government-issued vehicle at the time of arrest.Police say he was arrested for alleged DUI, showing a weapon and making threats. He was booked and has since bonded out.Zuchelli was supposed to be arraigned on Monday but the District Attorney’s office wrote that it needs more time to review the case.Levenson says all he’s looking for is an apology.Read the full statement from ICE below:“ICE employees are held to the highest professional standards. We will continue to cooperate with local authorities on the investigation related to the arrest of HSI agent Ed Zuchelli. In accordance with ICE policy, Mr. Zuchelli has been placed on administrative duty pending the outcome of the criminal matter.” – Lauren Mack, spokesperson for U.S. Immigration and Customs Enforcement 2147

SAN DIEGO (KGTV) — With nearly all New Year's Eve celebrations canceled this year, the San Diego Symphony will host a virtual event to help ring in 2021 at home.The symphony's hour-long concert will be hosted on Thursday at 7 p.m. and requires a minimum donation to enjoy online.Viewers will enjoy music by Johannes Brahms, Duke Ellington, J. Strauss Jr. and Sr., plus a special performance of George Gershwin's "Rhapsody in Blue," featuring young piano star Ray Ushikubo, led by music director Rafael Payare.The musical lineup will include:Gershwin - Rhapsody in Blue (arr. Cliff Colnot) (feat. Ray Ushikubo, piano)Brahms - Selected Hungarian Dances (arr. Peter Stangel)Ellington - "Sophisticated Lady" (arr. Morton Gould)J. Strauss, Sr. - Radetzky March (arr. Peter Stangel)J. Strauss, Jr. - Emperor Waltz (arr. Schoenberg)The concert will be available for registered viewers to access for one week after the event. To purchase access, visit the concert's page here. 980

SAN DIEGO (KGTV) -- With the announcement that San Diego Unified School District is beginning their school year online, some parents are looking at other options.Patrick Batten has four children. He said his incoming high school senior did well with distance learning in the Poway Unified School District, but it was a struggle for his 12-year-old.“It was not a platform that she adapted to,” Batten said.Batten and his wife both work full-time. Right now, Poway Unified is offering choices. In a letter to parents, the reopening plans include two options: a “return to on campus learning (with some online options) or participate in [the] Virtual Learning Academy.” Batten knows those options could change as the beginning of the school year gets closer. If some type of on-campus learning is off the table, they may look outside the district.“We’re exploring the option of private school and how do we financially afford that,” Batten said. He said he would also look to a district that does offer in-person instruction.“I’m strongly hoping that they stick with their original plan and they give the option for teachers to be able to teach in person if they’re comfortable with it, as well as if a teacher isn’t, that they have the option to teach online and give the same opportunity for parents,” Batten said.John Anderson’s two children are in the San Diego Unified School District. Monday, the school district announced it is “committed to the beginning of the school year online.”“I think the online experience in the spring was okay, but to do it for potentially a whole semester or a whole year, I think is going to be a pretty big struggle for the kids,” Anderson said. Like Batten, he has had discussions with his wife about options outside the district if some type of in-person instruction is not available.Some homeschool options have seen increased interest since the pandemic began. Sage Oak Charter School is an independent studies program that operates in several counties including San Diego. Student services coordinator Chelsey Anema said the number of inquiries to the school has increased “extreme numbers.”“Our normal family that enrolls is a family who, they just are passionate about homeschooling. Now, I think a lot of families are enrolling who are wanting out of the traditional brick and mortar school because they don’t want what they had in the spring,” Anema said.South Bay mom Elisa Hilliard homeschools her three daughters and shares her experience through her social media channels as “San Diego Homeschool Mom.” Hilliard has advice for parents looking to homeschool their own kids.“Things are going to be different and they’re not always going to be easy. You have to be ready for change,” she said. “It [also] really depends what your schedule is like, how flexible your hours are, can you build a schedule with your family.”The San Diego Unified School District will give parents another update on August 10th. When asked about enrollment numbers, a SDUSD spokesperson said that data is not available until a few weeks after the school year starts. 3096