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SAN DIEGO (KGTV) - A final report from the National Transportation Safety Board points to the probable cause of a 2016 crash into the Navy Pier and dock in downtown San Diego.The Adventure Hornblower collided with the seawall sending people on shore scrambling for safety.According to the August 2017 report, the probable cause is listed as “failure of the port transmission to disengage from the forward propulsion position due to the operating company’s lack of adherence to the transmission manufacturer’s recommended periodic maintenance schedule and the lack of routine maintenance and upkeep of the propulsion system’s equipment.”It also says that the lack of instrumentation to provide a positive indication of thrust direction or an alarm to indicate the propulsion control system was not responding properly to the captain's commands."it was shocking,” said passenger Susan Pendergast. “I mean it was just shocking.”Pendergast says when the vessel hit the dock she was thrown to the ground, re-injuring an already bad back.She eventually had surgery in two different places.“It’s left me certainly not with the life I once had,” she said.Following the collision, an official with Hornblower told 10News it could be related to a possible mechanical failure.A few months later court documents pointed toward an unforeseeable and unpreventable mechanical failure despite proper maintenance, the fault was caused by the neglect of others.The NTSB report disputes that finding.When talking about the collision, the report states,  “As the Adventure Hornblower approached the pier on the accident date, the port transmission failed to respond to the captain’s helm orders. Investigators believe that the fault occurred between the servo-actuator, the mechanical linkage, and the control unit, most likely due to neglected maintenance to the port transmission and control system.”In a statement, a spokesperson for the Hornblower disputes the NTSB’s findings writing, “Hornblower Cruises & Events continues with safe, daily operations, following the allision of Adventure Hornblower back in 2016. On that day, the initial response of our captain and crew to address all immediate safety concerns and ensure the well-being of all guests aboard, was exceptional. Hornblower has noted several inaccuracies in the NTSB report on this matter, and therefore disagrees with its determinations as to the probable cause of the allision.  Due to ongoing product defect litigation, Hornblower cannot comment further at this time. Hornblower, deeply appreciates the amazing loyalty of our customers and guests over the years, and we continue to work with care and diligence, every day, to deliver on that trust.” 2739

SAN DIEGO (CNS) - Three San Diego County sheriff's deputies were justified in fatally shooting an Alpine man who charged at them with a knife in his hand last fall, according to a report released Wednesday by the District Attorney's Office.Daniel Ayala, 31, was shot 10 times outside his apartment in the 2600 block of Alpine Boulevard last Nov. 12.Sgt. Chris Katra, Cpl. Sean McGillicuddy and Deputy Kevin Nulton responded to that address around 2:50 p.m. following reports that a man was screaming, talking about killing himself and others, and throwing items, according to a letter prepared by District Attorney Summer Stephan and addressed to San Diego County Sheriff Bill Gore.Body camera footage from two of the lawmen was also released by the D.A.'s office.RELATED: Man who was fatally shot by deputies in Alpine identifiedAs the deputies approached the front door of Ayala's unit and knocked, announcing ``Sheriff's Department'' three times, Ayala opened the door, said ``What's up!'' and jabbed a knife twice through his metal screen door, the body-worn camera footage shows.The deputies backed up from the door as Nulton alerted the others by saying ``Knife, knife, knife.''Ayala then opened the screen door and advanced towards the lawmen, who opened fire, striking him mostly in the upper body, according to Stephan's letter.Ayala died at the scene. His 5-year-old son was inside the apartment during the entire encounter, but was physically unharmed, according to the district attorney.Toxicology results showed Ayala had methamphetamine, heroin, cannabis and alcohol in his system.Stephan's letter concludes that the deputies ``were in a confined space when Ayala advanced on them quickly with a knife in his hand.'' The letter also notes Ayala's previously reported statements about killing people.``The deputies had no other option available to them as they Ayala could stab them immediately and seriously injure or kill them,'' the letter reads.Katra has been employed by the San Diego Sheriff's Department for 18 years, McGillicuddy for 12 years and Nulton for 10 years. 2096

SAN DIEGO (KGTV) - A billion trolley extension in San Diego just hit a roadblock that could delay the project and drive the price tag even higher.Team 10 discovered the building permit for the Nobel Drive – La Jolla Village Square parking structure was not approved. The project development is being led by the San Diego Association of Governments (SANDAG).According to a letter sent from the City of San Diego to SANDAG, "The City determined in October 2019 that a building permit cannot be issued because the plans do not comply with the California Building and Mechanical Codes."The letter stated that the design of the parking structure includes a natural ventilation system, and the Building and Mechanical Codes require a distance separation of 10 feet where no other structures can be built that would block that ventilation. It goes on to state that the Building Code requires a minimum fire separation distance to an assumed property line between buildings or a property line.According to the letter, "The City understands it is SANDAG's position that the language in the easement being acquired for the parking structure prohibiting the property owner from causing a hazardous condition to the structure or the easement is sufficient to provide the necessary fire separation. However, the City disagrees that this language expressly prohibits the property owner from building on its property within the ten-foot separation required for the parking structure to comply with the Building Code. The parking structure easement only covers the footprint of the structure, and no other building restricted easement was obtained over the ten-foot separation area. The easement language specifically states that SANDAG has the responsibility for ensuring that the structure meets applicable building codes and safety standards."In a statement to 10News, the City of San Diego Chief Building Official wrote, "The City of San Diego has continuously worked with SANDAG and provided it with several options to incorporate the required fire-separation distance into its proposed Nobel Drive Parking Garage project and achieve compliance with the Building Code. Once the project design meets the building code requirements, a building permit will be issued."On Wednesday, SANDAG's Chief of Capital Programs Jim Linthicum told 10News the disagreement has nothing to do with the ultimate engineering of the project."It has nothing to do with any of the technical, the engineering, the mechanical work inside this parking structure they've all approved that," Linthicum said. "It has to do with a long issue of a setback, and so what we've requested is let us keep on talking and figure this out, but concurrently, let's keep the construction going so that Mid-Coast [Trolley] stays on schedule and on budget."Linthicum said the City requested a setback from the parking structure. He said the two agencies disagree on what exactly the code says."While we're working through this disagreement, we've asked for kind of a conditional or temporary permit to let work continue."Here's why the parking structure is so important. Beyond the parking spots, it will house some of the signaling and communication hardware that's needed to operate the trolley.Team 10 investigator Adam Racusin asked Linthicum if this could de-rail the project."Absolutely not," Linthicum said. "What this could do is this could delay the opening, and whenever you delay the opening, whenever you delay any mega project like this, it increases cost, and I think most people would understand that. We don't want to delay the opening, and we don't want to have increased cost. We have been working great with all the partners on this project. You know, with the City of San Diego, UCSD, and Caltrans, we've been working great. This, in my view, is just a small hiccup where they don't feel comfortable issuing a temporary or conditional permit."Linthicum said while they continue talking to the City of San Diego, they want the work to keep progressing."SANDAG has the authority under our MOU, our memorandum of understand with the city, to take this on ourselves," Linthicum said. "So we're going to be going to our board of directors later this month asking for that permission to do so."Linthicum said he's confident the parking structure will be open on time in October, keeping the project on budget and on track.A spokesperson for SANDAG also sent 10News a statement that says in part, "Throughout the Mid-Coast Trolley project, SANDAG has worked diligently to ensure that all design and construction work complies with California Building Codes and other applicable regulations. SANDAG continues to work through the technical issues raised by City of San Diego with regard to the Nobel Drive Trolley Station parking structure and is optimistic that the requisite building permit will be issued to allow the timely completion of the structure. The Mid-Coast Trolley project will add 11 miles to the UC San Diego Blue Line Trolley, extending service from the Santa Fe Depot in Downtown San Diego north along the I-5 corridor to the University community. The project is over seventy percent complete and remains on schedule." 5204

SAN DIEGO (KGTV) -- A big rig tipped over in North County Tuesday afternoon, spilling debris onto the road and forcing a hazmat team into action. According to authorities, the truck tipped over near eastbound SR-78 at Vista Village Drive just before noon. The incident caused house demolition debris and diesel from the big rig to spill all over the road. In total, about 30 gallons of diesel spilled onto the road. Crews used dirt and kitten litter to clean up the fuel. Firefighters, CHP, deputies and hazmat crews all responded to the scene. The incident caused the hours-long closure of the Vista Village overpass. At this time, it's unclear what caused the truck to tip over. The driver was uninjured.  750

SAN DIEGO (KGTV) -- A former professional skateboarder convicted of raping and murdering a woman in Carlsbad nearly three decades ago is suitable for parole, a hearing panel at Donovan Correctional Facility determined Tuesday.The Board of Parole Hearings panel determined Mark “Gator” Rogowski is not an unreasonable risk to the community, setting him up for release despite objections from the victim’s father and the San Diego County District Attorney’s Office over a crime that stunned the region in the 1990s.“We think the decision did not take into account the grave public safety concerns posed by this inmate. We think he still poses a threat, especially to women,” said Supervising Deputy District Attorney Richard Sachs. “When someone does something as horrible as this, it shocks the conscience that they would be granted parole,” he added.A world champion skateboarder in the 1980s, Rogowski was convicted of beating Jessica Bergsten with a metal rod into semi-consciousness, raping her, wrapping her in a surfboard bag, and strangling her to death in a fit of rage that spanned three or more hours. Rogowski later buried her body in the desert.Bergsten was a friend of Rogowski's ex-girlfriend. He said he took out his rage from the break-up on Bergsten, a college student and part-time model, in a case of "misplaced revenge."“The pain never goes away,” the victim’s father Stephen Bergsten told the panel. “This inmate received a life sentence, but he imposed a death sentence upon Jessica and our family.”Commissioner Brian Roberts said the panel took several factors into consideration, including Rogowski’s remorse for the crime, lack of significant criminal history, good behavior in custody, and rehabilitation programs he has completed during his 27 years in prison.Roberts said the panel also put significant weight on a new law that gives added leniency to “youthful offenders” who commit crimes before the age of 26. The law, which took effect in 2018, is based on studies showing the impulse control architecture in the brain is not fully developed in most people until about age 25.“I’m disgusted with what I did. I think about it every day,” Rogowski told the board. “I took everything from that poor family. They have every right to be angry with me. I want to make it go away but I can’t.”The Board of Parole Hearings has 120 days to finalize the decision. After that, the case will go before the governor for review.“Unfortunately, justice wasn’t served today, but the governor will have a chance to look at this case and we hope he will,” Deputy DA Sachs said.Commissioner Roberts ordered Rogowski to live temporarily in transitional housing upon release. The 53-year-old inmate said his long term plan is to live with his brother. He said he already has a job offer to do paralegal or clerical work. 2838

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