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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

SAN DIEGO (KGTV) - A gray whale spotted frolicking in shallow waters attracted dolphins and a crowd of swimmers and surfers in the ocean off Mission Beach Wednesday. Lifeguards got a call about the whale possible tangled in fishing line about noon, an official said. A lifeguard who swam toward the whale to investigate determined it was free.The gray whale was young, possibly a year and a half old, whale watcher and photographer Domenic Biagini told 10News. Gray whales are starting to migrate north from Mexico during the spring. There is a good chance San Diegans will see more mothers and juvenile whales closer to shore, Biagini says, because the shallow waters keep the whales safe from orcas. "It's some of the most exciting times for us as professional whale watchers to see these animals, but it's also when we see the most conflicts with these animals coming in with people," said Biagini.Sky10 was above the whale as a group of surfers and swimmers approached it near Mission Beach, coming close to the giant mammal.Biagini warns that can be extremely dangerous for humans and can also stress the animal."These gray whales, despite not being the largest of the great whales we see out here, they can still get 50 feet long and weigh up to 80,000 pounds, so you're talking very large animals. All it takes is one flick of the tail and you have a catastrophic accident. And moms are naturally protective of their young," said Biagini. The National Atmospheric and Oceanographic Administration adopted in 2011 new regulations under the Marine Mammal Protection Act and Endangered Species Act to encourage the public to ‘be whale wise.’ The NOAA guidelines include:DO NOT APPROACH or position your vessel closer than 200 yards to any killer whale in the U.S. DO NOT APPROACH or get closer than 100 yards to any other marine mammals or birds, whether on the water or on land.BE CAUTIOUS, COURTEOUS and QUIET when around areas of known or suspected marine wildlife activity, in the water or at haul-outs and bird colonies on land. Especially from May to September during breeding, nesting and seal pupping seasons.LOOK in all directions before planning your approach or departure from viewing wildlife.SLOW DOWN: reduce speed to less than 7 knots when within 400 yards of the nearest marine mammal and reduce your engine’s noise and vessel’s wake.ALWAYS approach and depart from the side, moving parallel to their direction of the animal’s travel. If the animal(s) are approaching you, cautiously move out of the way and avoid abrupt course changes. DO NOT approach from the front or from behind.IF your vessel is not in compliance with the 100 yards approach guideline (#1), place engine in neutral and allow animals to pass.PAY ATTENTION and move away, slowly and cautiously at the first sign of disturbance or agitation from any animal.STAY on the OFFSHORE side of the whales when traveling close to shore.ALWAYS avoid going through groups of porpoises or dolphins and hold course and reduce speed gradually to discourage bow or stern-riding.LIMIT your viewing time to 30 minutes or less. This will reduce the cumulative impact of all vessels and give consideration to other viewers.DO NOT disturb, swim with, move, feed or touch any marine wildlife. If you are concerned about a potentially sick, stranded animal, or entangled animal, contact your local stranding network. 3394

SAN DIEGO (KGTV) — A grieving son is speaking out after COVID-19 claimed its first local VA employee.John Martinez started feeling symptoms in early June. First, it was fatigue. Then came a fever and breathing troubles. His son Josh bought him a device to measure his oxygen levels. In mid-June, Josh's heart dropped when he read the device."His oxygen levels were below 80 and then dropped to 70. We got in our truck, took him straight to the hospital," said Martinez.John, an Army and Navy veteran, was taken to the VA Medical Center in La Jolla where he worked. For more than 15 years, he's maintained biomedical equipment like ventilators.When the pandemic started, he wanted to keep working."It was one of those things. The country needs him, so let's step up," said Martinez.A day after John was admitted, he found himself on one of the ventilators he knew so well. Soon after, his kidneys started to fail. His condition deteriorated quickly. More than a week ago, doctors allowed Martinez to visit."Just told him to fight, to keep fighting. I was crying. Just put my hand to the glass, trying to scream through the glass," said Martinez.Less than 2 days later, his father would pass away. John was set to retire after his birthday in late July, at the age of 63. Martinez isn't sure where his father contracted COVID-19 but other family members believe he got it while working."He wanted that benchmark of 63 to retire. He worked for so long and was looking forward to relaxation," said Martinez.Josh says he can only shake his head at the ongoing mask debate, and those who refuse to wear one."It's all good. Just put on your mask. Put the mask on," said Martinez.Josh is hoping to have his father buried at Miramar National Cemetery.A Gofundme campaign has been set up to help the family with expenses. 1819

SAN DIEGO (KGTV) -- A customer at a downtown flooring warehouse found a man dead inside the business Wednesday afternoon, according to San Diego Police.First responders arrived and performed CPR but could not resuscitate the man.According to police, homicide detectives were called to the 1000 block of G Street around 4 p.m. to investigate the death.Ghedeer "Tony" Radda, 49, the owner of the business, suffered traumatic injuries to the torso, according to Lt. Matt Dobbs, but it was unclear if he'd been shot or stabbed.Police said surveillance cameras captured two suspects running from the area. They have yet to determine a motive.Police said one of the suspects is a man seen wearing a mask resembling an older woman with gray hair. He was also wearing a gray jacket and dark pants. The second suspect is a woman last seen with purple hair police say may be a wig. She was also wearing a dark jacket and blue jeans. Radda leaves behind a wife and two young children. A GoFundMe account has been started for his family.Anyone with information is asked to call San Diego Police at 619-531-2293 or Crime Stoppers at 888-580-8477. 1161

SAN DIEGO (KGTV) — A 10-year-old boy who allegedly fired two rounds from a shotgun at San Diego Police officers after barricading himself in a Southcrest backyard shed is in custody, police say.Family members at the home in the 4000 block of Boston Ave., about a block north of Caesar Chavez Elementary School, called police at about 9 a.m. after the 10-year-old armed himself with a knife and hammer.When police arrived, the child ran and hid in a shed with a shotgun, SDPD said. The child fired two rounds at officers, according to police, but no one was injured.The 10-year-old barricaded himself for nearly two hours, before surrendering to police peacefully.SDPD said the child will be taken to a nearby hospital for evaluation.The shotgun was recovered at the scene, police said, and investigators plan to look into how the child came into possession of the weapon.10News is monitoring this breaking news story. This story will be updated as more information becomes available. 991

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