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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) - The City of San Diego is one step closer to approving the 6.5M purchase of two hotels to permanently house homeless people living in the convention center.When the pandemic hit in March, the Bridge Shelters and Golden Hall were cleared out and about a thousand people were brought into the convention center, according to the mayor's office.The emergency setup allowed for proper social distancing, and resources to request PPE and other supplies.The convention center will be emptied in December to prepare to open for events when it is safe.Since the pandemic, downtown has looked different according to Marshall Anderson, Vice President of Government Affairs with the Downtown San Diego Partnership."I would encourage all of you to walk around downtown so you can see just about how safe and livable it is at the moment ... For too long has downtown acted as the region's homeless shelter. It's nice to see another neighborhood bearing some of the responsibility for sheltering some of our most vulnerable," he said.The city plans to buy two Residence Inn hotels, one in Kearney Mesa, the other in Mission Valley. Together the hotels could house about 400 people and support tenants who are accessing services for mental health and substance abuse issues.During the city's Public Safety and Livable Communities Committee Meeting Wednesday, Mission Valley neighbors voiced their complaints."It's a bad idea, I am absolutely opposed to this project," a man who has lived in Mission Valley for 30 years said."My real concern is obviously the safety of my community but also the safety of the potential residents ... I am just opposed to this idea because it doesn't seem practical for the city and I feel like it opens the city up to a lot of liability in terms of motorist versus pedestrian accidents," a woman living in the same neighborhood added. She is concerned there is not enough transit or pedestrian infrastructure in the area.The people who would move into the hotels, according to the mayor's office, are stable and already accessing services for mental health and substance abuse. The office added there are already similar units in the area.The committee passed the plan to purchase the hotels and the item will go before the full city council on Oct. 13. 2299

SAN DIEGO (KGTV) - The deadline is approaching for millions of Americans to pick their health insurance providers for their company plans.Jeri O’Conner is among the San Diegans who made a change for 2019. She’s switching from Covered California to Medicare. O’Conner had plenty of questions about her options.“This plan will cover this what the deductibles are if there are co-pays cause there are some plans that are zero premiums,” O’Conner said.She got help from an expert, like Tim Thompson. He helps people navigate through the confusing world of health insurance.Thompson asks clients these basic questions: 621

SAN DIEGO (KGTV) — The man accused of fatally stabbing a motorist seven times in the South Bay during a road rage dispute was convicted of second-degree murder Friday.Jurors found Rickey Vernon Smith, 60, guilty after only one day of deliberations in the Nov. 27, 2018, slaying of 36-year-old Horace Williams Jr.Smith is set to be sentenced on Dec. 11.RELATED: Local man brings families light in times of needThe road rage confrontation between Smith and Williams came to a head near Chula Vista Golf Course, after the two argued along several roadways last November. Williams reportedly threw a soda cup at Smith's vehicle before Smith struck Williams' minivan.Prosecutors say Smith then got out of his truck after cutting Williams off, walked over to his driver's side window, punched Williams in the face and walked away, until walking back and stabbing Williams several times with a knife.Witnesses said Williams got out of his van and collapsed in the roadway, bleeding heavily. The father of five was pronounced dead at Scripps Mercy Hospital in San Diego.RELATED: Father of five killed in Chula Vista road rage stabbingSmith's attorney argued Williams was the aggressor in the case. During a 911 call after the stabbing, Smith told a dispatcher Williams had cut him off and threw a drink at his truck. He added that he followed Williams and later punched and stabbed him out of self-defense after Williams punched him.Smith claimed Williams had lunged at something near the center console of his van and Smith produced his knife "as a last resort," defense attorney Brian Watkins said in court.Prosecutors argued against those claims, citing physical evidence that Smith had forcefully stabbed Williams and was not harmed in the altercation.City News Service contributed to this report. 1801

SAN DIEGO (KGTV) — The government is warning consumers not to get duped by fraudulent coronavirus test kits.As COVID-19 fears spread, the U.S. FDA is warning Americans about fake "diagnostic, prevention and treatment claims" the agency is beginning to see appear in the market.Currently, there is no approved home testing kit for coronavirus available for consumers, according to the FDA.RELATED:Q and A: Food safety and the coronavirus diseaseEight arrested, accused of price-gouging during COVID-19 emergencyCOVID-19 patient in Kentucky went through week-long struggle to be tested"The FDA has not authorized any test that is available to purchase for testing yourself at home for COVID-19. The FDA sees the public health value in expanding the availability of COVID-19 testing through safe and accurate tests that may include home collection, and we are actively working with test developers in this space," the agency said in a release.The problem with the fake kits, other than being fraudulent, is they could delay consumers from seeking medical care. Anyone who believes they have symptoms resembling the novel coronavirus (which are fever, coughing, and shortness of breath) is asked to contact their medical provider, who will help determine if they need to be tested."We have already identified and issued warning letters to companies found selling and promoting fraudulent items, and we expect additional such actions will be forthcoming," the FDA said.Anyone who believes they have found a vendor selling fake testing kits can report them to the FDA. 1570

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