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VISTA (CNS) - Ex-NFL tight end Kellen Winslow II, who is awaiting trial on charges of raping two women in Encinitas and raping an unconscious teenage girl, is being held without bail on newly filed misdemeanor charges related to alleged lewd conduct with a 77-year-old woman at a Carlsbad gym.Winslow, who had been out of custody on million bail in connection with his felony case, is accused of touching himself and asking the woman if she liked it on Feb. 13, then groping her while she was in a hot tub at the same gym on Feb. 22, according to police and prosecutors.The 35-year-old son of former San Diego Chargers legend Kellen Winslow, who's being held at the Vista Detention Facility, pleaded not guilty Monday to a pair of lewd conduct counts and one count each of elder abuse and battery of an elder.He faces life in prison if convicted in the felony case, which involves allegations that he raped a 17-year-old girl in 2003 at a home in Scripps Ranch; lured a 54-year-old transient -- who was hitchhiking -- into his Hummer for a ride, then raped her on March 17, 2018; and that he raped a 59- year-old homeless woman on May 13, 2018, then threatened to kill her if she told anyone.He appeared in a Vista courtroom today on a defense motion to dismiss the felony complaint, in which he's charged with kidnapping, forcible rape and rape of an unconscious person. A judge denied the request with the exception of one kidnapping count, finding insufficient evidence that the victim was transported under force or fear prior to the alleged rape.Deputy District Attorney Dan Owens said that he will seek to have the misdemeanor counts consolidated into the main case during Winslow's next court hearing on March 29.Winslow II grew up in San Diego and attended the University of Miami. He played for four NFL teams between 2004 and 2013. 1852

VISTA, CA (KGTV) — The man accused of intentionally driving a U-Haul van into a crowd of people outside of an Encinitas bar, pleaded not guilty to serious charges in a Vista courtroom Wednesday.Christian Davis, 28, stood next to an attorney with his head down as he was formally charged with two counts of attempted premeditated murder, three counts of assault with a deadly weapon, and one count of felony driving under the influence of alcohol.Deputy District Attorney, Kim Coulter, said the incident early Sunday morning started at the Saloon and Shelter bar when Davis was kicked out.RELATED: Video shows driver slamming into crowd outside Encinitas bar"He was asked to leave because he was highly intoxicated and it was time for him to go," said Coulter.Once he was kicked out, Coulter said he got into a verbal argument with two bouncers, then threatened them."It escalated and culminated with Davis telling the security guards 'you're going to regret doing this, I’m going to come back and I’m going to kill you,'" she said.Moments later, witnesses saw the U-Haul heading for a crowd of people standing outside of the bars.RELATED: Man arrested after driving into crowd outside Encinitas barThe incident was captured on a passerby's dash cam video."He reversed out of a 7-Eleven and he came barreling down a sidewalk in front of Shelter bar, right into a crowd of people," said Coulter. "It’s our position that he used the U-Haul passenger van as a deadly weapon."Good Samaritans rushed to hold Davis in place until deputies arrived and arrested him. Sadly, two men who were outside of the bar at the wrong time were seriously hurt."A 25-year-old victim has had a severe injury to his leg, he’s had his third surgery today," said Coulter.The other victim, a 24-year-old, was also left hospitalized with severe injuries."He has two collapsed lungs, fractured ribs, a broken arm and he did spend time in the ICU," she said.Bail was set at million. If Davis is released on bail, he will wear an alcohol monitoring bracelet.He is due in court for a preliminary hearing on March 17. 2095

VISTA, Calif. (KGTV) — The jury deciding former NFL star Kellen Winslow Jr.'s fate in a rape trial, sent a note to the judge asking two questions.The questions lending a window into what's happening as the jury continues deliberating.10News spoke with Defense Attorney Gretchen Von Helms, to gain insight.On the surface, the questions seem obvious: "The jurors could benefit from an explanation as to what being under oath means. Additionally, how we should follow the law and not what we think the law should mean."RELATED: Kellen Winslow Jr. rape trial: More accusers set to testify"Every fourth-grader knows what under oath is and so also, should we follow the rules? Yes, you're supposed to follow the law," Von Helms said.She said the note made her think the jury was not agreeing, "the jury's trying to be nice here and say there's one person who just doesn't want to follow the rules, that's what it sounds like."The first question, she said, could indicate questions the jurors have, "sometimes police officers have to take an oath to be a police officer and maybe they feel that the police officer didn't do their job and follow up correctly or maybe they feel that their definition of that oath is different from the jurors oath."In regards to the second question, she said "the gut versus law issue, they must follow the law, even if they don't like the defendant, even though some people may not want to convict him because he's a football legacy, you can't do that. You have to look at the evidence and make a determination, is there enough?"RELATED: Accusers set to testify in Kellen Winslow Jr. rape trialVon Helms said the most important take-away from the note and the time spent during deliberations is that it appears the jury is taking the case very seriously.She said the prosecution's job is to lay out the evidence so clearly that the jurors have no doubt on the verdict.She added, the more time they take to come to a decision, the more reasonable doubt there may be.Winslow faces three counts of felony rape, misdemeanors of sexual misconduct among other charges. 2096

VISTA, Calif. (KGTV) There is growing outrage that a man accused of trying to rip a toddler out of his parent's car is out of jail on bail.Peter Kopcak and his fiance Jennifer Lawson were backing out of the Costco parking lot on Hacienda Drive in Vista Saturday afternoon."I just seen out of the corner of my eye this guy running down between the two cars, and I didn't know what he was doing," said Kopcak.The couple said the guy tried to rip their toddler out of his car seat."He opened the car seat back door, reached in and grabbed my kid, she jumped out of the car, left it in reverse, I put it in park. I jumped out, he was trying to grab the car seat and, she pushed him and I just had to take him down," said Kopcak.Kopcak tackled the man to the ground."I took him to the ground and did what I had to do to subdue, a bunch of people, an off duty officer pulled me off the guy and held him down told him to put his hands behind his back," said Kopcak.Sheriff's deputies arrested 37-year-old Adam Glavinic. He's facing charges of felony attempted kidnapping and being under the influence of a controlled substance."I thought he was going to take my kid and I wasn't about to let that happen, I'd do anything I could to stop him cause that's the worst nightmare, just having someone A, touch your kid, B, try to take your kid," said Kopcak.The couple was also upset to learn Glavinic was released from jail on a 0,000 bail Sunday."I couldn't stop crying when I found out, cause he will do this to someone else and who knows if it's a single mom or the husband isn't quick enough, and the guy takes off," said Lawson."I don't understand how he got out so fast. What if he tries to grab another kid or hurt someone else? It boggles my mind," said Kopcak.There's a backlog of out of custody cases due to the pandemic. Glavinic isn't scheduled for arraignment until February. The district attorney's office can't comment specifically on this case, but Chief Deputy District Attorney Rachel Solov says give the system a chance. "Let the investigation be done, let law enforcement get all the information and submit it to the district attorney's office to be evaluated," said Solov.A spokeswoman with the DA's office says they're getting a lot of calls and emails from parents concerned about this case. The case is also generating outrage on social media with a lot of people commenting that bail should be much higher."There are legal mechanisms if the facts and circumstances of a case warrant it to be able to do that, to be able to request a judge to sign an arrest warrant that would increase bail," said Solov.Solov said changes to the bail schedule due to the pandemic would not have affected this case."Those modifications did not at all affect any of those serious or violent offenses such as kidnapping," said Solov.The D.A's office says a prosecutor has been assigned to the case. The San Diego Sheriff's Department sent 10News the following statement Tuesday evening."The San Diego County Sheriff's Department and Vista Sheriff's Station want to reassure our community regarding a case of an attempted kidnapping. It happened on Saturday, September 19th outside a store parking lot on Hacienda Drive.We understand this incident is upsetting for our community members and concerning for parents, guardians and caregivers.This appears to be an isolated incident. Detectives are continuing their investigation and deputies are committed to keeping your families safe.We also hear your concerns regarding the suspect bailing out of jail within 24 hours of his arrest. Everyone has a legal right to bail as guaranteed by our Constitution. Bail is set by the San Diego Superior Court." 3702

WASHINGTON — U.S. government agencies were ordered Monday to scour their networks for malware and disconnect potentially compromised servers after authorities learned that the Treasury and Commerce departments were hacked in a monthslong global cyberespionage campaign discovered when the prominent cybersecurity firm FireEye learned it had been breached. Monday afternoon the Department of Homeland Security itself was added to the list of agencies that have been compromised, according to the Washington Post. The list of victims is expected to grow and could include both more government agencies and private companies. FireEye would not say who it suspected. But many experts believe the operation is Russian given the careful tradecraft. FireEye says foreign governments and major corporations were also compromised. Federal agencies have long been attractive targets for foreign cyberspies. The Department of Homeland Security's cybersecurity arm warned government agencies of an "unacceptable risk" the executive branch. "SolarWinds Orion products (affected versions are 2019.4 through 2020.2.1 HF1) are currently being exploited by malicious actors. This tactic permits an attacker to gain access to network traffic management systems," the emergency directive issued Sunday night reads. SolarWinds is a hugely popular piece of server software. It's used by hundreds of thousands of organizations globally, including most Fortune 500 companies and multiple U.S. federal agencies, which will now be scrambling to patch up their networksSolarWinds also warned its customers Monday to quickly update their software, and said it was advised that the attack was “likely conducted by an outside nation state and intended to be a narrow, extremely targeted, and manually executed attack, as opposed to a broad, system-wide attack.”A Kremlin spokesman said Monday that Russia had “nothing to do with” the hacking. 1921

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