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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 explosions that shook a La Jolla neighborhood late last week revealed the surface of a much deeper, bitter fight. The detonations happened behind the home of the late Alex Jvirblis, who died in August at the age of 82. Neighbors describe him as a quiet but pleasant individual, and recalled few interactions. RELATED: Explosions ring out during hazmat scare at La Jolla homeOn Thursday and Friday of last week, the bomb squad exploded illegally stored chemicals from behind Jvirblis' house on Wrelton Road in Bird Rock. Jvirblis had no spouse or children. What he did have, however, was a business called Curtis Technology. It's tucked away in an industrial part of Sorrento Valley. Curtis Technology offers metal forming, cutting and finishing operations, which requires the use of chemicals. A woman named Daksha Dave is listed as its business contact online, and as treasurer with the Environmental Protection Agency. RELATED: Mid-Coast Trolley project: Parts of I-5 in La Jolla to be closed due to concrete pourDave is also the executor of the Jvirblis Estate. His will gives the state to the full authority to sell, lease, or hold all of his assets. That's where the fight starts. In October, Robert Hockenbrought and Amber Shuey, Jvirblis’ nephew and niece, filed a legal challenge to the Jvirblis Trust. "Except as provided in this will, I have intentionally omitted to provide for my heirs."RELATED: La Jolla party house scene of violent attack, mother saysIn court documents, they accuse Dave of cooking Curtis Technology’s books to increase bonuses, destroying or hiding Jvirblis’ true estate documents, and going into Jvirblis’ filing cabinet when he was hospitalized and stealing gold. A woman who identified herself as Dave declined comment Tuesday at the Curtis Technology headquarters. Her attorneys did not immediately respond to a request for comment. Hockenbrought is also the one who alerted authorities to the illegally stored chemicals, according to federal search warrants. RELATED: La Jolla complex would offer lower-priced, furnished units near coastThe warrant says an employee at Curtis Technology told investigators Jvirblis instructed him to take the chemicals to his properties. Then, upon Jvirblis’s death, that employee informed Dave and the alternate executor — also at Curtis Technology — of the chemicals stored at the homes. The warrant says the employee was then told not to worry about it and that he was no longer allowed to go those locations. Hockenbrought said the family would have no comment, citing an ongoing FBI investigation into the chemicals. 2623

SAN DIEGO (KGTV) -- The magic of the holiday classic "The Nutcracker" couldn't be stopped, even by a pandemic, as the San Diego Civic Youth Ballet has figured out a way for the show to go on.We're used to seeing this ballet with its lavish sets on an indoor stage with dancers close together, but this season things will look different because the virtual show will be outside with dancers wearing masks and distancing.Lucia del Rio stars as Clara and says, "I'm just really excited to be doing it at all. It's like in the beginning it was kind of hard to see how it was going to work especially since we were on Zoom. The most exciting part for me is being around everyone even if we have our masks on."The 9th grader from Academy of Our Lady of Peace says while they have had two in-person rehearsals following safety precautions, most rehearsals have been from home alone via Zoom."It's just very tough.. My floor is not good, my floor is very slippery." San Diego Civic Youth Ballet Artistic Director Danika Pramik-Holdaway has been on the other end of those Zoom rehearsals and says they've all had to overcome a few obstacles."Knowing who they stand next to, who they go behind, how they go in their direct order, when you're on Zoom at home by yourself that's very very challenging," says Pramik-Holdaway.But the students were up to the task and with hard work, Lucia and the other dancers have been able to turn lonely Zoom rehearsals into something special. The small group performance outside the Casa del Prado Theater will be recorded so people can watch online. It will be a simplified, shorter version of The Nutcracker, but the beloved scenes will still be there. Lucia says, "It's really really special. It's kind of a gift to be able to dance with people in the holiday season, so I'm really excited about that."Not to mention a virtual trip to see the Sugar Plum Fairy could yield a sweet reward --- more viewers than usual. Pramik-Holdaway says, "I'm sure we'll have definitely a lot of grandparents, who don't live here in San Diego, get to see their grandkids dance."They both agree that holding onto cherished traditions like this one, even if they have to be adapted, is something we need right now."Since we're in Balboa Park we have people walking through the park and everyone stops by and says, 'Oh, the Nutcracker!' They hear the music and I think it makes everyone feel like things are going to be okay again," says Pramik-Holdaway.SDCYB is celebrating its 75th anniversary this year and ticket sales help keep this nonprofit going. Access to this performance is only and tickets are on sale now. "The Nutcracker" debuts online on December 19 and goes through January 1. You can get tickets here at https://www.sdcyb.org/. 2762

SAN DIEGO (KGTV) — The City of San Diego could go to court to invalidate a landmark pension reform measure that voters overwhelmingly supported in 2012.The City Council is expected to meet in closed session the week June 10 to decide whether to ask a judge to throw out Measure B. The measure switched most new hires from pensions to 401(k) style retirement plans. More than 65 percent of San Diego voters supported Measure B in 2012. The problem, however, is that the measure got to the ballot via a citizens initiative, but then-Mayor Jerry Sanders campaigned on its behalf. Labor unions challenged the initiative in court, contending the mayor's involvement meant the city needed to meet and confer with them. The state Supreme Court agreed, and an appellate court ordered the city to make its employees whole, plus pay them 7 percent interest. The courts, however, did not invalidate Measure B, instead directing the city to work out a compromise with the unions. On Thursday, City Councilman Scott Sherman and former Councilman Carl DeMaio held a news conference pushing the city to protect Measure B."Right now we are being asked to go against what our bosses told us, and I don't think we should do that," Sherman said, adding that the city spends 0 million a year now meeting its minimum pension obligations. DeMaio said he would work with a coalition to go to court to protect Measure B. "I'm talking about putting the City of San Diego back on the brink of bankruptcy, let alone telling voters that they don't have a say on where their tax dollars go," he said. Early estimates indicate the amount needed to make employees whole ranges from negligible to million.Michael Zucchet, who heads the Municipal Employees Association, said the only rational way to move forward is to invalidate Measure B."It is time for the City and its citizens to move forward by ending the Prop B debacle with the least amount of additional litigation and expense, and at the same time help address the City’s severe recruitment and retention challenges brought about because San Diego is the only City in California with no defined benefit pension nor Social Security benefits for newly hired employees," Zucchet said in a statement.Mayor Kevin Faulconer said in a statement he would oppose any effort to get rid of Measure B. "Voters demanded pension reform and we should respect that, plain and simple," Faulconer said. The mayor cannot vote, however, in the decision facing the City Council. 2500

SAN DIEGO (KGTV) - The coronavirus pandemic, combined with a recently enacted state law, has created a new problem along San Diego's streets and boardwalks.Business owners say they're being overrun by vendors who set up makeshift stores and crowd sidewalks and walkways, while also luring customers out of long-established businesses."It's pretty much a free-for-all," says David McDaniel, the owner of Paradise Cove near Crystal Pier. "Anybody can sell anything, anywhere."He's partially correct. A new state law, Senate Bill 946, went into effect in 2018. Passed by the legislature and signed by Gov. Jerry Brown, it decriminalizes street vending, telling cities that they can create their own guidelines and can only enforce them with tickets for vendors who violate the rules, instead of criminal charges.Several cities in San Diego County, including Carlsbad and Vista, were quick to establish their regulations. San Diego still hasn't.As more vendors set up shop, the Pacific Beach Town Council is asking city leaders to move the process along."We're calling on city leaders to end the swap meet on our boardwalks now," says Brian White, the President of the Pacific Beach Town Council. "We have lots of pedestrian traffic, bicycles, skateboards. There really is no room for this type of vending activity."Earlier this month, the Town Council sent a letter to Mayor Kevin Faulconer and the City Council asking for specific rules.The San Diego City Council started to establish new rules for vendors in 2019. Faulconer sent a draft ordinance to the Economic Development Committee.It would have prohibited vendors on the boardwalk and other high traffic areas. It also would require business permits, set hours for vending, establish distances from public facilities, require vendors to follow health and safety rules, and several other rules.That ordinance passed the committee unanimously on July 25, 2019.The city then held three public forums about it in October. But it never went to the full council for approval."It is an issue that's becoming a real problem. We definitely need to get some regulations going with this," says City Councilmember Jennifer Campbell, who represents Pacific Beach and Mission Beach."It's really up to the mayor's office to bring us these recommendations to City Council," says Campbell.ABC 10News reached out to Faulconer to see why there has been a delay in moving the draft ordinance forward. In a statement, Ashley Bailey, the mayor's Deputy Director of Communications, says, 2526

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