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SAN DIEGO (KGTV) -- A judge ruled Wednesday that a Navy commander will face a third trial on charges he tried to rape a junior officer in her home.John Michael Neuhart II asked the judge to dismiss all charges after a second jury was unable to reach a verdict.The judge dismissed charges of assault with intent to commit rape during burglary, burglary and resisting or delaying a peace officer.RELATED: Mistrial declared for former Navy commander accused of rapeThe judge added that prosecutors can proceed with a third trial in January on charges of attempted forcible rape and assault with intent to commit rape.Neuhart now faces six years behind bars and lifetime sex offender registration if found guilty. Neuhart had previously been facing life in prison.In the two trials combined, 21 out of 24 jurors voted to convict Neuhart. The alleged victim said Neuhart sexually assaulted her after they spent time drinking and hanging out with colleagues in 2016.RELATED: Mistrial declared in trial of former Navy commanderThe woman said Neuhart took off her pants and underwear and was physically violent with her. In cell phone video recorded by the woman, she can be heard telling Neuhart to stop as he tried to get the door open. 1238

SAN DIEGO (KGTV) - A San Diego ER Nurse known as the "dancing nurse" returned home Saturday after working nearly a month straight in a Texas hospital.That was her second stint during the pandemic. She went to New York for six weeks from April to May to help out there.While in New York she danced to bring joy to her patients and that's how she got her nickname, the "dancing nurse.""They kinda just see me dance and they’re like wait a minute I know you!" Registered Nurse Ana Wilkinson said she is recognized sometimes at home in San Diego.When asked what it is like being known as the "dancing nurse," she replied, "They [my patients] probably think I’m weird right off the bat but it’s a good conversation from there on and I think it actually eases them because they’re so nervous and so scared."With nearly 300,000 Americans losing their lives due to the coronavirus, it's understandable why they're scared.Right now, cases and hospitalizations are sky high.When asked if Wilkinson keeps count of how many patients she's lost, she said, "I do not, I mean it wouldn’t. I prefer keeping count of people I save, I mean people we all save it’s not just me."Wilkinson said she remembers days they've lost as many as 10 people in one day on the floor. Some of her patients stay with her after they've passed. "My 23-year-olds, my 25, I say mine because I felt like they were my kids that I tried everything I could to save them. And to a lady who was 32-years-old who died from COVID. That’s what I try to tell people, COVID does not discriminate, age, race, color, anything. It just picks you."She squeezed their hands in reassurance. Sometimes she's the last smile they see.Now that a vaccine is coming, she's excited to have a weapon in the war."We just need everyone on board to do this, you can’t just one person, just maybe? It’s going to be yes. This is how we’re going to do it. We’re all going to get vaccinated. We all are going to stop this war," she said.A war that kept her from seeing her 7-year-old son Declan lose his first and second tooth.A war that kept her on the opposite coast for birthdays, Easter and Mother's Day.A war she's continuing to fight when she returns to work at UCSD Medical Center on Monday."We are definitely warriors and we'd do it again, and we'd do it again and we'd do it again because we love it. We love helping others. We love helping people and that's why we do this because we want to make a difference in the world," Wilkinson said.She said working in a rural Texas hospital was very different from her time in New York. In the month she was working 10+ hour shifts, she only had three days off.She said we've learned a lot about how to treat coronavirus patients since the beginning of the pandemic."I was in Midland and Odessa. We were a very small town but we saw everything," she said she learned even more critical thinking skills.The most stressful part of her work was how packed the hospital became, saying patients were sent from nearby hospitals that were at capacity.When asked if she regrets going to New York and Texas and if she would do it again, Wilkinson said, "I would do it in a heartbeat 100% I love these medical missions I call them, because yes we see a lot of things. Yes it’s emotional and some of us have PTSD because we do see a lot. But we do it because we love it. We love helping others, we love making a difference as much as we can." 3421

SAN DIEGO (KGTV) - A local businessman is now accused in a child porn case, several years after he managed to get off the sex offender registry.Along Tokalon Street in Bay Park, there is a sense of disbelief. A neighbor of some 7 years - Joseph Welsh - arrested in Fontana over the weekend.Police say parents confronted him and took his phone after he took photos of girls in bathing suits at a birthday party.Search warrants executed at his home and his business - a Segway rental outlet on Mission Boulevard - netted several electronic devices containing child porn, according to investigators.The neighbors' sense of shock was magnified because of what they didn't know about his past: a conviction in the 1990s in San Bernardino county for possessing child porn, and annoyance of a child.Police say in 2014, the courts deemed him not a danger to the public and removed him from the registry.It's a maneuver many can't understand.An acquaintance of Welsh, 47, told 10News those who worked near him became "creeped out" because he was always photographing surf schools and flying drones on the beach.In one instance, concerns led to an acquaintance to warn a teenager who knew Welsh to stay away from him.To search the California Megan's Law website for registry results, click here. 1308

SAN DIEGO (KGTV) -- A man whose car erupted into flames after crashing on the southbound I-805 Thursday morning is recovering after two passersby helped pull him to safety. Dashcam video from a nearby driver shows the moment the small white car suddenly veers to the right, slamming into a pick-up truck at Telegraph Canyon Road. Almost instantly smoke begins to rise from the hood, and then flames."When I saw the smoke we just ran over and saw we had to get him out. We unbuckled him out of the car, carried him out," said Tyrone Crawford. Crawford, a retired Customs and Border Protection officer and the friend he was with, a U.S. Marine, said they didn't hesitate to put their training into action. The two men were able to get the victim safely to the side of the highway, where first responders jumped in to start treating him. The man was alert and talking as he was wheeled into an ambulance.The California Highway Patrol is still investigating the crash, but all lanes of the SB I-805 were reopened by early afternoon. 1037

SAN DIEGO (KGTV) — A San Diego man is back in the U.S. after being held in a Mexican jail since Sunday. Rob Thomas, a Marine veteran and avid surfer, had been kept in custody after Mexican authorities determined he was at fault for a traffic collision that sent four people to the hospital, according to friends and local news outlet Rosarito en la Noticia.Under Mexican law, drivers found at fault in a collision can be detained until they prove they can cover the estimated costs of the crash. Thomas did not have valid car insurance in Mexico, so authorities demanded a cash bond, said longtime friend Mikey “Beats” Beltran. The amount of the bond was negotiated by an attorney representing Thomas, but it could be ,000 to ,000, friends said. “This is without a doubt a traveler’s worst nightmare, ending up in a foreign jail surrounded by people that don’t speak your language,” he said. “They don’t feed the people in detention, and so friends of ours that are down there, they’ve had to feed him daily.”Thomas was in Rosarito on a surf trip. After eating tacos with his girlfriend, Thomas made a left turn in his pickup truck and collided with a passenger van Sunday around 5:10 p.m. on Highway Rosarito-Ensenada near the Las Rocas hotel.Two adults and two children in the passenger van were taken to the hospital, Rosarito en la Noticia reported.Thomas' mother, Pauline Thomas, said the U.S. Consulate provided a list of attorneys, but otherwise not much help."I’ve cried so much, my eyes are almost swollen shut," she said by phone from Kansas. "I need him to be safe. He’s my baby."Friends scrambled to come up with the money to get Thomas out of custody and launched a GoFundMe campaign.“The passenger van, they’re saying that thing is worth ,000. The injuries to people, someone has to have surgery because they have a broken hip,” Beltran said. “So we’re talking tens of thousands of dollars.”Standard U.S. auto insurance does not cover travelers in Mexico. Drivers must secure a separate insurance policy through an authorized Mexican insurance company, which typically costs about a day. “You are gambling if you go down there without insurance, and this is the worst-case-scenario that can happen,” Beltran said. 2248

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