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SAN DIEGO (KGTV) -- A San Diego couple is challenging a luxury carmaker after their BMW SUV suddenly caught on fire. The Pearsons said they bought a BMWx5 in August 2018 because they thought it would be safe and reliable. In December, they replaced the battery at BMW of Escondido. The next month, Lisa Pearson was driving on Interstate 15 when she noticed a warning light showing an airbag and parking brake error. She pulled over and noticed smoke coming from the back of the car.“It happened so fast,” Lisa said. A fire had started from the rear of her vehicle. A passing tow truck driver stopped to help put out the smoke and flames. Firefighters told her it could have been a different story if her children were inside in their car seats. “It was really nerve wracking,” Lisa said. “I was really thankful since I saw that the fire was happening in the back of the car that the kids weren’t there.”They said their SUV was a total loss. It was after the fire that the Pearsons ran into even more problems. When BMW of North America inspected the vehicle, they blamed it on “an improperly secured connection of the battery cable." In the letter to the Pearsons dated February 29, 2019, Executive Customer Care Representative Michael Pigoncelli wrote, “BMW NA cannot accept responsibility for any damage, injury, or loss associated with the fire…” BMW of Escondido disagreed with corporate’s allegations, writing to the Pearsons that “the repair was done as per the BMW guidelines.” “It just seems that they’re pointing fingers at each other. Nobody cares about us or the consumer,” said Ryan Pearson. “It was still under factory warranty,” Lisa added, saying they hadn't even had it for five months. “What’s it going to take? Does someone need to die?” The Pearsons are not the only local couple to have their BMW catch fire. In October 2017, Laura Ohme said her parked BMW started a fire at the Torrey Hills homes where she lived with her family.She was in the shower when she heard a strange noise. “I just hear this really really weird popping kind of noises,ll ” Ohme said. With her two kids asleep in their rooms, she threw on a towel to find out what was going on. She went downstairs and saw smoke. “The door itself [was] literally black and glowing.”Ohme grabbed her two children and ran outside the house. “The fire, it was raging at that point,” she said.Fire investigators determined her recently purchased 2014 BMWx5 started the fire. It was a certified pre-owned vehicle she bought just a few months before. Ohme said the vehicle was sitting in the garage and turned off at the time of the fire. "I didn’t even put 5,000 miles on the car,” Ohme said. She said BMW has had a “non-response” to the situation. “BMW is not taking responsibility,” she added.While the Ohmes and Pearsons’ fires started under different circumstances, they shared things in common. Both BMWx5s were recently purchased just a few months before the fires. They both had warranties and neither vehicle was under a recall.ABC News started investigating mysterious BMW fires in 2017. Like the Ohmes, dozens involved vehicles that were parked and turned off. Since then, about 1.6 million BMWs have been recalled for fire risk. A BMW spokesperson told Team 10: "BMW notifies owners of vehicles affected by a recall via registered mail to advise them that their vehicle is part of an upcoming recall campaign and what the next steps are. BMW recently expanded its recall notification system for vehicles built after 3/2016 to allow owners to also be notified through the BMW Connected App on their smartphone. A vehicle recall may require that a part be replaced or software be updated." A spokesperson for BMW of North America told Team 10 they could not comment on the Ohme’s situation “due to litigation.” The Ohmes' attorney told me they are preparing a class-action lawsuit for the damages caused by the BMW fires.“I was able to get myself and my children out safely, but at some point someone is going to die,” she said.Regarding the Pearsons, BMW of North America wrote on March 22nd that they still believe the Pearsons’ vehicle caught fire because of “an improperly tightened battery terminal after a recent battery service.” The spokesperson added: “BMW is currently working with the dealer and the owner to resolve the matter.”In an email on March 22nd, a few days after Team 10 first contacted BMW of Escondido, the service manager wrote he “sent the Pearsons claim and contact info for [their] insurance company” and instructed their insurance to settle her claim as quickly as possible. They still disagree with BMW of North America’s findings. “We can’t let this go on and hurt other people,” said Ryan.“You are saying you are a very high quality company that sells very luxury cars, and yet your cars are catching fire. Those two do not go hand in hand,” Lisa said. If you want to check your vehicle for any open recalls, you can click on this link: https://www.nhtsa.gov/recalls 4989
SAN DIEGO (KGTV) - A man fired as many as five shots at a parked car in San Ysidro Wednesday morning, San Diego Police said.The shooting happened at 7 a.m. at an apartment complex near West San Ysidro Boulevard and Dairy Mart Road, according to officers.No one was hurt by the gunfire.Police said the man surrendered peacefully when they arrived at the scene. The motive for the shooting was not immediately known. 422

SAN DIEGO (KGTV) -- A San Diego man convicted of murder will be a free man, decades before his scheduled release.Donnell Fulcher’s conviction for a Barrio Logan murder in 2006 was overturned due to changes in DNA standards, said Deputy District Attorney Hector Jimenez.On Tuesday, Fulcher pleaded guilty to voluntary manslaughter and assault with a firearm rather than go through a third trial. The judge sentenced Fulcher to 14 years, but he received credit for time he already served.Because of that, Fulcher will be released from custody tonight or tomorrow. This result comes after the San Diego County District Attorney’s Conviction Review Unit took a second look at cases involving DNA mixtures, meaning more than one DNA source is found in a sample. Fulcher’s case relied heavily on this type of evidence.The top forensic science group that analyzes DNA released guidelines that are now more conservative, which affected Fulcher’s case. Earlier this year, the District Attorney’s office agreed to give Fulcher a new trial.“We still believe that we have the right guy, but we lost confidence in the conviction so we wanted to give the defendant a chance to have a new trial if he wanted. He chose to plead guilty instead, so at the end of the day, I believe justice was done,” Jimenez said. Fulcher has always maintained his innocence.“I don’t think you can put any limit on the happiness that going free can have for someone who’s serving a life sentence. He is very, very happy. His family is very happy. This is really a joyous moment for all of them,” said Fulcher’s defense attorney Knut Johnson.This would have been Fulcher’s third trial. His first trial ended in a mistrial. 1695
SAN DIEGO (KGTV) - A man involved in a DUI hit-and-run crash that seriously injured a young boy in the South Bay started his sentencing hearing Wednesday for violating federal immigration laws.Constantino Banda Acosta, a Mexican national who had previously been deported from the U.S. at least 15 times in the past, has been in federal custody since March over federal criminal re-entry charges.He was transferred to federal custody after charges against him stemming from a 2017 crash were dismissed.Banda faced charges in the May 6, 2017, crash in San Ysidro that sent young Lennox Lake to the hospital with serious injuries, including head trauma.Banda was initially charged with drunk driving and hit-and-run after authorities said he ran a stop sign at Dairy Mart Road and slammed his pickup truck into the Lake family’s car as they were heading home from a Disneyland trip.Banda left the scene but was arrested about two miles away after Border Patrol agents spotted his damaged truck parked on a street, police said.San Diego police Officer Michael Muniz testified in the first trial that Banda's blood-alcohol content measured .151 and .152.Following a mistrial, a judge dismissed the case against Banda in March, saying there was no clear evidence that showed he was behind the wheel at the time of the crash.Banda’s lawyers had argued that another man in the truck, Jorge Adame Ariza, may have been driving the truck after a night of drinking with Banda.Adame said Banda got into a fight with another man outside a Chula Vista restaurant before the crash. During testimony in a preliminary hearing, Adame said he picked up Banda but later moved into the passenger seat with Banda behind the wheel during the crash.RELATED COVERAGE: 1759
SAN DIEGO (KGTV) — A measure that would increase property tax bills to pay for thousands of affordable housing units has moved closer to the November ballot.On Tuesday, the San Diego City Council voted 6-3 to support what's called a resolution of necessity about the measure. It directed city staff to prepare language for the council to approve for the November ballot.The San Diego Housing Federation, which brought the measure forward, says it would pave the way for an estimated 7,500 affordable housing units. Of those, 5,000 would be for the homeless and those at risk of becoming homeless, while another 2,500 would be for low-wage working families. RELATED: Father Joe's Villages breaks ground on affordable housing project in South Bay"This is a solution to homelessness on the scale of the problem that's in front of us," said Stephen Russell, who heads the federation. "Our hearts say we need to do this and frankly it is cheaper to put people in housing than it is to flood them with emergency services."The proposal would raise property taxes on average 19 cents per ,000 of assessed value, taking a gradual approach over about seven years. Once it is fully in place, an owner of a median priced home of 0,000 would pay an average of about 0 per year. The measure would require a two-thirds majority vote. RELATED: Renting is cheaper than buying a home, study showsThe council heard more than 90 minutes of supportive testimony, but outside the reception was more lukewarm. James Douglas, a downtown resident, said something needs to be done to help the homeless, but he lamented his own high rent. "I was paying 0 for a two-bedroom and living room, kitchen, front yard backyard out towards the San Bernardino area," He said. "Here I got a studio for ,000. It's not even worth it."The six Democrats on the council supported the measure. The two Republicans and independent voted no. 1917
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