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SAN DIEGO (KGTV) -- For decades internal documents about officers' use of force were limited to just law enforcement.A new California law changed that, and now some of the most private materials are being released to the public.Documents released by the San Diego Police Department show how incidents are investigated and what type of evidence is collected before use of force cases are submitted to the San Diego County District Attorney's Office.10News asked the department to analyze a case to help the public understand how a report is created. An internal affairs captain also explains how the public getting access to internal documents is helping bridge the gap between the department and the people it serves.2016 Officer-Involved ShootingIn November 2016, Juan Carlos Fernandez shot four people, killing two in the 3800 block of Marlborough Avenue. Police shot and killed Fernandez after officers repeatedly ordered him to lay on the ground, but he refused and continued pointing the handgun at a female, according to police. A 2016 San Diego Police Department press release stated, "An officer, fearing for his life and the safety of the female, fired one round from his service weapon. The round struck the suspect, knocking him to the ground. The suspect was pronounced deceased at the scene by paramedics."The San Diego County District Attorney's Office cleared the officer in the shooting.Under a new California law, Senate Bill 1421, the investigative file and supporting audio and video documents were released to 10News through a public records act request.10News asked the department to talk about what goes into an investigative case file and how the department investigates its own after an officer-Involved shooting.Case Deconstruction"The initial examination is going to be from a criminal standpoint, and the homicide unit is going to roll out there, and they are going to start their investigation," said Internal Affairs Captain Wes Morris.Part of the homicide investigation includes an initial walkthrough at the scene.Using the documents released to Team 10, an initial audio walkthrough of the 2016 shooting identified 15 law enforcement officials, including the officer involved in the shooting, a representative from the San Diego County District Attorney's office, and a member of the Internal Affairs Department."You can get very accurate information right away, and you can start to get a feel for what actually occurred," Morris told 10News.Morris said the homicide team would speak with anyone who was at the location of the shooting, anyone who could have been at the location, and/or anyone who was close to the location and knew anyone involved.All the evidence collected goes into what's called an Officer-Involved Shooting Report.Using the 2016 case as an example, the department report totaled 612 pages. While some of the information was redacted, the report contained sub-reports including: forensic biology report, chain of custody report, firearms lab report, crime scene lab report, vehicle report, witness statement, officer interview, death in custody report, property report, DNA sample report and a report with 586 pages of photos. The San Diego Police Department also released more than 100 audio and video recordings of 911 calls, radio traffic, witness interviews, officer interviews, and body-worn camera."It's not a rubber stamp," Morris said. "There's a lot of work that goes into it. People that really do want to find the truth of what happened in these types of incidents."The report is turned over to the San Diego County District Attorney's Office.According to the DA's website, "The police agency with jurisdiction over the location of the shooting or death conducts the primary investigation of the incident. After the police agency completes their investigation, the District Attorney's Office reviews it, which it does for all officer-involved shootings and in-custody deaths in San Diego County. If the District Attorney wants additional information to supplement the investigation, a request can be made to the jurisdictional agency to obtain the information, or the District Attorney's Office can conduct the additional investigation. The District Attorney's Office does not do a separate, new investigation of the incident." The District Attorney's Office states that when a review is completed, "If the District Attorney's Office determines there is criminal liability, charges will be filed against the officer or deputy. If there is no criminal liability, a letter is written summarizing the facts, evidence, and available statements of those involved. The letter is delivered to the Chief of Police or Sheriff of the jurisdictional agency indicating the actions of the officer or deputy was legally justified. The letter is also posted on the DA's website where any member of the public can read it."If there are no criminal charges pending, internal affairs will take the criminal investigation and do their investigation. Internal Affairs "With an officer-involved shooting, the most important thing we're looking at was if that use of force was within our policy," Morris said.He explained when the case gets to internal affairs, it is assigned to a detective sergeant. The detective sergeant will review the entire case, looking at whether the lethal use of force was within the department's policy and if the officer followed the proper procedures."There are times where we will bring that officer back in again and interview them," Morris said. "We narrowly focus it to what we're looking at, but we may interview them on something that we've seen or some sort of policy and procedure concern, or it could be something outside of that particular use of force."Morris said once the detective sergeant's investigation is complete, it will be put through a review process in-house. The completed investigation will be submitted to the Community Review Board on Police Practices (CRB)."Their main task is to make sure that we haven't left any stone unturned and that we've looked at every aspect of the investigation and that our investigation is thorough, complete, and impartial," Morris said. 6178

SAN DIEGO (KGTV) - Hundreds gathered in Balboa Park to pray for the 50 people killed in the New Zealand terrorist attack and spread the message that hate has no home here.About a dozen speakers shared stories of the victims or hate directed at minorities."It will take all of us to put hate back in it's corner," Sara Hassane, 17, said. "Just pure evil and again it has no place in this world and it's just sad," San Diego Police Chief David Nisleit said. He and more than a dozen of his officers surrounded the event, along with snipers on the roof of nearby buildings, ensuring the crowd felt safe."We have officers out here making sure we don't have a copycat or anyone tries to do anything," he said.Though fear, still permeated the crowd. "Is this going to happen again? Is this the beginning or the end or...?" Hassane said. Her father runs a San Diego mosque and she said everytime she comes in to worship, she told 10News she fears she won't leave and see her family again.While they prayed, two women told me they asked Allah for peace for the victims and love from one another, ending hate. 1108

SAN DIEGO (KGTV) — For the first time in 40 days, San Diego County has fallen below the state's County Monitoring List threshold for coronavirus case rate.San Diego County was placed on the list on July 3 after it crossed the state metric of 100 cases per 100,000 people over 14 days. Wednesday, the county reported a case rate of 94.1.The county will have to remain off the watch list for another three days to get off California's watch list and an additional 14 days in order for local schools grades 7th through 12th can return to in-person instruction.No other businesses are slated to be allowed to reopen after that 17-day window unless the state provides more guidance for business reopenings, according to the county.San Diego County reported 236 new COVID-19 cases on Wednesday, a 3% positive rate out of 7,339 reported tests. Six new deaths were also reported, including five women and one man who died between July 28 and Aug. 11. All of the victims had underlying conditions, county officials said.The county also reported two new community outbreaks, one in a grocery setting and one in a manufacturing setting.While the county's case rate has fallen, it continues to be high above its community outbreak threshold of seven in seven days. Currently, the county has 26 community outbreaks in a week. A community outbreak is three or more coronavirus cases in the same setting in people of different households in the past two weeks.Supervisor Nathan Fletcher said of the drop in the county's case rate: "San Diegans should be proud of the progress we have made, but we have to recognize the goal is not just to get our cases down, it is to keep them down. We’ve seen progress because of a renewed focus and vigilance, and we need that same focus going forward." 1782

SAN DIEGO (KGTV) -- Despite record unemployment levels in California, the state's economy keeps turning, partly on the backs of the small businesses that have been able to stay afloat. However, six months into the COVID-19 pandemic we’re seeing how some businesses that were forced to shut down to prevent the spread of the virus won't reopen."We've had to pivot and shift, almost call audibles in the middle of what's going on to try to keep our businesses open," said Derrick Banks, owner of Freshly Faded Barber Shop.Banks has been in business for about seven years.He said beyond the haircut, there's something special about the conversations that take place while at the shop."If you see my barber cape, it says ‘Love thy homies’ on it," Banks said. "I feel like every person that gets in my chair becomes a friend eventually."Banks said back in March when businesses were initially forced to close, it's those close conversations and connections to the community that took the biggest toll. That and trying to keep up with an ever-changing series of rules and health and safety standards."We've had to pivot back and forth between cutting hair outside, cutting hair inside, having these safety precautions," he said. "One day we're allowed to be opened, and the next day we're not."While Banks has been able to stay in business, he has only to look down the street to see others who didn't make it."Just in a two-mile radius of this shop, there have been two barbershops that I know of that have permanently closed," he said.Banks said there's no playbook for how to get a business through a pandemic. He understands the importance of small businesses in the community and believes those running them need to do what's best for them."I'm not in a position where I can hope for anything," he said. "I have to have a clear plan, but I am optimistic."The EconomyYou can find empty storefronts in cities across California. But what does it mean for the state's economy?"California is suffering like the rest of the country," said Alan Gin, an economics professor at the University of San Diego. "We had a surge in terms of our unemployment rate. It's come down but still much higher than before the pandemic."Gin said the service and leisure industries have been the hardest hit.According to the California Employment Development Department (EDD), the state's unemployment rate improved to 11.4 percent in August as the state's employers added 101,900 jobs.In July, the state's unemployment rate was up at 13.5 percent.The state agency says Leisure and Hospitality posted the largest industry job loss in August (-14,600), and 561,900 of the sector's 633,000 year-over job losses have occurred since March 2020.Despite the record unemployment, Gin said California has lot of high-tech and business service jobs that can work remotely. It means many higher-paying industries didn't have to shut down.His worry is about the growing financial inequality."It was already bad in this country, but now it's likely to be even worse as a result of this," Gin said.Gin also noted that help from the federal government and unemployment benefits paid out by the EDD has also helped keep California's economy turning.EDD said it processed more than 13 million claims and distributed more than billion over the course of the pandemic.It's important to note last week, the EDD announced it's taking a two-week reset period. The goal, they explained, is to clear the massive backlog of unemployment claims that have been filed over the past six months. An EDD strike team found 600,000 California workers still haven't received the benefits they applied for.Reporter Adam Racusin asked Gin if California's economy can survive another six months of the current conditions."I think an important aspect is whether or not another stimulus package can be passed," Gin said. “I think some more relief is needed. The worry is that with the cutoff of unemployment that the people at the lower end, who are being kept afloat, are going to fall off a cliff." 4047

SAN DIEGO (KGTV) - Flu cases have more than doubled in San Diego County than this time last year, health officials reported Wednesday. Six hundred patients have been diagnosed with influenza so far this flu season, according to the San Diego County Health and Human Services (HHS) Agency. The number of cases soared last week, with 139 people diagnosed with the flu. During the same week last year, 57 flu cases were reported. Three people have died from the flu in San Diego County this season.RELATED: Third patient dies of flu this season in San Diego“Given the numbers that we’re seeing, it’s evident that more San Diegans are getting sick,” said Wilma Wooten, M.D., M.P.H., County public health officer. “And with the holidays upon us, those figures are likely to continue to increase since people will be out and about in large groups.” HHS officials urge San Diegans to receive a flu vaccine. The immunization is especially critical for the elderly, young children, pregnant women and people with compromised immune systems. To find a location for immunization, click here.RELATED: Want to reduce your child's sick days? Hand sanitizer is better than hand washing, study says 1190