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SAN DIEGO (KGTV) - A former Yuma Police officer testified Tuesday in his trial for the rape of a woman in Kensington.Jared Elkins, 34, raped his wife’s cousin after a family gathering at her home on Marlborough Drive last year, prosecutors said. The group had been out to dinner, then watched a movie while drinking beer and wine at home.She testified last week, saying she didn’t yell during the alleged attack because Elkins threatened to kill her. His wife was asleep across the hall at the time.After the encounter, the woman said she ran into her mother’s room for help, and they both escaped out a window.At a hospital, the alleged victim's blood-alcohol level was determined to be .09 percent, according to witness testimony.Police said Elkins told them that the sex was consensual and the rape charges were made out of guilt.Elkins told the jury the alleged victim started flirting with him after everyone else went to sleep.“There was mutual flirtations between the two of us and we were being adults,” said Elkins, who testified the woman was “cuddling, almost snuggling” with him.“She said yeah, it was surprising to me; I was excited a younger attractive woman, you know, it kind of confirmed everything on the couch,” Elkins said.Elkins resigned from the Yuma Police Department in 2017. He is facing nine felony counts including forcible rape and could serve 14 years in prison if convicted.City News Service contributed to this report. 1462

SAN DIEGO (KGTV) — A class-action lawsuit against the University of San Diego wants the school to refund students some tuition fees following the move to virtual learning.The lawsuit, filed by two students, claims the college owes students some of their tuition and fees back due to the switch to virtual learning.The suit says that when the school switched to virtual learning in Spring 2020, students were still charged full tuition even though "USD could no longer provide the promised hours of instruction." The lawsuit claimed that USD also increased its tuition on top of that."Similarly, students paid fees for services and access to facilities and equipment over the full semester. Though USD provided these services and facility/equipment access for only part of the semester, and could not provide them for the full semester, USD demanded that students pay fees for the entire semester," lawsuit documents state.A spokesperson for USD told ABC 10News they have not been notified of or served with the lawsuit.The lawsuit is seeking a "prorated portion of the tuition, fees and other related costs, proportionate to the diminished value of online classes and the amount of time in the Spring 2020 and following semesters when USD ceased in-person classes, campus services and access to campus facilities, continuing through to such time as USD reinstates in-person classes" for the two students who filed the lawsuit and "all others similarly situated." 1470

SAN DIEGO (KGTV) -- A big step taken in the effort to get the San Diego Police Department to stop using a specific restraining maneuver during arrests.On Tuesday, the community review board voted to recommend that the department gets rid of what police call a carotid restraint in some circumstances.  "Have you ever been choked or had the life choked out of you? I can snap back too!" The public was allowed in the meeting but was not supposed to talk. Desiree Smith couldn't help herself, because this issue is personal. "My son was choked by police at a homecoming event at the school," she said. The community review board debated whether or not San Diego police officers should be able to use the carotid restraint.Police are currently allowed to use the tactic to subdue people that they are trying to detain. Smith told 10News she does not think the restraint maneuver should be used, ever."It's inhumane," she said. "I wouldn't do it to an animal, let alone a human. They have stronger laws for animals than they do for humans."  1085

SAN DIEGO (KGTV) — A group of City of San Diego employees is suing the city after they were exposed to asbestos inside their office for months.The class-action lawsuit, filed in Superior Court June 21, accuses high-ranking city officials of knowing about the asbestos at 1010 Second Avenue, but keeping the workers there because they did not want to break the lease. 374

SAN DIEGO (KGTV) - Military families sent 10News letters discussing a myriad of issues their students faced when they transferred from out of state into San Diego Unified School District.One student, who didn't want to be identified, sent a letter that read in part, "I would dread getting up everyday knowing that this was going to be a continuous process," explaining he didn't get the same treatment in an assistance program here, compared to where he previously lived.Another letter discusses a woman's special needs children, "It took over a week to even get my children placed in classrooms to start school with no updates as to why. After calling several times we were able to get placements for our children. I know that special needs children have to be placed in certain classrooms and things like that, but for it to take that long is a little excessive." She continued stating in the letter, "two of our children are waitlisted (with no foreseeable date of service) for speech therapy with a letter stating that it is because there is a "lack of available therapists" in the area."Erika Bradley said her daughter had trouble transferring AP and Honors credits, and once she was pulled out to be home schooled, she was told her daughter couldn't participate on the Varsity Soccer team."It put her in a tailspin... We had many instances of panic attacks," she said."We have upwards of 8,000 military dependent students within our district," Jennifer Coronel, Program Manager of Children and Youth in Transition at SDUSD said. That's about 7% of the district's student population.On SDUSD's website, you can find numerous resources for military families. The district gets anywhere from ,000,000 to ,000,100 in military student funding per year. "We have four Intervention Counselors that work out of the Department of Children and Youth in Transition and all of them have a specific area within San Diego Unified and assist with all matters related to military students," Coronel said. She says rules and maybe even federal laws need to change to make a smoother transition for military students.Bradley says many military families pull their students for homeschooling to get around transfer issues, but Bradley says she wants more oversight to ensure military families are taken care of in the future. 2327