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SAN DIEGO (KGTV) -  There are disturbing allegations that the foster system in San Diego County failed children it was supposed to protect.Critics question whether the rules of confidentiality designed to protect children are doing more to shield social services from scrutiny."My children are going to have to live a lifetime trying to get over and deal with this trauma,” said Melanie. 10News is not sharing Melanie’s last name to protect her adopted children. She is an adoptive mother and foster parent."I became a foster parent because I did want to make a difference in children's lives that didn't have families,” she said.Melanie said she became a foster parent about a decade ago. She wanted to give children in need a safe, loving home.However, Melanie says a potential adoptive child placed with her in 2015 ripped the joy right out of her home.The foster child “ended up sexually assaulting all three of Melanie's adopted sons,” said Melanie’s attorney Jomo Stewart.Stewart said they filed a lawsuit against the County of San Diego, several county employees, and a national foundation that focuses on foster care alleging they all were negligent in placing the child with Melanie’s family.The lawsuit said the county assured Melanie the potential foster child had no history of sexual misconduct, mental illness or any history of wrongdoing.The suit claims that social services concealed the child's past issues and put her sons in unreasonable harm.According to Melanie’s lawyer, Melanie "asked social services whether or not these children had any type of mental health issues, had any previous history of being sexually abused or any previous history of sexually acting out and all answers to those questions were no.”Court documents claim about a month after taking the child into her home the child began to act out, including incidents such as smearing feces on the wall and downloading and watching pornography. Court documents stated that the child “took one of the boys’ cell phones and again downloaded homosexual child pornography.”Then things escalated.The suit claims there were several incidents of sexual violence against the other children in the home over the next year.Melanie says her son was traumatized and is still in counseling trying to deal with it.After each incident, Melanie said she reached out to county social services employees seeking help."Sometimes there was no response at all,” Melanie said. “Sometimes they said that they were going to place a report, I'd follow up on the report, I wouldn’t get any information.”According to a representative with the County of San Diego’s Child Welfare Services division, as of July 2017, there were more than 3,692 open child welfare cases and more than 2,365 kids placed in foster care, which is less than the year before There are 712 caseworkers but not everyone directly handles a foster child's case.Although there is no mandate for how many cases a social worker can carry the county says caseloads are monitored and assigned on a monthly basis. Case count per caseworker often fluctuates based on changing circumstances of every case.A spokesperson for the county denied all interview requests for this story. However, attorneys for the county did respond to the lawsuit in a court filing asking that it be dismissed.The response noted the records in the county's possession at the time the foster child was placed in the home didn't include any information that would have alerted them that the child may pose a risk of harm.They also claim there are no factual allegations to support that they failed to take appropriate action. After each incident, they did take action by filing a report and commencing an investigation, according to the county's court filing.Team 10 investigator Adam Racusin asked San Diego attorney Shawn McMillan if it’s surprising to see allegations like the ones in Melanie’s complaint against San Diego County and the foster system. “No, no the foster system not just in San Diego County, but statewide is completely and totally broken,” McMillan said. McMillan is one of only a handful of attorneys in California who specializes in child welfare cases. He said one of the most significant problems in the system is that everything is done in secret."I've dealt with San Diego County for a long time,” he said. “These specific attorneys defending this case, I have cases with them right now, and it's typical to see what they're doing here, it's blame assignment, denial -- a refusal to be held accountable.”According to Melanie's lawsuit, the district attorney's office filed felony delinquency charges against the foster child for sexual abuse, after the placement with Melanie.Melanie said had she known the child's history there's no way the placement would have taken place. 4928

SAN DIEGO (KGTV) -- Two people are dead after a car and semi-truck collided during a Border Patrol pursuit in Otay Mesa Tuesday night, agents say. According to Border Patrol, two people were seen crossing over the border into the United States early Tuesday night. Agents described them as a man and a woman.The agency told 10News a getaway car was waiting for the pair. The driver of the car led agents on a high-speed chase reaching speeds of more than 100 miles per hour. RELATED: Three hospitalized after Border Patrol chase leads to crash in CampoThe pursuit lasted for about a quarter of a mile before the driver reportedly lost control and crashed into the back of a semi-truck, forcing the car beneath the truck and into a ditch. Two of the men inside the vehicle died while the woman was taken to the hospital and, as of Tuesday night, was listed in critical condition. The identity of the victims hasn’t been released. 937

SAN DIEGO (KGTV) — Wednesday, the San Diego District Attorney's Office has released its findings on four officer-involved shootings and one in-custody death in San Diego County.The shootings took place between June 11, 2019, and Feb. 27, 2020. In each instance, the DA found that the officers involved "acted reasonably under the circumstances and bear no state criminal liability for their actions."An analysis of each case from the DA's Office release is included below:Suspect in stolen car shot by officer in El CajonOn February 12, 2020, two El Cajon police officers responded to a report of a stolen vehicle and located the car parked on South Johnson Avenue. An officer approached the car, which was occupied by Keith Crenshaw, 21, who appeared to be asleep in the driver’s seat. There was no one else in the car. A third El Cajon police officer arrived and also approached the vehicle. A Psychiatric Emergency Response Team (PERT) clinician was with the third officer. The PERT clinician stood behind the patrol vehicle because the scene was not secured. As Crenshaw appeared to wake up, one of the officers drew his gun and directed Crenshaw to show his hands, put his hands up, and get his hands out of his shirt at least ten times. The other two officers on scene directed Crenshaw to put his hands up or get his hands out of his shirt at least five times. Crenshaw’s hands were concealed under his clothing. Crenshaw did not comply with the officers’ orders, instead telling the officers, “Shoot me.” Crenshaw moved his right hand towards his waistband and made jolting and jerking movements toward one of the officers through the open passenger door. The officer fired two rounds, striking Crenshaw in the upper body and arm. Crenshaw remained conscious after he was shot telling the officer to, “Kill me please.” The officer continued to give Crenshaw commands to get his hands out of his shirt. Crenshaw complied and was removed from the vehicle. Officers provided medical assistance to Crenshaw until paramedics arrived and Crenshaw was taken to the hospital where he was treated for non-fatal gunshot wounds. A search of Crenshaw and his vehicle revealed that he possessed no weapons at the time of the incident. Fortunately, Mr. Crenshaw survived. He gave a recorded statement confirming the officer’s observations that he simulated actions wanting the officer to believe he had a gun because he wanted the officer to shoot him. In reviewing the totality of the circumstances, the nature of the call, Crenshaw’s failure to abide by commands to show his hands, Crenshaw reaching for his waistband with right hand and jerking towards the officer, viewing the situation in light of an objectively reasonable officer, the officer would have reason to believe that there was an imminent threat of death or serious bodily harm, either to himself or others, that needed to be instantly confronted. Therefore, the officer was justified in his actions and bears no state criminal liability.The DA’s detailed review can be found here.Officers responding to a reported attack are confronted by man wielding a shovelOn August 24, 2019, San Diego Police received a call from a citizen about her nephew’s erratic behavior. SDPD dispatched two officers, telling them that Dennis Carolino, 52, had thrown a brick at his aunt. Two San Diego police officers responded and interviewed the victim, who told officers Carolino was diagnosed with schizophrenia. Officers attempted to locate Carolino to evaluate him for a mental health referral. As officers made their way into a backyard and toward a shed that Carolino had been living in, the door to the shed suddenly opened and Carolino charged toward officers holding a long-handled shovel. Officers told Carolino to drop the shovel, but he continued to advance on officers and ignored their commands. Both officers believed Carolino was going to hit them with the shovel. One officer deployed his taser while the second officer fired his handgun, striking Carolino five times. Life saving measures where attempted but Carolino was pronounced dead at the scene. A review by the District Attorney found the officer used his gun in defense of himself, the civilian witness and the other officer.Based on these circumstances, the officer who fired his handgun acted reasonably and bears no state criminal liability for his actions.The District Attorney’s detailed review can be found here.Man dies from methamphetamine toxicity after being detainedOn June 11, 2019, a man called San Diego Police to report a burglary, saying he found a man he did not know inside his home who had apparently broken in.The first responding officer arrived with a civilian PERT Clinician and contacted Buddie Nichols, 40. The officer attempted to handcuff Nichols, but he began to resist the officer’s handcuffing efforts. Two more officers arrived, and it took all three officers to handcuff Nichols. Nichols resisted enough that the officers used physical force in order to take him into custody by hitting him with a flashlight on his shoulder. During the time the officers were handcuffing Nichols, he displayed symptoms of being under the influence of a controlled substance and continued to do so after he was handcuffed. Nichols was screaming and thrashing about and the officers held him in place on the ground to limit his movements.The officers requested paramedics respond to the location. As the paramedics arrived, the officers noticed Nichols appeared to be unconscious. Fearing he may be in medical distress, the officers removed the handcuffs. Paramedics could not detect a pulse from Nichols and began CPR. Nichols was transported by ambulance to UCSD hospital where he was pronounced deceased.The medical examiner determined Nichols’ cause of death was resuscitated arrest due to sudden cardiac arrhythmia due to excited delirium while intoxicated on methamphetamine. He also stated the manner of death was accident.Based upon a review of the facts and circumstances surrounding Nichol’s death, the law enforcement personnel involved in his restraint acted reasonably under the circumstances and bear no state criminal liability for their actions.The DA’s detailed review can be found here.Man reportedly grabs officer’s gun during struggle fatally shotOn January 24, 2020, two San Diego Police Officers observed Toby Diller, 31, illegally holding an open container of alcohol. Officers stopped the patrol vehicle to speak to Diller who immediately began running away and into lanes of busy traffic on 54th Street. The officers chased Diller on foot, giving him multiple commands to stop. Diller tripped while running through a planter, got back up and was tackled in the middle of a frontage road. Both officers were positioned over Diller as a violent struggle ensued.During the struggle, Diller grabbed the holstered gun on an officer’s duty belt. Diller managed to break the gun from the officer’s duty belt. The officer saw the holster in Diller’s hand, and it appeared Diller was trying to remove the gun from the holster. The officer yelled, “He has my gun, shoot him.” Another officer fired one shot striking Diller on the left side of his cheek. Diller was pronounced dead at the scene by medics. An autopsy showed methamphetamine in Diller’s system.Due to the imminent nature of the threat posed by Diller’s possession of the loaded handgun, it is objectively reasonable that an officer in the same situation would believe that Diller had the present ability, opportunity, and apparent intent to cause death or serious bodily injury to the officer and his partner.Based on these circumstances, Officer Johnson acted reasonably and bears no state criminal liability for his actions.The DA’s detailed review can be found here.Non-fatal shooting of a man in a homeless encampmentOn February 27, 2020, San Diego Police Officers were working a joint operation with the Chula Vista Police Department, San Diego Park Rangers and Environmental Services. Officers and Park Rangers went into the encampment and located Carlos Soto, 70, the only person in the encampment, inside one of the structures. San Diego Police Officers identified themselves and told Soto to come out of the structure. As Soto was coming out the officer could see the butt of a handgun in Soto’s right front jacket pocket. A second officer also saw the gun, which later was determined to be a “BB” air pistol.Both officers gave Soto multiple commands to get on the ground. Instead, Soto grabbed the gun from his jacket pocket and both officers fired. Soto sustained three gunshot wounds which were non-life threatening.Based on the totality of the circumstances the officers reasonably believed Soto presented an imminent threat of death or serious bodily injury to each of the officers. He removed what appeared to be a firearm from his pocket after they had given him several opportunities to come out of the tent and get down on the ground. In light of all the facts, the officers were justified in their actions and bear no state criminal liability for them.A copy of the DA’s detailed analysis can be found here. 9145

SAN DIEGO (KGTV) -- Homeless hospital patients in San Diego are sometimes dumped back on the streets after receiving treatment. Some of them - then turned away from shelters who don't have enough room. California lawmakers are trying to change that.It breaks Kim Peterson's heart to see her friend, Heather, living on this Chula Vista sidewalk."This is a picture of us together," said Peterson. "We've become more like sisters."Heather is constantly in and out of hospitals."She's had multiple strokes," Peterson said. "She needs to use a wheelchair to get around."But, the care stops once the hospitals let her go."She was released back to the street with a bus pass," Peterson told 10News. "It was raining, with no place to go, just a blanket."Another time, Heather was taken to a shelter - but turned away.  "They dropped her off far from where she felt safe," Peterson said. "They took her downtown where there wasn't a bed for her."One hospital told 10News they give patients a list of resources, but the patient has to coordinate them on their own.  Senate Bill 1152 would require hospitals to confirm the shelters have room before they're discharged."What does she need to do?" said Peterson. "I will help her do whatever she needs to do to get housed, to be safe, instead, she's laying on the sidewalk."The current problem leaves the homeless in their most vulnerable state and back on the streets. "It's very discouraging to think that we can't do better than that," Peterson said. Today, Heather got news that a nursing facility has extra room. "She will never get better," Peterson said. "She's gonna be in this permanent state of disability."Heather will be celebrating her 60th birthday next month, with a roof over her head. Many others won't be as lucky. "We can find a solution," said Peterson. "I know we can."   1957

SAN DIEGO (KGTV) - 10News got an exclusive interview with the young San Diego man who says a local ICE agent pointed a gun at his head before being arrested, in part, for driving under the influence.“I’m 20 years-old and for him to pull a gun on me just for test-riding my motorcycle on the street is definitely not okay,” says Jonathan Levenson.A spokesperson for Immigration and Customs Enforcement (ICE) confirms ICE Agent Ed Zuchelli is on administrative leave while officers investigate a criminal matter.San Diego police confirm the incident happened on February 16th on Blue Lake Drive in the community around Lake Murray.Levenson says he was test-riding his dirt bike on his street when he saw the agent walk into the middle of the street to block him.“He had it pointed at me at a ‘shooter’s position’. That’s when I knew it was definitely a gun,” he tells us of the agent, who is his neighbor. “When he first came up to me I could smell some beer on his breath but nothing too strong,” he adds.Levenson says he rode around the agent, but the agent got into his vehicle and followed. “He turned on his lights and sirens and started yelling at me through his microphone. [He was] telling me he was a federal agent and not to mess with him,” says Levenson.Levenson adds that the agent showed him his federal ID badge.SDPD confirms Zuchelli was in a government-issued vehicle at the time of arrest.Police say he was arrested for alleged DUI, showing a weapon and making threats. He was booked and has since bonded out.Zuchelli was supposed to be arraigned on Monday but the District Attorney’s office wrote that it needs more time to review the case.Levenson says all he’s looking for is an apology.Read the full statement from ICE below:“ICE employees are held to the highest professional standards. We will continue to cooperate with local authorities on the investigation related to the arrest of HSI agent Ed Zuchelli. In accordance with ICE policy, Mr. Zuchelli has been placed on administrative duty pending the outcome of the criminal matter.” – Lauren Mack, spokesperson for U.S. Immigration and Customs Enforcement 2147