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SAN DIEGO (KTGV)— A homeless man and convicted rapist accused of sexually assaulting a woman at an East Village bar in November faced his accuser in San Diego Superior Court. Gary Cushinberry, who's accused of multiple counts of sexual assault and attempted rape, pleaded not guilty. The judge ordered all media to conceal the victim’s identity, and to refer to her as Jane Doe. Jane Doe took the stand and recalled what happened on the evening of November 5th. She said she was at Amplified Kitchen and Beer Garden in East Village, celebrating with some colleagues.After having a few drinks, she headed to her car. She admitted she was drunk at the time, and her memory was hazy. But she did remember the moment her bottom touch the ground.“He was touching underneath the blanket, and I just remember being shocked. Uh, next he further proceeded to put his hand in my pants,” Doe said. While he attacked her on the ground underneath a dirty blanket, he tried to drug her with what she thought was a meth pipe, Doe continued. Detective Carlos Munoz of the San Diego Police Department also spoke in open court. After the case was assigned to him, he monitored surveillance cameras in the area. The detective found footage of a homeless man fitting Gary Cushinberry’s description, pulling Jane Doe into a bush next to her car. The two were not in frame for the next 25 minutes, until video captured Jane Doe speeding away from the parking lot, back into Amplified, where she later reported the assault.“It’s like you imagine a fight or flight. And I didn’t really fight and I didn’t flight. I just froze,” Doe said. Cushinberry, who is already a convicted rapist in Indiana, returned to the frame, just two minutes later. “When he walks up toward the intersection, or the corner, he is adjusting his belt, he is adjusting his waist,” Detective Munoz said. The next day, Jane Doe provided information for a suspect sketch.Officers also took her to Palomar Hospital to run a rape kit. DNA Criminalist Adam Dutra of the San Diego Police Department Crime Lab tested the DNA swab taken from the front button and zipper of Jane Doe’s shorts.“There was strong support for the inclusion of Mr. Cushinberry as the 98% contributor,” Dutra said. Cushinberry’s past convictions include rape in 1995, sexual battery in 1997, and recently, felony robbery in San Diego.His next court appearance is on December 19th. 2407

SAN DIEGO, Calif. (KGTV) - One day after the death of Supreme Court Justice Ruth Bader Ginsburg, and locals in San Diego came together to honor the Notorious RBG.Related: Supreme Court Justice Ruth Bader Ginsburg has diedA couple hundred people came together on the steps of Superior Court of San Diego on Union Street on Saturday night.While a few people shared remarks, mourners gathered with candles and flowers. Many people also wore collars, like RBG. A memorial on the steps of the Superior Court grew, filled with signs, flowers and candles.“It’s shaken some folks and we just want to come together and share our strength because ultimately we believe there is strength in unity,” said Lesa Thode, secretary for Women’s March San Diego.Thode said they wanted to give people a place to grieve and remember RBG together. She added that there will be more memorials in the near future that will be more accommodating for the Jewish community, who are in the middle of Rosh Hashanah. One attendee of the vigil was Felicia Rawlins, co-founder of the group Encinitas for Equality.“Came down here to grieve our loss of RGB and take a moment to really feel the feels before we start taking action,” said Rawlins.Many other attendees echoed the need to process, then use the legacy of Ruth Bader Ginsburg to continue forward with the change she started. 1359

SAN FRANCISCO (AP) — A California state audit found that the University of California wrongly admitted at least 64 wealthy students over the past six years as "favors to donors, family, and friends."California State Auditor Elaine Howle also found in the audit released Tuesday that campus staff falsely designated 22 of the applicants as student-athlete recruits because of donations from or as favors to well-connected families.The University of California, Berkeley, admitted 42 less-qualified applicants based on connections to staff, leadership, and donors.The audit was conducted in response to the national college admissions scandal that embroiled prestigious universities around the country, athletic coaches and dozens of wealthy parents. 756

SAN DIEGO, Calif. (KGTV) - A new California law could let convicted killers out of prison, and San Diego County's district attorney said her office will fight it on a case-by-case basis.Senate Bill 1437 passed the state Legislature last year and went into effect on January 1. It narrows the definition of murder so that only people who are involved in a killing can be charged with that crime.Before the law, accomplices in a killing could also have been charged with murder."It may let murderers go free, because of how far it goes," said San Diego County District Attorney Summer Stephan.Stephan said her office will challenge some re-sentencing hearings based on the new law, although she said they don't know how many there will be.One possible case involves Kurese Bell, who He as convicted of murder in 2016 for his role in the robbery of a North Park marijuana dispensary.During the robbery, Bell and another man, Marlon Thomas, got into a shootout with a security guard at the dispensary. The guard shot and killed Thomas.The DA's office argued that Bell should face murder charges because his actions in the robbery led to the shootout and, ultimately, Thomas' death.Bell is currently serving a 65-year-to-life sentence.Stephan said criminals need to be held accountable for the crimes they commit and cause."It's really important that each offender is held culpable at the right level," she said. "That's what justice is about."Supporters of the new law say it is a vital part of California's efforts at criminal justice reform. They say the old law unfairly targeted young minorities.On its website, the group Restore California says the new law makes sentencing in California more "equitable." They also say it gives accomplices an incentive to cooperate with investigators."In a co-defendant felony murder case, co-defendants who were not the actual killers, who did not aid and abet the killing, or who did not act with reckless indifference to human life will now have an incentive to talk and tell the truth about what happened," the website reads. 2073

San Diego (KGTV)- Improved bike lanes are making it easier for cyclists to get around. The new lanes are a part of the city’s effort to protect riders and get more people out of their cars. The city is in the first phase of its Downtown San Diego Mobility Plan. They are hoping to have at least 6 percent of commuters riding their bikes by the end of the project. Jamie Hampton has been riding her bike to work for over ten years. At times, she says she hasn’t felt safe around moving cars. “It’s challenging because you have to kind of figure out how to share a lane with a car.”The city is making it easier for riders to get around the Downtown area with protected bike lanes. White reflector poles separate the lanes. Some have another layer of protection with street parking spaces. There are also designated signal lights for cyclists. The City Council adopted the estimated million mobility plan in 2016. It calls for 9 miles of protected bike lanes in the Downtown area. “It’s a nice balance of how to share a road with a car.”The city hopes to have all three phase of the mobility plan completed by 2021. 1125

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