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SAN DIEGO (KGTV)— Surfers and swimmers stayed away from San Diego waters after the National Weather Service issued a high surf advisory Saturday. Conditions were deemed dangerous for Southern California coastlines, with the highest waves reaching eight to ten feet in San Diego County.10News met San Diego locals Derek Janich and his daughter Kaylee at Ocean Beach. “No plans to get into the water today. Maybe on a more warm day,” Janich said. “It’s a little blown out and a little cold, lately. Definitely big surf today. You have to be careful when you’re in the water.”But out-of-towners Benjamin Guffee and his children could not resist dipping their toes in the San Diego waters. “It’s in a pool back in St. Louis, so they’re not used to this,” Guffee said. With gusty winds, water temperatures in the mid-50’s and waves jumping onto the Ocean Beach Pier, access to the pier was closed off, disappointing some visitors.“It’s normally, open — a nice walk. You’ll have some vendors and people just kind of doing their thing,” Janich said. The high surf advisory ends Monday at 2 am. 1094

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 (KGTV)- As teachers come up with their virtual lesson plans for the upcoming school year, one local music teacher is turning to the community. Students at Grossmont High School need guitars for class."We'll have 80 students plus taking guitar this year," says teacher Jeremy Cooke. "It is vital for them to be able to play a guitar at home."The high school is not able to provide an instrument for each student."We're a Title I school. So over half of our students get free or reduced lunch, and many can't afford their own guitar."Cooke made a post on Facebook asking for the community to donate any used or new guitars. He says the response has been amazing. As of Monday afternoon, Cooke has received over 30 guitars. Many others are pledging to donate."I've been driving around the county picking up guitars, meeting the people who are donating, and its really neat to see, especially during these tough times."As part of his distance learning plan, Cook has compiled multiple videos recorded over the years to help students learn to play the guitar.Once the class is finished, the students will return the donated guitars to the school for others to use the following year.Grossmont High School is still in need of more guitars. Cooke says he is accepting used and new acoustic or electric guitars for the upcoming school year. If you would like to donate email Cooke at jcooke@guhsd.net or message him on Instagram @covidguitars 1452

SAN DIEGO (KGTV)- Two San Diego families were devastated when their dogs disappeared. After days of searching, they found out their dogs were adopted by other families at local shelters. “I would give anything to have him back,” says Valeria Mega?a. The Spring Valley family’s poodle mix, Cookie, has been missing since Halloween. “It’s been really hard. Life is not the same without him.”After searching day and night, the family got word Cookie was placed at the El Cajon Animal Shelter. When Mega?a checked, she was told Cookie had already been adopted. A similar situation happened to a family in City Heights. Nora Avila says she was out of town when her dog Mocha, who was staying with a neighbor, got out. By the time she made it to the San Diego Humane Society, he had already been adopted. “We pleaded with them to let the family know… that we loved him. He was never abandoned,” says Avila. The El Cajon Animal Shelter and the San Diego Humane Society have holding periods of four days for animals with no identification. Cookie and Mocha were not microchipped. “One in three pets in their lifetime is missing at some point. That’s why for us again, it is so important that people microchip their pets,” says Jennifer Brehler, with the San Diego Humane Society. Both shelters told 10News they notified the adopters but the new families have decided to not return the animals. The dogs’ original families are hoping they will have a change of heart. If you are the adopted owners of Cookie or Mocha and would like to return the animals, we can put you in contact with the families. Contact Reporter Natay Holmes at 619-237-6383 or natay.holmes@10news.com  1717

SAN DIEGO, Calif. (KGTV) – A prominent harbor cruise company is continuing to operate despite being cited for violating a County health order. Tuesday afternoon, 10News took video of Flagship Cruises & Events taking passengers aboard for bay tours even after the company was cited by San Diego Harbor Police over the holiday weekend for violating the County's health order 14C which bans recreational boating unless all the passengers are from the same household. Tuesday, a company spokesperson sent the following statement to 10News.“We are part of the Passenger Vessel Association, not recreational boating. They are classifying us under a charter business which is still banned. We DO have a charter business but are not operating any charters at this time. Only public tours and maintaining all safety guidelines set by the city & CDC. We didn’t receive a cease & desist, and will continue to operate our harbor tours & patriot jet boat this week. We open up our dining cruises starting this Friday with Hops on the Harbor – pairing with local brewery, Pizza Port.”Monday night, the company told 10News it's part 14E of the County health order, not 14C. That section states in part, "other public or private outdoor recreational facilities (other than community pools per State order), including recreational equipment (such as bicycle, boat, kayak, equestrian and surfboard) rentals may be open for limited use."During Tuesday’s County press conference, Supervisor Nathan Fletcher told 10News, “The rental items that they're alluding [are for] individual use type things like a bicycle or a kayak or a surfboard and so they are not covered under the current public health order,” and added, “If they continue to operate, they are going to continue to be cited.”Harbor Police say the citation comes with a fine of up to ,000 and up to a year in jail. Harbor Police say they're documenting each sail the company is doing and incorporating those into the original citation that it sent to the City Attorney's Office. 2046

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