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SAN DIEGO (KGTV) — New details are emerging about the death of a man in San Diego Sheriff’s deputies’ custody. A recently released Medical Examiner’s report says an arrestee’s death last year was a "homicide." The District Attorney's office said last year that none of the deputies involved in the in custody death will face any criminal charges. Oscar Leal died last February 28 after deputies responded to his apartment in Vista and detained him. RELATED: D.A.: Officers will not be held liable in 8 officer-involved shootings, 4 in-custody deathsThe autopsy report said the 37-year-old died from a sudden cardiac death due to chronic methamphetamine use, a physical altercation with deputies and being restrained. The Medical Examiner’s homicide classification is not a legal term, but a medical assessment. The DA's office wrote in part of a nine-page summary and statement in December last year: "... His level of methamphetamine intoxication combined with his active resistance combativeness in the duration of the struggle, all contributed to his death ... The deputies involved in his detention acted reasonably under the circumstances in bear no state criminal liability for their actions."The Sheriff Bill Gore wrote in a statement:"I am aware of the Medical Examiner's conclusion regarding the manner of death of Mr. Leal. I respectfully disagree with the classification of the manner of death in this case as a homicide.The pathologist wrote that his death was due to acute methamphetamine toxicity in the setting of agitation, physical altercation, and prone restraint. It was purely due to Mr. Leal's agitation that he was restrained. Peace officers have a duty to restrain those who are agitated and under arrest, as Mr. Leal was. Were it not for Mr. Leal's abuse of methamphetamine he would be alive today. The deputies and nurses on scene rendered immediate aid to Mr. Leal.Mr. Leal brought upon his own death with his choice to use methamphetamine. His manner of death is more accurately classified as an accident."It has not been made clear yet why the medical examiners report took 13 months to be released. 2135

SAN DIEGO (KGTV) – Police are investigating a shooting in Ocean Beach that left a man dead early Tuesday morning.According to San Diego police, gunfire was reported at around 1 a.m. on the beach by Lifeguard Tower No. 2 near 1900 Abbott Street. Witnesses reported hearing as many as four shots fired, ABC 10News learned.Responding officers arrived at the scene to find an unidentified man with at least one gunshot wound to his upper body.Despite life-saving measures, the man was declared dead at the scene. The victim was described by police as a man in his 50s or 60s, and witnesses believe he was homeless and frequents the Ocean Beach area. Officers are searching the area for the gunman, but a detailed description of the suspected shooter was not immediately available. 784

SAN DIEGO (KGTV) - Padres fans who haven't been to East Village since last baseball season might be surprised by some changes.Several businesses, including the Tilted Kilt, have gone out of business.New ones have stepped up to the plate and hope to become neighborhood staples.MG Beyer Seafood by the Park opened three months ago at 317 Tenth Ave.Owner Jorge Fuentes has successfully run the business out of a food truck for 14 years. The location on Tenth Ave. is their first storefront. Among customer favorites are the award-winning tacos and fresh ceviche.Portioned is another new business. Located at 910 J Street, the business specializes in healthy meal prep. They also plan to have a late night lounge serving organic wines, Boochcraft, and local beers. 769

SAN DIEGO (KGTV) - One person was hospitalized after a fire ripped through a business across from famed Belmont Park in Mission Beach.The two-alarm fire was reported shortly before 7 a.m. at a structure in the 700 block of Venture Place, near Mission Boulevard. 274

SAN DIEGO (KGTV) — Police are searching for a man they say snuck through a window into a Pacific Beach home and sexually assaulted a sleeping woman.10News met 25-year-old Christine Mansour, skateboarding along the beach.   The entrepreneur has lived in PB for the last three years, and so far, she loves her neighborhood. "There is a bit of homeless people honestly, but I've never felt unsafe," Mansour said. That is until a manhunt for a suspected rapist unfolded in her area. On Oct. 1, police said 55-year-old Jeffrey Hanze, also known as "Jeffrey Hanre," snuck into a home in the 900 block of Chalcedony Street, located off Mission Boulevard, just before 2 a.m. Once inside, police say he sexually assaulted a woman as she was sleeping, before fleeing the area in an unknown direction."I feel very sorry for her. I hope she is okay," Mansour said. Police said Hanze has been on the run ever since. We went to Hanze's Pacific Beach address nearby. Instead of Hanze, we met 75-year-old Janet Eveleigh, who told us she moved in eight months ago. Yesterday afternoon, she said police came over, searching for Hanze. "There were two at the door, and three over there, and they had guns," Eveleigh said. She told them she had never seen the man in her life. 10News also looked into Hanze's criminal past. We found he has at least two felonies out of San Diego, and was charged with several sex crimes in Arizona in 2011, including Public sexual indecency, indecent exposure to a person 15 years or more, and disorderly conduct. He is not listed as a sex offender.  Residents in PB said they feel uneasy, knowing Hanze is not behind bars.  1720

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