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SACRAMENTO, Calif. (KGTV) — The California Medical Board is looking into a case where a San Diego doctor is accused of using dirty needles on pediatric patients. Newly released documents by the California Medical board states Dr. Bret Robert Gerber used dirty syringes on a 2-year-old and a 10-year-old in July 2016. At the time, Dr. Gerber worked at Scripps Coastal Medical Center in Hillcrest. The documents state a medical assistant reported seeing the doctor bring in two boxes of unauthorized needles from home. Upon closer review, she noticed that the syringes had expired in 2008, and the boxes contained dead insects and what looked to be rodent droppings. Three years before this alleged incident, Dr. Gerber was arrested by Mono County Sheriff's deputies for having psychedelic mushrooms, cocaine, and ecstasy. Deputies found the drugs inside his Winnebago during a traffic stop as the doctor was on his way to the Burning Man Festival. He later admitted to using ecstasy at the festival.Instead of court, Dr. Gerber went through a diversion program and the Medical Board put him on probation. However, in March 2018, documents showed Gerber violated his probation after failing to provide a bodily fluids sample for a drug test. Despite his prior offenses, Dr. Gerber’s medical license was never revoked. Dr. Gerber continues to practice pediatric medicine twice a week, most recently at Mid-City Community Clinic in City Heights. 10News contacted the California Medical Board for comment. Officials said Dr. Gerber now faces multiple charges including gross negligence, repeated negligent acts, failure to maintain accurate medical records, and unprofessional conduct. 1688

SAN DIEGO (AP) — Marine Corps prosecutors were meeting Tuesday to try and save its cases against 13 Marines accused of crimes tied to a human smuggling and drug investigation after a military judge ruled it was illegal to make the videotaped arrests made during a battalion formation while leaders called them “a cancer” and “bad Marines.”Maj. Kendra Motz said prosecutors at Marine Corps Camp Pendleton were exploring their options, but she did not know what they were considering.The judge, Marine Col. Stephen Keane, gave prosecutors until Nov. 25 to offer a way to remedy the situation.When ruling Friday, Keane agreed with defense attorneys that commanders violated the rights of the accused when they pulled the Marines out of a morning battalion formation of 800 troops at Camp Pendleton July 25 and accused them of the crimes in front of their unit, 1st Battalion, 5th Marines.The actions amounted to unlawful command influence, Keane said. That is when commanders use their positions of power to affect a case and compromise the ability for a fair trial.If the prosecution cannot remedy the situation, the court would be left with only one option: dismissing the charges, he said.Defense attorneys for some of the Marines have asked for charges to be dismissed. They say the public display would make it difficult to find an impartial jury pool and guarantee a fair trial.The Marine Corps filmed the arrests. The video was obtained by the San Diego Union-Tribune.The Marine Corps said in a statement when the newspaper obtained the video that it was made to document the arrest “in an unbiased, non-editorialized manner.”The video is for official use only and would not be released, Motz said. Prosecutors declined to be interviewed, saying they do not comment on pending cases.The military personnel are accused of various crimes from migrant smuggling to drug-related offenses, but officials have not said exactly how they were involved.U.S. Border Patrol officials say smuggling rings have been luring U.S. troops, police officers, Border Patrol agents and others to work for them as drivers — a crucial component of moving migrants further into the United States once smugglers get them over the border from Mexico.None of the Marines are accused of bringing immigrants across the border. 2309

SAN DIEGO (CNS) - A former La Jolla Country Day School teacher pleaded guilty Thursday to having sex with a 17-year-old female student and faces up to one year in local custody.An Oct. 21 sentencing date is scheduled for Jonathan Sammartino, 37, who also could face lifetime sex offender registration and be prohibited from teaching again at any school.San Diego County Superior Court Judge Charles G. Rogers, who took Sammartino's plea to a felony count of unlawful sexual intercourse with a minor, said he was "not inclined" to impose sex offender registration, but still might do so at the sentencing hearing.As part of the plea agreement, felony counts of oral copulation of a minor and digital penetration of a minor were dismissed.Sammartino, the son of U.S. District Judge Janis Sammartino, remains out of custody, pending the sentencing hearing.The victim, identified only as "Jane Doe" in court proceedings, testified earlier this year at Sammartino's preliminary hearing that the first sexual encounter happened in the early part of 2016, when he arrived at her home unannounced around midnight. She said she went outside to meet with him in his car, at which point he told her he didn't trust himself around her.Sexual encounters occurred that night in his car and on several other occasions in his vehicle and his house over the next few months, she testified.The victim, who went on to attend UC Berkeley, filed a report with campus police in the summer of 2018. Charges were filed later that year.In a recorded phone call played during the preliminary hearing, Sammartino admitted to the past encounters with the victim."Why did you do it? You knew I was 17," Doe says on the recording. "You knew I was your student. You knew it was my first time and I lost my virginity to you.""I don't have a good answer, because I wasn't thinking through what I was doing," he replied, apologizing to her several times throughout the call. "I can't believe that I did that."At the preliminary hearing, defense attorney Eugene Iredale unsuccessfully argued to have the charges reduced to misdemeanors, and introduced evidence regarding a 2015 bicycling accident in which Sammartino hit a pothole while riding in La Jolla and landed on his head. Sammartino was hospitalized and had to re-learn some functions before going back to the classroom, according to the defense attorney.Iredale argued that the brain injury affected his emotions and ability to make reasonable judgments, playing "a significant factor" in the commission of the charged acts.Rogers ruled against the defense request in January. Though he said he believed Sammartino had been affected by the injury and was unlikely to re- offend, he stated that the sexual nature of the defendant's relationship with the teen was entirely his idea."She wanted an emotional relationship with Dr. Sammartino. That is abundantly clear, and frankly, I think it's also clear that he wanted and needed an emotional relationship with her. But the sex was not her idea; the sex was his idea," Rogers said. "He was the grown-up and it was his responsibility not to do that." 3129

SAN DIEGO (CNS) - A health executive and the mayor of Poway were clinging to narrow leads Wednesday in their bids to claim open seats on the San Diego County Board of Supervisors, while an incumbent was on the verge of being voted out.District 1 board members Greg Cox and District 2's Dianne Jacob are both termed out, meaning the board will have at least two new members.Cox, a Republican, has been in office since 1995, representing the district that includes National City, Chula Vista, Imperial Beach and Coronado, along with 19 communities within the city of San Diego, including Barrio Logan and Sunset Cliffs. It also features the unincorporated communities of Bonita, East Otay Mesa, Lincoln Acres and Sunnyside.Nora Vargas, a health executive, expanded on an early lead in the race to replace him, securing 54.6% of the vote to 45.4% for state Sen. Ben Hueso.Both Vargas and Hueso are Democrats.Hueso, a former San Diego City Council member, has represented Senate District 40 since 2013.Vargas is a vice president of Planned Parenthood of the Southwest and also serves on the Southwest Community College board.The District 2 race, meanwhile, had Poway Mayor Steve Vaus with a narrow 50.6% to 49.4% lead over fellow Republican and former state lawmaker Joel Anderson.The termed-out Jacob, also a Republican, joined the Board of Supervisors in 1993. The district is home to the cities of El Cajon, La Mesa, Lemon Grove, Poway and Santee; and the San Diego communities of Allied Gardens, College Area, Del Cerro, Grantville, Navajo, Rolando and San Carlos.It also covers East County's unincorporated communities of Alpine, Campo, Julian, Ramona, Rancho San Diego and Spring Valley. Anderson represented the East County in the Assembly from 2007 to 2009, and in the state Senate from 2010 to 2018.A Grammy-winning recording artist, Vaus first served on the Poway City Council before winning the 2014 mayoral race. His leadership during the deadly 2019 shooting at a Poway synagogue received national attention.In the District 3 race, challenger Terra Lawson-Remer -- a Democrat who served as a senior adviser in the Obama administration -- had 60% of the vote and appeared poised to defeat incumbent Kristin Gaspar, a Republican elected in 2016.The coastal/North County district includes a dozen neighborhoods within the city of San Diego, including Carmel Mountain Ranch, Mira Mesa and Rancho Penasquitos. It also includes the cities of Del Mar, Encinitas, Escondido and Solana Beach.A former Encinitas mayor and City Council member, Gaspar is also a small business owner.Lawson-Remer has never held public office, but was endorsed by Gov. Gavin Newsom, Rep. Scott Peters and county Supervisor Nathan Fletcher. 2726

SAN DIEGO - (KGTV) Southern California's recent earthquakes have demand for emergency supply kits skyrocketing. Ready America is a manufacturing company in Vista. The company sells disaster supplies and emergency kits to big box stores like Home Depot and Lowes. They are also sold on Amazon."Once people feel it, then it's real, and it's going to happen to me, and with Thursday's 6.4, there was a lot of demand. With the 7.1, which is the largest earthquake in 20 years, the demand has been unprecedented," said Jeff Primes, President of Ready America. The disaster kits include food and water with a five-year shelf life, a manually operated charging station, light sticks, first aid necessities, and more. There's even a pet carrier with emergency supplies for a dog or cat."From a one person three-day kit that starts at about retail, all the way to a four-person retail deluxe kit for about 0," said Primes.The company is also home to the Big Shaker Earthquake Simulator. It's used to show people what a 6.8 magnitude earthquake feels like and the damage it can do. "You really want to get under something sturdy, you want to get under a table such as this you want to drop, cover your head and neck and hold onto that table so that table doesn't jump around on you," said Trevyn Reese of Ready America. Reese said, resist the urge to run to your children."If you do need to get to your child quickly, it's recommended you get down on your hands and knees and crawl during an earthquake. Trying to run to your child right away is gonna start throwing you against all the hallways. There will be things falling down on you that can potentially cause harm, especially broken glass," said Reese.Another misconception, Reese says, is to run outside."It could potentially be harmful cause you don't always see those items that are around you," said Reese. The company also sells earthquake fasteners and putty to keep furniture and decorative items attached to the wall, so they don't become projectiles. 2022