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SAN DIEGO (KGTV)- A local family contacted Team 10, concerned about the recent marriage of their elderly father to his new caregiver.  In a petition filed in probate court through an attorney, the family of James Donald Hess accused his new wife and former caregiver of "physically and verbally abusing him, and asserting undue influence over him." "It's just heartbreaking," said Dede Hess about her father-in-law. "I was just like, this isn't real." Dede Hess said her father-in-law, known to many as Don, is not in the best health. In the petition, it said his "health steadily declined" after Don's second wife passed away in February 2016 and that he suffered from "depression and loneliness" and became dependent on in-home caregivers. In the petition, it claimed that a caregiver named Nicky convinced Hess to marry her after just a few months. Hess and Nicky Shepard -- now Nicky Hess -- were married on October 14, 2017. Hess was 86-years-old. Nicky was 64.  "I think of her as a shark that smelled the blood in the water," Dede Hess said. RELATED: Resource guide for elderly San Diegans and families Dede Hess also learned more about the past of her father-in-law's new bride.  "When she met dad, she was married, but she was a newlywed," Dede Hess said. "Two weeks after her divorce was final, she married dad." Team 10 found Nicky was divorced at least five times.  The family alleged Nicky convinced her new elderly husband to "withdraw large sums of money from his investment accounts" and that she "forged [ his] name on documents," according to the petition. It also said she placed his health "in extreme danger" by keeping medication from him or giving him too much.  "I would love to see some justice on behalf of my father-in-law, especially if he's ill," Dede Hess said.  Team 10 learned that Don Hess is now hospitalized. His family said his heart stopped for several minutes and he also suffered from renal failure and pneumonia. The conflict brought both sides to probate court in mid-March where the judge acknowledged the difference of opinion regarding Mr. Hess's marriage.  "I know that you have very different views about whether this is on one hand, a recent marriage of an elderly person to his caregiver and the vulnerability that that can present and the possibility of financial abuse versus, on the other hand, a person who is engaging in his right in his older years to find love and get married," said Judge Julia Kelety. The petition is to remove Don Hess from the new trust made late last year. Hess's children claimed he was not competent at the time.  The petition said the new trust "largely disinherits his natural children... in favor of Nicky."  "The document was done in December so we have issues about its validity," said attorney Todd Stevens. However, the attorney present for Don's side said that is not the case.  "It appears to be a validly, executed trust by Mr. Hess," said attorney Lisa Frisella. Frisella said in court Mr. Hess went to a lawyer on his own and amended the trust.  Team 10 visited the Hess home to get Nicky Hess's side of the story.  She was home and did not want to talk in person. However, less than an hour later, Nicky called Team 10 and said over the phone: "All I need is love. I don't even think about his money. His kids did not approve our marriage."  Team 10 asked about allegations of elder and financial abuse. Nicky Hess said, "No, no way. I never elderly abuse my husband. I love him so much." In the petition response filed by Don's lawyer, it also denied any abuse and said the "children were more concerned about their inheritance than his happiness." In court, Judge Kelety temporarily "suspended" Mrs. Nicky Hess as successor trustee until another court appearance scheduled for April 5th.  It was a small victory for Dede Hess and the other Hess children, as they pray for their father's recovery. "I don't want this to happen to anybody else," Dede Hess said.  According to the National Council on Aging, elder financial abuse is likely underreported. A 2015 study found this type of abuse and fraud costs older Americans .5 billion a year.    4398

SAN DIEGO (KGTV) -- Wells Fargo Bank officials are offering a ,000 reward for the arrest and conviction of the person responsible for robbing three San Diego-area banks.The string of robberies started September 11 at the Wells Fargo Bank, located at 5522 Balboa Avenue in Clairemont, followed by a second theft October 6 at the branch located at 276 N. El Camino Real in Encinitas.In a release, FBI and the San Diego Violent Crimes Task Force officials said they believe that the same individual, described as a white male in his 50s-60s, is responsible for both robberies."In each robbery, the robber approached the teller and presented a note demanding money from the bank in a similar manner," said FBI special agent Davene Butler.Images from those robberies show the suspect wearing a hat and sunglasses. Each time, the robber was provided a sum of cash and departed the bank on foot, Butler said. 946

SAN DIEGO (KGTV) – Two women were taken to the hospital after they reportedly climbed a border wall in the Otay Mesa area and then fell from the top.Authorities said emergency crews were dispatched to an area near Britannia Boulevard and Airway Road just before 11 p.m. Tuesday in response to an injury report.Two women apparently tried to climb the border wall, but both fell dozens off feet from the top of the wall and landed in a ravine.After being rescued, the women were taken to UC San Diego Medical Center for treatment of injuries considered serious.Three other people were also rescued nearby, but it is unclear if they were taken to the hospital.No other details on the incident were released. 712

SAN DIEGO (KGTV) — Two people have been arrested for the fire that destroyed a Chase Bank during unrest in La Mesa last May.FBI San Diego said 19-year-old Alexander Jacob King and 33-year-old Ricky Bernard Cooper were arrested on Monday and charged with arson of a structure in connection with the bank fire. King was also charged with one count of looting and Cooper is facing four separate counts of looting related to various La Mesa businesses.On May 30, FBI investigators say the fire was set at the Chase Bank at 4791 Spring St., causing extensive damage to the building. Since the fire, investigators from La Mesa Police, San Diego Police, and the San Diego FBI have been piecing together evidence leading to Monday's arrests."While peaceful protest is a right protected by the U.S. Constitution and a time-honored tradition in our country, violent criminal activity, including arson and looting, will not be tolerated," the FBI said in a release announcing the arrests.Last May, demonstrators marched through the city and gathered outside of La Mesa Police Department to protest the arrest of an African American man by a white LMPD officer caught on video. The protest followed a week of demonstrations around the country stemming from the Memorial Day death of George Floyd while in police custody.Later that night, protests turned violent as rioters set several fires, and damaged and looted businesses. 1422

SAN DIEGO (KGTV) -- With just weeks to go before the first day of school, parents across California are trying to figure out the best way to ensure their kids get a quality education.For some families, that means pulling their kids from a traditional district school."We're going to be homeschooling them," said parent Sarah Farsian.The Farsians have two kids, a first- and second-grader."In the pandemic, we are really afraid of sending them back to a campus," Farsian said. "Even though they're disinfected, what if they get sick."Her family is not the only one across the state making the same decision. Along with setting up their home school, some families are looking into micro-schooling or a small school. It could have regular classroom space or operate out of someone's home, using remote curriculums."First, it's going to be just us, but we are a member of a Facebook co-op group that also has accredited tutors, accredited teachers all different grades," Farsian said.Parents' decisions on where and how to educate their children could have impacts on the schools they leave."The overwhelming majority of the money to the overwhelming majority of districts from the LCFF, Local Control Funding Formula, which comes from the state, the dollars come from the state and go to the school districts based on the number of students they've got and also the distribution, the demographics of those students," said Bob Blattner with Blattner and Associates, an education lobbying and consulting firm.In a May revision to the governor's budget, the Local Control Funding Formula took a significant hit. The proposal states, "Absent additional federal funds, the COVID-19 Recession requires a 10 percent (.5 billion) reduction to LCFF."Lawmakers pushed back and passed a budget that kept school funding at current levels. Schools will get the same amount of state funding as they did this past school year. However, billions of dollars will be deferred, and schools won't be able to get it until the next school year."If we don't get federal dollars, the final budget deal starts borrowing from the next year," Blattner said."Districts are either going to have to go into their savings, and many have enough, or they're going to have to borrow. If they can't do either, the budget does have a provision giving support for districts that can't access the borrowing tools they need."Deferrals will impact districts and public charter schools a bit differently."Everybody is going to be subject to deferrals, and what that means basically is you will be reimbursed at a later date," said Myrna Castrejón, president and CEO of the California Charter Schools Association.Castrejón said in the last recession when they saw a lot of deferrals impacting the charter school sector, many of their school networks had to file for bankruptcy or borrow at commercial interest rates."Charter schools can't levy taxes, they can't pass bonds," Castrejón said."It's creating a particularly precarious perfect storm of fiscal challenge for charter schools when you can't get reimbursed for the students that are coming. You have limited access to borrowing capital to withstand the impact of deferrals," she said.Castrejón said there is a concern for some school entities when it comes to average daily attendance.The budget made it so growing schools and schools that have seen enrollment drop still get funded at the same level."Which means that for our charter schools that are growing and for district schools also that are experiencing enrollment growth, which is about 30 percent of districts across California, we're not going to be reimbursed for those students that we're serving," she explained.Castrejón said the governor did ask lawmakers to pursue solutions to fix the issue.As for Sarah Farsian, she said her kids will go back to a physical school location when they think it's safe."This is only for right now," she said. "If they can get this under control, yes (they will go back). They need to be with their friends." 4029

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