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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) - NOAA's Climate Prediction Center released the updated outlook for winter 2020-2021 expectations, and the report shows the increased confidence for a moderate La Nina winter.National Weather Service Meteorologist Alex Tardy said La Nina winters mean cold water along the equator, which are already present in October. These cold waters can have a domino impact on the globe, including warmer waters in the Atlantic and ultimately a higher risk of hurricanes, and also a more northern jet stream over the west coast, keeping moisture isolated more north and leading to dry conditions in Southern California.This dry winter coupled with San Diego’s recent weather history could be a recipe for disaster. The last two winters have been wet in San Diego, with most areas in San Diego County getting 1.5 times their usual rainfall during the most recent winter. This increased moisture helped vegetation grow, then the summer of 2020 brought record-breaking heat, drying that vegetation out. That, coupled with a lack of monsoon moisture in 2020, means there is dry vegetation that could be fuel for fires.“Any type of fire is going to be a problem in Southern California because the conditions are so dry,” said Tardy.He added that a new water year just began Oct. 1, 2020, so while the last water year had impressive rain totals, a new year has started.“So regardless of what happened last winter, we kind of reset now. Now we’re in a whole new year and unfortunately, things are looking very stressed as far as fire conditions,” said Tardy.He said rain is not out of the question for a La Nina year, but it will be more variable. Winter is the best time for Southern California to accumulate rain, and with the decreased chances of rain, Southern California could move into drought conditions by the end of the winter. 1850

San Diego (KGTV)- Parents at several San Diego County high schools have been notified that students could have been exposed to Pertussis, also known as whooping cough. Carlsbad High School confirmed two cases last week. Monday, parents at Mt. Carmel High School were notified that students at that school may have been exposed to the infection, though it wasn't clear how many confirmed cases there have been at the school. “This is probably the most contagious bacterial disease,” says Eric McDonald, with the county’s Health and Human Services Department. “For every one person who has it, when they expose people who have not had or been immunized, they can infect up to 16 or 17 other people.”McDonald says symptoms of a typical cold are a runny nose, low-grade fever, and a cough. For someone who may have pertussis “its the persistence of the cough that should be the number one clue.”So far this year, in San Diego County, there have been over 70 confirmed cases of pertussis. “The number of cases in San Diego are higher than most of California, particularly for infants under the age of four months.”If your child has a cough that lasts almost two weeks, they should be treated by a doctor. McDonald recommends everyone get the DTaP shot to lower the risk of getting pertussis, especially pregnant women in their third trimester. 1347

SAN DIEGO (KGTV)-- Beginning Thursday, wearing masks has become a state mandate. A new study out of the University of California, San Diego, suggests the best way to curb the spread of coronavirus is by wearing a mask.In a UCSD campus-released article titled "To wear a mask or not, is not the question; Research indicates it's the answer," Chemistry Nobel Laureate and UCSD Professor Mario Molina shows the data does not lie."Let's work with the scientists," Molina said. "Let's work together with society!"RELATED: San Diego County exceeds community outbreak trigger, forcing pause on future reopeningsHe and a team of scientists at CALTECH and Texas A&M looked at the world's three COVID-19 epicenters: Wuhan, Italy, and New York City. They studied each area's attempts to mitigate the spread of COVID-19, including shelter in place, social distancing, and wearing facial coverings.Their study showed, in Wuhan, where mask-wearing is part of the culture, the spread was relatively slow. But in Italy, even after the lockdown, positive cases continued to climb. Additionally, despite the stay-at-home order in New York City, numbers continued to rise.A pivotal point of the study was when they looked at the numbers in Italy and New York after their respective mask mandates went into effect on April 6, 2020, and April 17, 2020. It was only then that the spread of viral air particles slowed drastically.RELATED: California requiring face coverings for most indoor areas"It changes. It's no longer straight. It goes downwards," Professor Molina said, referring to the curve on the bar graph.The professor reminds people that this does not mean to ignore all the other health measures."We are not saying using masks is the only thing that matters, no," Professor Molina said. "What we have in the paper is, everything is added to social distancing and to quarantine."RELATED: Mayor releases outdoor dining proposal in Little ItalyProfessor Molina says California's new facemask mandate is similar to government regulations on air pollution but on a much personal scale. In this case, you are the car, and COVID-19 is pollution. He says he is hopeful that with the mandate, the numbers in California will decline."We tell people, 'Hey, it's a good idea to wear face masks. You protect your family, and you protect yourself!'" Molina said.Molina says a secondary research paper analyzing mask mandates in different states will be published in the coming weeks. 2472

SAN FRANCISCO (AP) — A California state appeals court has thrown out the sole conviction against an immigrant who fatally shot a woman on the San Francisco waterfront in 2015.The 1st District Court of Appeal on Friday overturned a gun conviction against Jose Inez Garcia-Zarate because the judge failed to instruct the jury on one of his defenses.Garcia-Zarate was acquitted of murder in the killing of Kate Steinle, who was on a pier with her father when she was shot in the back in July 2015.The case of Garcia-Zarate, who was in the country illegally and had been deported five times, touched off a fierce immigration debate.He said he unwittingly picked up the gun wrapped in a T-shirt and it fired accidentally.Garcia-Zarate is in custody and facing federal gun charges. 783