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SAN DIEGO (KGTV) - 10News is learning more about how suspected Poway shooter John Earnest got the weapon. On Thursday, investigators revealed that they believe he got his rifle from a licensed dealer.In federal documents released on Thursday, prosecutors report, “The firearm was manufactured by Smith & Wesson in Princeton, Illinois and shipped to Springfield, Massachusetts where it was assembled. The firearm was ultimately transferred, via Fort Worth, Texas, to a Federal Firearm Licensed (FFL) Dealer in San Diego, California, which sold the firearm to Earnest. Earnest picked up the rifle on April 26, 2019.”That was the day before the shooting.In a press conference on Thursday, Southern District of California U.S. Attorney Shane Harrigan told reporters, “I can say that there is no allegation that the defendant violated federal law when he acquired the rifle that he used in the violent attack on the synagogue.”Questions still remain as to whether state law was violated. Earnest is only 19 years-old.California law requires that adults be over 21 years-old before they can buy a firearm, unless they have a hunting license, are current or former military, or are in law enforcement.Prosecutors wouldn't comment on whether Earnest had a hunting license. “That allegation isn't in the complaint but please understand that as the criminal process moves forward, more information may be available to the public,” added Harrigan.District Attorney Summer Stephan originally said that the rifle had been obtained legally, but when pressed on Wednesday by 10News, she didn't provide a clear answer. “I don't want to [comment any further] because it's a pending case,” she said.At Thursday’s press conference, a reporter asked the federal prosecution about when Earnest purchased his 60 rounds of ammunition. Harrigan replied, “We’re limited to the allegations in the complaint. I hope you understand. I think more information may be forthcoming.” 1962
SAN DIEGO (KGTV) — A 74-year-old woman was pinned between a U-Haul van and a retaining wall after chasing after the runaway van in Valencia Park.After exiting the van Saturday at about 7:30 a.m., the woman failed to set the parking brake, San Diego Police said. As the van started rolling northbound on Valencia Parkway, the woman gave chase.She was re-entering the vehicle when it veered to the left, struck a fire hydrant, a retaining wall, and another vehicle, police say, pinning the woman between the van and the wall.The woman suffered non life-threatening injuries, including a fractured pelvis.SDPD Traffic Officers were investigating the incident Saturday. 673
SAN DIEGO (CNS) - The wife of an active-duty Marine stationed at Camp Pendleton is due in court Thursday on charges of sexually abusing a 15-year-old foreign exchange student who was living with her family on the base.Nicole Marie Wilson, 22, is accused of engaging in sex acts with the unidentified teen on Sept. 20 against his wishes, according to court documents.A detention hearing is scheduled Thursday morning for Wilson, who pleaded not guilty Tuesday to a single count of sexual abuse of a minor in San Diego federal court.Court documents allege Wilson sat next to the boy on the living room couch and asked him to promise that he wouldn't tell her husband, no matter "whatever happens tonight."After their initial encounter made him uncomfortable, the boy told investigators he went to sleep and awoke to Wilson touching him, then performing oral sex on him. She asked him twice whether she should continue, and one time he said, "No," yet she continued anyway, then later had sexual intercourse with him, according to the criminal complaint.She later "apologized" to him "and acknowledged" that it was not consensual, the documents allege.Wilson allegedly told Naval Criminal Investigative Service investigators she had been drinking on Sept. 20 and "blacked out" while watching television with the boy, but denied anything sexual occurred. But a search of her cell phone revealed WhatsApp messages between herself and the teen that confirmed the sexual encounter, court documents allege.It was not clear how long the teen had been living with the family, nor what country he traveled from as part of the foreign exchange program. 1648
SAN DIEGO (KGTV) — A 42-year-old man was arrested and charged with sexually assaulting a woman in her Talmadge apartment before stealing her car.Friday, San Diego Police arrested Leonard Derrick was arrested and charged with burglary and sexual assault.On March 22, the victim ran to a neighbor's home and reported she had been sexually assaulted. RELATED: San Diego police search for two people in Talmadge sexual assault caseShe told police she woke up to two people in her room at about 5:30 a.m. After the pair assaulted her, the fled from her apartment with her car.The victim's car was later found and short time later.Derrick is being held on million bail and due in court April 3. 699
SAN DIEGO (KGTV) -- A former professional skateboarder convicted of raping and murdering a woman in Carlsbad nearly three decades ago is suitable for parole, a hearing panel at Donovan Correctional Facility determined Tuesday.The Board of Parole Hearings panel determined Mark “Gator” Rogowski is not an unreasonable risk to the community, setting him up for release despite objections from the victim’s father and the San Diego County District Attorney’s Office over a crime that stunned the region in the 1990s.“We think the decision did not take into account the grave public safety concerns posed by this inmate. We think he still poses a threat, especially to women,” said Supervising Deputy District Attorney Richard Sachs. “When someone does something as horrible as this, it shocks the conscience that they would be granted parole,” he added.A world champion skateboarder in the 1980s, Rogowski was convicted of beating Jessica Bergsten with a metal rod into semi-consciousness, raping her, wrapping her in a surfboard bag, and strangling her to death in a fit of rage that spanned three or more hours. Rogowski later buried her body in the desert.Bergsten was a friend of Rogowski's ex-girlfriend. He said he took out his rage from the break-up on Bergsten, a college student and part-time model, in a case of "misplaced revenge."“The pain never goes away,” the victim’s father Stephen Bergsten told the panel. “This inmate received a life sentence, but he imposed a death sentence upon Jessica and our family.”Commissioner Brian Roberts said the panel took several factors into consideration, including Rogowski’s remorse for the crime, lack of significant criminal history, good behavior in custody, and rehabilitation programs he has completed during his 27 years in prison.Roberts said the panel also put significant weight on a new law that gives added leniency to “youthful offenders” who commit crimes before the age of 26. The law, which took effect in 2018, is based on studies showing the impulse control architecture in the brain is not fully developed in most people until about age 25.“I’m disgusted with what I did. I think about it every day,” Rogowski told the board. “I took everything from that poor family. They have every right to be angry with me. I want to make it go away but I can’t.”The Board of Parole Hearings has 120 days to finalize the decision. After that, the case will go before the governor for review.“Unfortunately, justice wasn’t served today, but the governor will have a chance to look at this case and we hope he will,” Deputy DA Sachs said.Commissioner Roberts ordered Rogowski to live temporarily in transitional housing upon release. The 53-year-old inmate said his long term plan is to live with his brother. He said he already has a job offer to do paralegal or clerical work. 2838