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EL CAJON, Calif. (KGTV) - The grieving mother of an accused thief filed a lawsuit Thursday against the homeowner who shot and killed her son.The civil suit identifies the homeowner as Michael Poe, and it stems from an incident in the early morning hours of March 11. Police say the homeowner woke up to the sound of glass breaking. He went outside and found someone breaking into his work truck. He told police there was a confrontation and he shot the thief.RELATED: Confrontation between?homeowner, suspected thief ends in deadly El Cajon shootingJoseph Mercurio was man killed. His mother Monika Anderson says Joe had a drug problem but was doing his best to stay sober.“He was on Suboxone, a drug to stay sober, and someone had stolen his Suboxone,” Anderson said. “Although it's really hard for me to imagine my son at  31 years of age would just start stealing, but I think he was just desperate for drugs and in a lot of pain. I don’t think he deserved to die over that.”Police are investigating the incident and no criminal charges have been filed. Anderson’s attorney, Dan Gilleon, says that investigation should not affect their civil lawsuit.“The bottom line is Joe shouldn't have died and at a minimum its because this guy didn’t act reasonably,” Gilleon said. “This is not the Wild West. If you decide to play that gunslinger role, then you’re going to end up losing everything you own.”The lawsuit does not specify an amount.“It’s like a mother’s worst nightmare,” Anderson said in tears. “I told Joe, time and time again how much he meant to me.”10News has tried to make contact with Poe several times since the shooting happened, but have not heard back.   1715

El Cajon Police continue to search for a wanted suspect while an officer recovers from being dragged down a road by a car. The suspect has been identified as 41-year-old David Pangilinan of Guam. A journalist in Guam said as soon as the news hit on the island that Pangilinan was wanted, everyone instantly recognized the suspect.Related: El Cajon police ID suspect who dragged officer with car“His picture was there and I recognized him right away. He’s a school mate of mine back in elementary and middle school,” said Troy Torres. “Mr. Pangilinan’s family is very well known, a very nice family that has built up businesses a lot over the years, has contributed a lot to the community so his name does stand out,” he said, saying most people on the small island have heard of the family so this news has sparked attention across the island.A press release from El Cajon police said Pangilinan is the suspect in a case that started when an officer stopped to check on an SUV parked illegally and blocking traffic on Washington Avenue in El Cajon. He found a sleeping man and woman inside the car that was later determined to be a rental.The male driver of the car first tried to give false identification then started to put it into gear, so the officer tried to stop him. The officer got trapped in the car and was dragged down the road, then hit by another car. The SUV drove away and was deserted nearby, with the man and woman nowhere to be found. They are still on the loose and El Cajon police are asking for the public to report any information on their whereabouts.The officer is in critical condition as of Monday.A police officer in Guam said they’re on high alert and would know if he tried to return to the island because everyone who lands at the airport in Guam is required to go to a mandatory quarantine facility for six days. Every person is documented before they can leave, so Guam authorities would know if Pangilinan tried to return home.Anyone with information on this incident or the driver and/or passenger is urged to call El Cajon police at 619-579-3311 or San Diego Crime Stoppers at 888-580-8477. 2134

Dozens fetuses and infant remains were discovered during Detroit police raids on two metro Detroit cemeteries on Wednesday as part of the state's investigation into Perry Funeral Home.According to police, the raids were prompted by a tip that there were between 100 and 125 fetuses from Perry Funeral Home being stored at the cemetery.Officers say they discovered 27 sets of infant and fetal remains that had improper or missing paperwork from Knollwood Cemetery in Canton, Michigan and 17 from Gethsemane Cemetery in Detroit.In October, officers found 36 fetuses in cardboard boxes and 27 more in freezers from inside Perry Funeral Home in Detroit. The Michigan Department of Licensing and Regulatory Affairs revoked the funeral home's license and shut down the facility. Earlier that month, police also discovered 11 infant bodies in the ceiling of Cantrell Funeral Home, also in Detroit. 928

During a press conference on Wednesday, Democratic presidential nominee Joe Biden said that he believes the police officers who shot Jacob Blake and Breonna Taylor should be charged with crimes.Biden said that the cases should be handled within the judicial system, but said that the officers in the cases should face charges "at a minimum."Biden added that the person who shot a Trump supporter during a weekend confrontation in Portland, Oregon should also face charges.When asked by reporters how Biden would keep Americans safe in times of civil unrest, Biden said he wouldn't "incite violence" and would condemn it when occurred. He accused Trump of acting "irresponsibly" by not condemning violence amid protests."Protesting is a right and free speech is a right. But to engage in violence: Burning, looting, unrest in the name of protesting is wrong and people should be held accountable," Biden said.Biden added that he "didn't hear much" from Trump in regard to the shooting of Jacob Blake.Biden is scheduled to visit Kenosha tomorrow, where he says he will "meet with community leaders." Biden's visit will come two days after Trump visited the city — a visit that largely consisted of viewing damage caused by riots and meeting with law enforcement officials. Biden's comments came a day after Taylor's boyfriend, Kenneth Walker, filed a .5 million lawsuit against the Louisville Metro Police Department in connection with the fatal shooting that stemmed from a "no-knock warrant." 1503

Dr. Deborah Birx, the White House coronavirus response coordinator, said on Wednesday that several states should consider moving back to Phase 1 in reopening due to increased coronavirus activity.Dr. Birx pointed to Arizona, Texas, California and Florida as states that are seeing a high prevalence of the coronavirus. This comes as intensive care units in Arizona and Florida are reaching capacity.Amid her pleas to the American people, she encouraged everyone to avoid participating in indoor gatherings, and dine outside rather than inside.“I think the work that these governors have done to — and ask the American people is it’s stop going to bars, to close the bars, to move to outdoor dining, to decrease indoor — any kind of indoor gatherings again,” Dr. Birx said. “To all of the Americans out there that are in these four states and the states that have — in the report, were in the red zone — because there’s a series of other states that we have in that zone — is really asking the American people in those counties and in those states — in those states to not only use the face coverings — not going to bars, not going to indoor dining — but really not gathering in homes either and decreasing those gatherings back down to our phase one recommendation, which was 10 or less.”During Thursday’s news conference with the White House’s coronavirus task force, Vice President Mike Pence said he believes the virus could be reaching its peak in hard-hit Arizona and Florida.“We’re actually seeing early indications of a percent of positive testing flattening in Arizona and Florida and Texas,” Pence said. “Governors in each of those states have taken strong steps to flatten the curve.”But data from Johns Hopkins University suggests the positivity rate is still going up. In Florida, the seven-day average of positive COVID-19 tests is at 18.7%, compared to just 4% a month ago. The rate of positive tests in Arizona is also up to 26.8%, up from around 11% this time a month ago.Given the spread, hospital officials in both states are preparing for “surge capacity” to make more ICU beds available to handle a possible influx of patients.Nationally, the rate of positive tests have increased in recent weeks, showing that the jump in the number of confirmed COVID-19 cases is not just due to increased testing. Nearly 8% of COVID-19 tests are coming back positive, according to Johns Hopkins University data, up from 4.4% four weeks ago.Notably missing at Wednesday’s briefing was Dr. Anthony Fauci, who has vocalized concerns over US states reopening too quickly. 2581