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SAN DIEGO (KGTV) -- A Team 10 investigation discovered a North County deputy was found deceptive to a question on a polygraph exam before he was employed with the San Diego County Sheriff’s Department.A transcript from a separate case involving the deputy, which is currently working its way through the federal court system, revealed this new information.According to the transcript from that case, Deputy Kyle Klein denied ever being associated with a white supremacist organization during a polygraph exam. The polygraph exam report indicated he was being deceptive to that question, the court transcript said.Klein is being sued for allegedly using excessive force against a North County man.The lawsuit filed by Thomas deLeon III alleges that in December 2016 he was thrown to the ground and repeatedly punched and kicked in the area of his head, face, neck and spine."Looked like he got beat up, like a whole bunch of guys punched him in the face," said deLeon's sister Marlene deLeon.Marlene said physical injuries aside, her brother is suffering emotionally. He was not up for an interview for this story, but his sister said wanted to tell his story. She said since his 2016 encounter with deputies he struggles to leave the house."What did he do to deserve that?” she still questions. "Why did he get beat up? Why did that happen?”According to court documents, deLeon was on his bike when deputies stopped him.“Thomas slowly retrieved his identification from his wallet and handed it to deputies. At all times, Thomas was standing over his bicycle with it between his legs. He was not moving in any direction. Then, suddenly and without warning, Thomas was violently slammed to the ground, his head hitting the asphalt/concrete,” his suit states.A bystander at a nearby fast-food restaurant captured the incident on camera, but the video doesn’t begin until deLeon is already on the ground."He produced his identification, a brief conversation took place and the next thing was he was thrown to the ground,” said deLeon family attorney Brian Cline.Cline said deputies claim at some point Thomas deLeon resisted arrest and that’s why things got aggressive.DeLeon's lawsuit filed against the county, the sheriff and arresting deputies and others claims once on the ground Thomas deLeon was handcuffed, offered no resistance, and then violently beaten."If you've ever seen a professional fight at the point where they stop the fight because it’s gotten too violent, this is where it started and then they continued,” Cline said.The Sheriff's Department wouldn’t discuss the case with Team 10 saying the department can’t comment. Officials also declined a request for an on-camera interview.The county did, however, file a court document asking for the case to be dismissed. 2793

SAN DIEGO (KGTV) - A teenager was struck by a San Diego trolley near Petco Park less than an hour after the end of the Padres opening day game.The incident happened about 5:30 p.m. at 600 Park Blvd., near Market St. The location is several blocks from the ballpark and was busy due to fans leaving the game.The 19-year-old man who was hit was conscious and breathing, officials said. There was no word on the nature of any injuries or the impact on trolley service.Emergency officials did not indicate whether the teenager had attended the Padres game. 565

SAN DIEGO (KGTV) -- Allegations of battery made against a California Assembly candidate have proven to be false, according to the San Diego County Sheriff’s Department.Detectives say after interviewing several witnesses and reviewing surveillance video, allegations against Phil Graham have proven to be unfounded and the case is being closed.RELATED: State assemblyman candidate accused of batteryNiki Burgan filed the report on Sunday, May 20. Burgan alleged that the incident happened on May 14 at the First Street Bar in Encinitas. Burgan said she met Graham and that they engaged in conversation.Burgan alleged that Graham kissed her against her will and followed her outside before attempting to have her touch him in a sexual manner against her wishes.The department says it conducted a thorough investigation and disproved the allegations after being assigned to the case on May 21.10News reached out the Phil Graham and received the following statement:  1006

SAN DIEGO (KGTV) -- Advocates with the group Yes California aimed at splitting California Wednesday released a new plan that would establish the “autonomous Native American nation.”"The plan is to retrocede virtually all federally-owned properties in California back to its original occupants, the California Native Americans," part of a release reads. Earlier this year, advocates with the campaign began collecting signatures for the initiative.RELATED: 'Calexit' returns as advocates begin signature drive to succeed from U.S.The proposed initiative is the third Calexit proposal since the election of President Donald Trump. Previous efforts were all either withdrawn of failed to gather enough signatures.The latest proposal asks voters about secession in 2020. If the longshot initiative passed, a second election would be held a year later that asks voters to affirm the action. 903

SAN DIEGO (KGTV) — A Texas company has been awarded a contract to erect nearly 30 miles of fencing along California's border with Mexico.U.S. Customs and Border Protection awarded 7 million in construction contracts to Texas-based construction company SLSCO. The contracts include up to 14 miles of secondary wall and up to 15 miles of primary pedestrian replacement wall in California within the San Diego, Yuma, and El Centro Sectors.The 15-mile primary pedestrian replacement wall will include the installation of a new, 30-foot steel bollard wall: About 11 miles in Calexico, three miles in Tecate, and one mile in Andrade. According to CBP, these areas represent areas where wall replacement has been a priority. Construction for that 6 million project is slated to begin in July 2019.The secondary wall project is a 1 million contract and will include up to 14 miles of the same 30-foot steel bollard wall adjacent to San Diego's primary fence replacement project that is currently under construction. Construction of that project is projected to begin February 2019.SLSCO has already worked on border construction earlier this year, constructing new steel fencing in Border Field State Park.The two projects are a part of President Trump's "Border Security and Immigration Enforcement Improvements" executive order, which calls for a contiguous wall to be built along the southern U.S. border with Mexico, according to CBP. 1447

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