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SAN DIEGO (KGTV) -- A judge ruled Wednesday that a Navy commander will face a third trial on charges he tried to rape a junior officer in her home.John Michael Neuhart II asked the judge to dismiss all charges after a second jury was unable to reach a verdict.The judge dismissed charges of assault with intent to commit rape during burglary, burglary and resisting or delaying a peace officer.RELATED: Mistrial declared for former Navy commander accused of rapeThe judge added that prosecutors can proceed with a third trial in January on charges of attempted forcible rape and assault with intent to commit rape.Neuhart now faces six years behind bars and lifetime sex offender registration if found guilty. Neuhart had previously been facing life in prison.In the two trials combined, 21 out of 24 jurors voted to convict Neuhart. The alleged victim said Neuhart sexually assaulted her after they spent time drinking and hanging out with colleagues in 2016.RELATED: Mistrial declared in trial of former Navy commanderThe woman said Neuhart took off her pants and underwear and was physically violent with her. In cell phone video recorded by the woman, she can be heard telling Neuhart to stop as he tried to get the door open. 1238

SAN DIEGO (KGTV) - A pregnant San Diego County woman found a shocking discovery in her baby’s ultrasound picture: what appears to be a photo of her late father kissing her unborn daughter. Shantel Carrillo, who’s five and a half months pregnant with her second child, had the medical exam Monday at Sharp Grossmont Hospital. She didn’t expect the photograph to go viral. “I didn’t see it; I just posted the original picture online,” said Carrillo. Friends quickly pointed out the ultrasound image resembled a picture of Carrillo’s father Charles, who died in 2016, holding Carrillo’s oldest daughter Myree. RELATED: Wild turkeys stop traffic in North San Diego County“How crazy, right,” asked Carrillo. “Looks like there’s an angel giving your baby a kiss on the lips,” Carrillo said her friends told her. Carrillo showed the photo to her stepmother who “broke down, freaking out crying.” For Carrillo, the idea her late father would show love to her child fits his character. “My dad was obsessed with my daughter,” said Carrillo. She added her father was always loud but “he would melt” when he was around Myree. RELATED: Florida dog puts car into reverse, drives in circles for nearly an hourWhile the online opinions about what’s pictured in the ultrasound vary, Carrillo believes it’s a message. “It was kind of like validation,” she said. “This is just something he would do.” Carrillo’s daughter is due in April, the same month her father was born. 1463

San Diego (KGTV) -- A local enterprise center for at-risk teens in City Heights is doing what they can to help those struggling during the pandemic. Their weekly food distribution is serving hundreds of people.The Union of Pan Asian Communities, also known as UPAC, works with at-risk teens in the City Heights community. The organization strives to lead the teens on a successful path.“We provide all the mentorship and guidance that we can for these kids to follow the right tracks but employment is such a critical feature,” says Director Dante Dauz.In 2018, the Enterprise Center was created to help the teens gain employment and entrepreneurial skills. The center consists of the “Neighborhood Cafe,” a commercial kitchen, print shop and technology center.“They are prepared to open up their own business,” says Dauz. “They’ve been instructed from top to bottom about what licenses they need, business formation, marketing plan.”When the pandemic hit, Dauz says many people in the City Heights area were in need of food.“This community was already experiencing challenges and barriers before COVID-19 hit.”UPAC distributes 6,000 pounds of food through care boxes every Friday.“In addition to the distribution boxes our cafe also pumps out roughly 1,000 hot meals for the families.”Dauz says the teens serving the families not only get a chance to better their professional skills but also give back to the City Heights community they love.“Food for the next few days isn’t going to solve all their problems but, its definitely going to help,” says Dauz. “We take a lot of pride in being able to do that.”The organization says to ensure there is enough for everyone, they encourage people to call and reserve a donation box ahead of time. 1750

SAN DIEGO (KGTV) -- A La Jolla hardware store is being forced to remove their popcorn machine they say was used to give the buttery treat to customers for free over the last 25 years.According to a food inspection report, the Meanley and Son Hardware on the 7700 block of Girard was investigated for serving popcorn without a permit."Everybody has had fun with this until now, but we have to obey the law," said co-owner Bob Meanley.One of the store's owners says the inspection happened after someone complained.A customer reportedly saw another person reach into the popcorn machine barehanded."I’m sorry we can’t continue with the popcorn, but we’ll do it with everything else," added Meanley.In the report, the inspector said the small Gold Medal brand popcorn maker was seen in use and with “popped popcorn prepared.”The report forces the hardware store to stop making popcorn and to remove the popcorn machine from the building.If the shop wants to give away popcorn, according to the health department, they’ll have to go through the permitting process. A process which will also legally require that the store install three compartment sinks. The store says staff regularly cleaned the machine and refilled it with popcorn throughout the day for customers to enjoy.The hardware shop has an extensive history in La Jolla. The store was opened in 1948 when the niece of Ellen B. Scripps along with her husband and son established the business. 1507

SAN DIEGO (KGTV) -- A project for improving trails and restoring habitat with native vegetation at Sunset Cliffs Natural Park has some residents concerned. “They’re destroying where I grew up," resident Mike White told 10News. "They’re destroying my play ground, you know?” 286