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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 COUNTY (KGTV)-- As restrictions on businesses ease up, five local DMV offices will reopen on Thursday.Seventy-one California DMV offices across the state will be open Thursday. In San Diego County, there will be seven reopened offices.Opened May 8, 2020:San MarcosSan Diego - NormalOpening May 28, 2020:San Diego - ClairemontChula VistaPowayEl CajonSan YsidroSince it's temporary closures on March 27, 2020, the DMV has encouraged the use of its expanded Virtual office, DMV kiosks inside supermarkets, and using partners like AAA.Starting Thursday, the DMV's newly reopened offices are only serving customers wearing masks, with appointments for things like vehicle inspections and new drivers licenses and ID's. Same-day appointments will only be made for people with critical transactions such as knowledge and vision tests and disabled parking placards.To honor social distancing guidelines, all behind the wheel tests have been canceled. No new drive test appointments will be available.But one 10News viewer told us that right after the announcement of the reopenings this week, parents rushed to the DMV website. Some were able to book a behind-the-wheel test as early as June 1 for their teens. But minutes later, when she tried to log on for her daughter, who's appointment this month was canceled, it was too late. The site had crashed."I think being able to drive is a life skill and one that these kids that have already lost so much deserve to be able to acquire! How old will they be when they can drive without mom?" the viewer said.In response to our inquiry, DMV Media Relations told 10News: 1626

SAN DIEGO, Calif. (KGTV) - A new California law could let convicted killers out of prison, and San Diego County's district attorney said her office will fight it on a case-by-case basis.Senate Bill 1437 passed the state Legislature last year and went into effect on January 1. It narrows the definition of murder so that only people who are involved in a killing can be charged with that crime.Before the law, accomplices in a killing could also have been charged with murder."It may let murderers go free, because of how far it goes," said San Diego County District Attorney Summer Stephan.Stephan said her office will challenge some re-sentencing hearings based on the new law, although she said they don't know how many there will be.One possible case involves Kurese Bell, who He as convicted of murder in 2016 for his role in the robbery of a North Park marijuana dispensary.During the robbery, Bell and another man, Marlon Thomas, got into a shootout with a security guard at the dispensary. The guard shot and killed Thomas.The DA's office argued that Bell should face murder charges because his actions in the robbery led to the shootout and, ultimately, Thomas' death.Bell is currently serving a 65-year-to-life sentence.Stephan said criminals need to be held accountable for the crimes they commit and cause."It's really important that each offender is held culpable at the right level," she said. "That's what justice is about."Supporters of the new law say it is a vital part of California's efforts at criminal justice reform. They say the old law unfairly targeted young minorities.On its website, the group Restore California says the new law makes sentencing in California more "equitable." They also say it gives accomplices an incentive to cooperate with investigators."In a co-defendant felony murder case, co-defendants who were not the actual killers, who did not aid and abet the killing, or who did not act with reckless indifference to human life will now have an incentive to talk and tell the truth about what happened," the website reads. 2073

SAN DIEGO (KGTV)- For the first time in decades, NASA is moving closer to sending people to the moon, or even Mars. Naval Base San Diego is playing a key role in that process.This week the USS John P. Murtha left Naval Base San Diego to test recovery efforts of NASA’s mock Orion capsule.“We’re going to ensure that once it comes down, once it hits that water, that everything from then on is totally safe,” says Retired Navy Pilot and President of the San Diego Air & Space Museum Jim Kidrick.The amphibious ship sends a crew into the Pacific Ocean, then uses smaller boats to guide the capsule back to the USS Murtha.The Orion has an environmental control system, a heat shield that can withstand 4,000 degrees Fahrenheit, radiation control and parachutes. NASA says the first recovery test aboard the USS Murtha was a success.“By the time they put people in that capsule its going to work flawlessly.” Naval Base San Diego will be removing the Orion test model from the USS Murtha and putting in on display tomorrow.10News will be there to give you a personal look at the capsule. 1095

San Diego Pride festivities will be bright and sunny, although patchy fog can't be ruled out in the morning. Temperatures will be right around 70 degrees for the kickoff of the parade at 10am and climb to near 80 by the afternoon both Saturday and Sunday.Monday will remain hot away from the coast with temperatures finally starting to drop on Tuesday as the sea-breeze strengthens. Things turn much more comfortable by Wednesday and Thursday; as cooler air filters in and temperatures drop just below normal.Watch the forecast in the player above for more. 566