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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 new report shows that the San Diego Unified School District in 2017 saw significant grade-level gains in reading and math scores.The program, called the National Assessment of Education Progress, or NAEP, shows that San Diego is the only large urban district in the nation to see significant test score increases in fourth-grade reading and math.San Diego Unified also performed significantly higher than public schools in large cities in both fourth and eighth-grade math and reading.The 2017 results mitigate a significant score drop in fourth-grade math in 2015, which the district says is due to the implementation of Common Core.The district said Tuesday that long-term data shows a generally upward trend overall.“San Diego Unified stands out as a hub of academic excellence and innovation, where students learn and thrive thanks to the dedication of our teachers,” said Superintendent Cindy Marten. “The NAEP results underscore the incredible teaching and learning that’s occurring in San Diego Unified schools every day.” 1064

SAN DIEGO (KGTV) — A new grant for City Heights businesses in San Diego is aimed at helping small businesses get back on their feet after pandemic impacts.The City Heights Business Relief Fund has so far grown to 0,000 and that money will go to businesses in the area. Each business can get up to ,000. To be eligible, the business must be located within City Heights. The priority is on businesses owned by women and/or minorities that are already established in the community who have not received other relief funds. Home-based businesses or franchises are not eligible.RELATED: New fund to help Black-owned businesses in San Diego survive COVID-19The link to apply for grant money can be found here. The deadline to apply is June 24.LISC San Diego Program Officer Avital Aboody said the idea started a few months ago when local leaders realized the neighborhood businesses were struggling. She said as of Thursday afternoon, they’ve received 60 applications. Of those 60, 52 are minority-owned and half are female-owned, showing the need for this demographic. She also said half of those applicants have not received any relief yet, which she said can be because of language barriers and extensive applications.Some of the money has come from donations from Price Philanthropies and U.S. Banks.Addis Ethiopian Restaurant, located at 3643 El Cajon Blvd., is one of the businesses hoping for help. The owners say they’ve had days during the pandemic where no customers have bought food. 1503

SAN DIEGO (KGTV) — A Point Loma woman says while her family was sleeping, someone was in her home stealing from them.Tucked away on a hill along scenic La Crescentia Drivel, the serenity was interrupted when Teresa Cesear and her husband got up around 5 a.m. Wednesday."Panic, absolutely panic," said Cesear.Cesear says her purse and laptop bag — computer inside — were not where she had placed them on her kitchen stool.Reality quickly set in. Those items didn't disappear on their own. "My entire personal and work life were in those two bags. Then came the fear and sense of violation," said Cesear.The violation happened quietly as she, her husband, and her grown son slept."The police said that they must have looked in the window. There's a nightlight in the kitchen, so they see my laptop and purse and somehow got this locked kitchen door open," said Cesear.Among the missing items were credit cards, keys and one special key: The original key to her 1973 Volkswagen Karmann Ghia."Really sad ... It's an important part of it because it's a very unique key," said Cesear.The break-in is the second burglary in her cul-de-sac in the past few months. "You feel like a little bit of innocence is gone," said Cesear.Anyone with information on the case is asked to call Crime Stoppers at 888-580-8477. 1311

SAN DIEGO (KGTV) — A piece of Hollywood has made its way to the USS Midway Museum. Thursday crews worked to move a large movie prop onto the deck of the famed vessel: A replica of the TBD Devastator that was used in the movie “Midway." “It’s the only Devastator on display in the world,” says Walt Loftus, Air Wing Director at the USS Midway Museum. “All the rest of them are at the bottom of the ocean.”RELATED: Top Gun 2 plane driven through Coronado streetsThe plane is a replica of the carriers that sailors used at war. The giant plane was a prop used in the upcoming film, starring Woody Harrelson, Luke Evans, and Nick Jonas. It's designed with “big square tubing with foam made into the shape of the devastator,” says Loftus. “But it's the actual size that the Devastator was.”"Midway" follows the story of U.S. Navy sailors and aviators who persevered through the Battle of Midway in 1942. It was only six months after Japan’s attack on Pearl Harbor. RELATED: Retired Navy SEAL directs action filmLoftus says the planes were used to bait Japanese fighters, by flying low. “It gave the rest of the aircraft a chance to come in from the top to destroy the Japanese carriers. So basically when these pilots went out, it was more of a suicide mission.”Loftus shares having this plane aboard the Midway is a chance to, “preserve what we have for future generations.” The Midway will be released in theaters Nov. 8 during Veteran’s Day weekend. 1455