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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) - Almost a dozen gyms retained a lawyer, preparing for a fight to stay open against San Diego County's health orders.Monday Governor Gavin Newsom announced a long list of businesses needed to close down again, due to a spike in coronavirus cases.That list includes:places of worship restaurants wineries movie theatersfamily entertainment centerszoos museums cardroomsfitness centerssalonsmalls.Metroflex Gym in Oceanside has been open since May despite the health orders. Owner Lou Uridel said this renewed push to close puts them in a corner and if they close, they won't reopen."We have only one plan, that's to stay open, we don't have the option to keep closing opening, closing opening." Uridel said they've been denied a dozen times for loans."I feel like it would be a betrayal of my faith and a betrayal of my dreams to give up on that and just close down," he said.Uridel said they're a place many find comfort, "we're continuing to get a lot of new gym members, we have stopped signing up people as of today." Uridel said they had to stop to ensure their members have access to the gym with the limited capacity imposed by the county's health orders.San Diego County announced this week they were putting together strike teams to ensure businesses in the list above shut down."It definitely doesn't scare us," he said.He said the laywer they hired found a loophole where the state health order was filed by the health department, and if they are not violating any health regulations they cannot be closed down.San Diego County Public Health Officer Wilma Wooten said they were just following the state's recommendations and those businesses need to shut down to protect the community and bring down coronavirus case numbers.Uridel said they are doing everything possible to create a healthy gym environment.He said they brought in a biologist to measure their air flow with their bay doors open and about a half dozen industrial fans in place.Uridel said their air flow rated 9.1/10.He said every gym member washes their hands on the way in and out, and wipe down their equipment. He said social distancing is in place and there is more cleaning each hour.He said if the county comes after them, "all we can really do is take it in the chin, whatever they're going to throw at us. If they're going to fine us, we'll fight it in court."When asked if he was worried about his staff or members getting sick, he said "it's always a concern, but it's a concern at any business, even the ones that remain open. If you check around, a lot of cases have come out of Home Depot, and grocery stores and there hasn't been one blink to close any of those down."He says his gym is a place of healing, helping military members fight PTSD and others work through the trauma of the coronavirus.Uridel said one man who lost his wife to suicide and faced other challenges is a regular at his gym. "When he told me this is what saved his life again," Uridel said emotionally, "it just made me realize that's exactly what we have to do."He wants to keep the doors open to provide that haven during this hard time. 3129

SAN DIEGO (KGTV) -- Americans are spending more and more time commuting for every day while others aren’t commuting at all, according to a new report. The report, released Thursday by Apartment List, claims that the number of “super commuters,” people who travel more than 90 minutes to work each way, has increased by more than 31 percent since 2005. In the same time frame, the number of Americans working from home has increased by 76 percent, according to the report. RELATED: San Diegans lost dozens of hours in 2018 due to traffic congestionIn San Diego, nearly 26,000 people are considered super commuters, totaling 2.1 percent of the population. Another California city, Stockton, pulled ahead of all other metros in the U.S. with more than 11 percent of its population considered super commuters. Apartment List says the cheaper cost of living when compared to the San Francisco Bay Area is a contributing factor. While the share of super commuters in San Diego may be modest, some people have decided not to commute at all. RELATED: Circulate San Diego details how South Bay can end traffic deathsMore than 6 percent of San Diego residents, or a little more than 78,000 people, work from home, the report claims. Apartment List says creative and technical jobs lead the working from home charge. The list includes arts, design, entertainment, sports and media. Despite long commutes, there may be some good news. The report claims that those who work from home may enjoy higher earnings because they typically live in high-wage metros. RELATED: 'Skyway' could connect San Diego airport to downtown, study says 1627

SAN DIEGO (KGTV) — A suspected DUI driver overturned his car while speeding in the East Village, sending a passenger flying from the vehicle and facing life-threatening injuries.A 23-year-old man was driving a 2004 Toyota Prius "at a high rate of speed" eastbound on Market St. just before midnight Friday, according to San Diego Police. As he turned left to continue northbound on 7th Ave., he struck the curb and his Toyota overturned.A 24-year-old man sitting in the passenger's seat was ejected from the vehicle and suffered life-threatening injuries, including a crushed pelvis and internal bleeding. They were in critical condition Saturday morning, according to police.The driver suffered a laceration to his forehead, police said.Police believe alcohol was a factor in the crash. 795

SAN DIEGO (KGTV) - A San Diego police cruiser struck a man that officers were trying to arrest, police said Monday.The incident happened at around 4:15 a.m. in the 4000 block of Winona Avenue in the City Heights area.Police said officers tried to stop a man riding a bicycle without a light, but he rode away.An officer got out of his squad car without putting it in park, and the vehicle rolled and tapped the bicyclist, police said.The bicyclist was taken to the hospital for an evaluation and later released to police custody. 537