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SAN DIEGO (KGTV) -- A big step taken in the effort to get the San Diego Police Department to stop using a specific restraining maneuver during arrests.On Tuesday, the community review board voted to recommend that the department gets rid of what police call a carotid restraint in some circumstances.  "Have you ever been choked or had the life choked out of you? I can snap back too!" The public was allowed in the meeting but was not supposed to talk. Desiree Smith couldn't help herself, because this issue is personal. "My son was choked by police at a homecoming event at the school," she said. The community review board debated whether or not San Diego police officers should be able to use the carotid restraint.Police are currently allowed to use the tactic to subdue people that they are trying to detain. Smith told 10News she does not think the restraint maneuver should be used, ever."It's inhumane," she said. "I wouldn't do it to an animal, let alone a human. They have stronger laws for animals than they do for humans."  1085

SAN DIEGO (KGTV) - A final report from the National Transportation Safety Board points to the probable cause of a 2016 crash into the Navy Pier and dock in downtown San Diego.The Adventure Hornblower collided with the seawall sending people on shore scrambling for safety.According to the August 2017 report, the probable cause is listed as “failure of the port transmission to disengage from the forward propulsion position due to the operating company’s lack of adherence to the transmission manufacturer’s recommended periodic maintenance schedule and the lack of routine maintenance and upkeep of the propulsion system’s equipment.”It also says that the lack of instrumentation to provide a positive indication of thrust direction or an alarm to indicate the propulsion control system was not responding properly to the captain's commands."it was shocking,” said passenger Susan Pendergast. “I mean it was just shocking.”Pendergast says when the vessel hit the dock she was thrown to the ground, re-injuring an already bad back.She eventually had surgery in two different places.“It’s left me certainly not with the life I once had,” she said.Following the collision, an official with Hornblower told 10News it could be related to a possible mechanical failure.A few months later court documents pointed toward an unforeseeable and unpreventable mechanical failure despite proper maintenance, the fault was caused by the neglect of others.The NTSB report disputes that finding.When talking about the collision, the report states,  “As the Adventure Hornblower approached the pier on the accident date, the port transmission failed to respond to the captain’s helm orders. Investigators believe that the fault occurred between the servo-actuator, the mechanical linkage, and the control unit, most likely due to neglected maintenance to the port transmission and control system.”In a statement, a spokesperson for the Hornblower disputes the NTSB’s findings writing, “Hornblower Cruises & Events continues with safe, daily operations, following the allision of Adventure Hornblower back in 2016. On that day, the initial response of our captain and crew to address all immediate safety concerns and ensure the well-being of all guests aboard, was exceptional. Hornblower has noted several inaccuracies in the NTSB report on this matter, and therefore disagrees with its determinations as to the probable cause of the allision.  Due to ongoing product defect litigation, Hornblower cannot comment further at this time. Hornblower, deeply appreciates the amazing loyalty of our customers and guests over the years, and we continue to work with care and diligence, every day, to deliver on that trust.” 2739

SAN DIEGO (KGTV) - A heartbroken local woman says her brother was killed in a Phoenix park while trying to 'protect his friends.'"He was infamous for making people laugh. He had a heart bigger than his being," said Amy Clark, Isaac Clark's sister. Last month, Isaac Clark, 23, moved from San Diego to Phoenix to be closer to his 4-year-old son. He had a job lined up doing event setup. Last Wednesday, Clark found himself in a park around 1 a.m. His sister Amy says he was checking on two friends, who had been evicted and were living in a car.Police say he heard a vehicle being vandalized, and headed toward the sound before realizing it was his friends' car. That is when the suspects approached Clark, sparking a fight. Clark was stabbed multiple times. He would die at the hospital."I feel like he died a hero. He tried to do the right thing. He was trying to protect his friends," said a tearful Amy Clark.Three people were arrested. Police say Maurice James, 24, and Eldon Sandoval, 18 are facing second-degree murder charges. A third person, Chantel Ben, 21, faces hindering prosecution chargers."They took my one-and-only sibling. They took my one-and-only baby brother from me," she said.An emotional vigil was held at that park a night after the incident. Clark's sister is haunted by their conversation about the violence in the world right before he left San Diego. "We were saying we just need to be more kind, more empathetic," she said.A grieving sister says that kindness was nowhere to be found In that park, early that morning."We need to get justice because he now has a 4-year-old son who has to live without him," she said.A GoFundMe campaign has been set up to help with funeral expenses and to set up a fund for his son. 1753

SAN DIEGO (KGTV) - A group of Uber and Lyft drivers hit San Diego roads Friday morning to tell everyone they passed to vote no on Proposition 22.Prop. 22 is a ballot measure that would make rideshare and delivery companies exempt from Assembly Bill 5, a new California law that classifies many "gig economy" workers as employees.AB 5 turns the 2018 state Supreme Court "Dynamex" decision into codified law. It says companies like Uber, Lyft and DoorDash have to classify their drivers as employees and not independent contractors under what's called the "ABC Test" of employment.That gives the drivers access to protections like minimum wage, unemployment insurance, time off and other protections not usually given to independent contractors.Prop. 22 would give the drivers some wage protection and health insurance subsidies, but not as much protection as AB 5."It strips us of all our rights," Lyft and Uber driver Tonje Ettesvoll said of Prop. 22. "We're talking unemployment, we're talking health benefits, we're talking sick days, family leave. If they win Proposition 22, all those things go out the window."Ettesvoll organized the car caravan, which went from the rideshare lot at San Diego International Airport to Lyft's San Diego headquarters on Morena Boulevard. About a dozen cars joined her on the road, decorated with signs and stickers urging people to vote no.At the end of the ride, Ettesvoll and other organizers gave out hand sanitizer and masks to drivers. They say Lyft and Uber don't provide those items, but still expect drivers to clean their cars between each passenger drop-off. Ettesvoll said that's another example of the companies putting profit over people.According to Ballotpedia, a website which tracks elections, Uber, Lyft, DoorDash and Postmates have spent 0 million combined to support Proposition 22, saying if it doesn't pass, they may have to shut down operations in California.Groups against Prop 22, mostly labor unions, have raised just under million.A court battle over the provisions of AB 5 has been going on all summer in San Francisco, with a judge recently granting an injunction to give the companies time to make a plan for compliance.Some drivers told ABC 10News they don't like AB 5 and plan to vote for Prop. 22. They worry the new rules would turn them into full-time employees and they'd lose some of their independence and ability to be their own boss.Ettesvoll and the drivers on Friday hope voters end the debate and force the companies' hands."They have had years to abide by the law," she said. "This isn't something new. That you have to pay your workers a minimum wage isn't new. That you have to have a certain amount of benefits for people isn't anything new. That if you're going to have independent contractors, we have to have some say in our work. That isn't new either." 2855

SAN DIEGO (KGTV) — A 91-year-old La Jolla resident is the first confirmed case of West Nile virus of the year in the county.The man was hospitalized with encephalitis in September but was confirmed Thursday to have the virus by the California Department of Public Health.He has been discharged from the hospital and is recovering, according to the county.RELATED: Community gives gift of mobility to young West Nile survivorThe man had not traveled outside of the county within the month prior to becoming ill, leading officials to believe the mosquito bite was local.Mosquitos trapped near the man's home tested negative for West Nile by the county Department of Environmental Health. Nearby residents have still been notified of the case.Last year, there were two confirmed cases of West Nile in the county, a drastic decrease from the 22 cases reported in 2016, in which two people died. So far this year, there have been 132 cases in California, including two deaths.RELATED: Mosquitoes in Santee test positive for West Nile virusMany of those infected with West Nile do not experience symptoms, the county says. About two out of 10 cases may suffer a headache, fever, nausea, fatigue, skin rash or swollen glands.The county reminds residents to protect themselves from mosquitos bites by wearing long sleeves and and pants, and using repellent when outdoors. Residents should also prevent breeding by dumping standing water and using mosquito fish if needed. 1486