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SAN DIEGO (KGTV) — New details are emerging about the death of a man in San Diego Sheriff’s deputies’ custody. A recently released Medical Examiner’s report says an arrestee’s death last year was a "homicide." The District Attorney's office said last year that none of the deputies involved in the in custody death will face any criminal charges. Oscar Leal died last February 28 after deputies responded to his apartment in Vista and detained him. RELATED: D.A.: Officers will not be held liable in 8 officer-involved shootings, 4 in-custody deathsThe autopsy report said the 37-year-old died from a sudden cardiac death due to chronic methamphetamine use, a physical altercation with deputies and being restrained. The Medical Examiner’s homicide classification is not a legal term, but a medical assessment. The DA's office wrote in part of a nine-page summary and statement in December last year: "... His level of methamphetamine intoxication combined with his active resistance combativeness in the duration of the struggle, all contributed to his death ... The deputies involved in his detention acted reasonably under the circumstances in bear no state criminal liability for their actions."The Sheriff Bill Gore wrote in a statement:"I am aware of the Medical Examiner's conclusion regarding the manner of death of Mr. Leal. I respectfully disagree with the classification of the manner of death in this case as a homicide.The pathologist wrote that his death was due to acute methamphetamine toxicity in the setting of agitation, physical altercation, and prone restraint. It was purely due to Mr. Leal's agitation that he was restrained. Peace officers have a duty to restrain those who are agitated and under arrest, as Mr. Leal was. Were it not for Mr. Leal's abuse of methamphetamine he would be alive today. The deputies and nurses on scene rendered immediate aid to Mr. Leal.Mr. Leal brought upon his own death with his choice to use methamphetamine. His manner of death is more accurately classified as an accident."It has not been made clear yet why the medical examiners report took 13 months to be released. 2135

SAN DIEGO (KGTV) - Padres fans who haven't been to East Village since last baseball season might be surprised by some changes.Several businesses, including the Tilted Kilt, have gone out of business.New ones have stepped up to the plate and hope to become neighborhood staples.MG Beyer Seafood by the Park opened three months ago at 317 Tenth Ave.Owner Jorge Fuentes has successfully run the business out of a food truck for 14 years. The location on Tenth Ave. is their first storefront. Among customer favorites are the award-winning tacos and fresh ceviche.Portioned is another new business. Located at 910 J Street, the business specializes in healthy meal prep. They also plan to have a late night lounge serving organic wines, Boochcraft, and local beers. 769

SAN DIEGO (KGTV) - Nearly four thousand kids in San Diego County have tested positive for lead poisoning over the past decade, and more than 130,000 have missed crucial tests, according to a new report from the California State Auditor.State law requires all 1-and-2 year old children on Medi-Cal to get lead testing. The auditor's office says that's not happening.According to the study, 61% of the tests that should have happened since 2009 were missed. In San Diego, that number is 59%. Specifically, kids in San Diego missed 130,657 of the 220,782 tests that should have been administered.Meanwhile, 44,418 kids across the state tested positive for elevated lead levels. In San Diego, 3,395 tested positive.Local doctors say it's problematic because lead poisoning is nearly impossible to detect without proper testing."Unless you screen kids, they are almost always asymptomatic," says Dr. Kenneth Morris, the Medical Director of the Children's Primary Care Medical Group. "You have no idea until you do the routine screening."Dr. Morris says infants are especially prone to ingesting lead, which can cause developmental problems throughout life."They're crawling on the floors, and they're putting their hands in their mouth. It's just that much easier for the lead to get into their system," he says.Morris says access is a problem for many families on Medi-Cal. They go to their doctor's office for routine check-ups and appointments, but can't get to the follow up lab visits for testing."If you have to refer a child out to a laboratory, it becomes that much more challenging. Because then it falls on the family to be able to get to a lab or hospital to get their blood drawn and get the test completed," he says. "That can be a real challenge for under-served families. To get to us, they have to get a friend to drive them or take the bus."Morris says many offices are now getting basic testing abilities, but as long as families have to go to multiple locations, this will remain an issue.See the full report from the State Auditor's Office here. 2069

SAN DIEGO (KGTV) -- Rain created slick streets Wednesday afternoon, slowing traffic to a standstill in some areas and causing crashes in others. Video captured by 10News shows children and an adult climbing out of a vehicle on northbound Interstate 15 near Interstate 8 after their SUV overturned. Good Samaritans and a California Highway Patrol motorcycle officer helped rescue two boys and a man from the vehicle. CHP cautioned drivers to slow down and pay attention as rain continued to drench the county. GET YOUR FULL FORECASTGood samaritans and a CHP Motorcycle Officer help rescue two boys and a man from an overturned SUV on the rain slicked Northbound 15 just past the 8. Appear to be okay. CHP says remember to slow down in thes conditions. @10News pic.twitter.com/6p9ygqiqsd— Jim Patton (@10NewsPatton) December 5, 2018 839

SAN DIEGO (KGTV) - Nearly four thousand kids in San Diego County have tested positive for lead poisoning over the past decade, and more than 130,000 have missed crucial tests, according to a new report from the California State Auditor.State law requires all 1-and-2 year old children on Medi-Cal to get lead testing. The auditor's office says that's not happening.According to the study, 61% of the tests that should have happened since 2009 were missed. In San Diego, that number is 59%. Specifically, kids in San Diego missed 130,657 of the 220,782 tests that should have been administered.Meanwhile, 44,418 kids across the state tested positive for elevated lead levels. In San Diego, 3,395 tested positive.Local doctors say it's problematic because lead poisoning is nearly impossible to detect without proper testing."Unless you screen kids, they are almost always asymptomatic," says Dr. Kenneth Morris, the Medical Director of the Children's Primary Care Medical Group. "You have no idea until you do the routine screening."Dr. Morris says infants are especially prone to ingesting lead, which can cause developmental problems throughout life."They're crawling on the floors, and they're putting their hands in their mouth. It's just that much easier for the lead to get into their system," he says.Morris says access is a problem for many families on Medi-Cal. They go to their doctor's office for routine check-ups and appointments, but can't get to the follow up lab visits for testing."If you have to refer a child out to a laboratory, it becomes that much more challenging. Because then it falls on the family to be able to get to a lab or hospital to get their blood drawn and get the test completed," he says. "That can be a real challenge for under-served families. To get to us, they have to get a friend to drive them or take the bus."Morris says many offices are now getting basic testing abilities, but as long as families have to go to multiple locations, this will remain an issue.See the full report from the State Auditor's Office here. 2069

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