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SAN DIEGO (KGTV) — An Oceanside family is mourning the loss of a beloved father to COVID-19.David Bustamante first started feeling sick during the first week of November."Started with a cold. Congestion, and then a cough in his chest," said his daughter Samantha Bustamante.A few days later, he drove himself to the hospital, received a COVID-19 test, and was sent home. By the time he learned he was positive, his symptoms had gotten worse."He was having trouble breathing, really raspy," Samantha said.Bustamante decided to stay at the home of a friend, who had also tested positive. On the morning of Nov. 13, Bustamante, a father of two grown children, passed away in his sleep, at the age of 64."It’s very hard knowing he’s gone, and it’s heartbreaking ... so quick, suddenly and out of the blue. Very unexpected," said Samantha.Samantha says her father loved his family and loved his work in the inspection process for a new home builder."He was resilient, hard-working, and caring with a big heart," said Samantha.During the pandemic, he kept working. She doesn't know how he contracted COVID-19, but does know he was diligent about wearing a mask."All I can say to people is to be as safe as you can in everything you do ... You just don't know what's going to happen," said Samantha.On Thanksgiving, Samantha will join some extended family is a small get-together, with one fewer place setting"He’s definitely going to be missed. I know I will be thinking of him," said a tearful Samantha.A GoFundMe campaign has been set up to help the family with expenses. 1575

SAN DIEGO (KGTV) -- An exonerated marine colonel was denied release from the Camp Pendleton brig. Colonel Dan Wilson's release was denied three months after he was exonerated for sexually assaulting a 6-year-old girl. In July, an appellate court overturned his conviction. Since then, his family has been awaiting his release. His wife spoke to 10News over the phone just moments after his release was denied. "I was shocked and I burst into tears. This man has been in for two years and 10 months," said Susan Wilson. "If they cant believe their own court of appeals then there's a problem there."His family maintains the system has been unjust from the beginning. "I just feel as though he’s getting a really bad rap by the USMC after 38 years of service and 11 deployments," said Wilson. "It's astounding to me that they pride themselves on ‘Marines take care of their own’. Well, they haven’t taken care of us whatsoever."Col. Wilson was also convicted of unauthorized leave and conduct unbecoming of an officer. He'll stay behind bars while he awaits a re-sentencing for those charges. 1100

SAN DIEGO (KGTV) -- A San Diego woman said a scammer used the military to trick her into paying for a phony apartment rental."We were looking to move during this tough time, which is kind of already more stressful than it normally would be,” said Maci, who declined to use her last name.She searched various websites and thought she found a good deal on Craigslist for a place downtown on Market Street. Through email, the supposed owner said his name was Matthew Sherman, a sergeant stationed at Naval Station Rota in Spain. He said he was looking for a long-term renter and sent Maci a link with photos and an Airbnb site that looked legitimate."Along with the presence of the military, presence of the Airbnb website, I felt safe in the process,” Maci said.She exchanged emails and text messages to get more information about the apartment. She wired ,600.“There was this sense of pressure because I was so worried that this great deal was going to disappear,” Maci said.It turns out that the listing was fake. Maci said the profile photo used by the man pretending to be Sgt. Sherman was a real soldier who passed away in an accident in 2018. “It really just sad heavy on my heart because this person's family doesn't realize his photo's being used for criminal activity,” Maci said.When Team 10 contacted “Matthew Sherman,” the response via email was similar to what Maci received. When questioned if the listing was legitimate, he stopped responding.It was an expensive lesson for Maci, but one she wants to share so others do not fall for it. "Do your due diligence, trust your instincts, [and] do your research,” Maci said. 1641

SAN DIEGO (KGTV) - An oft-deported immigrant who was charged in a DUI, hit-and-run crash that injured a young boy in the South Bay will not be tried for the third time.A judge ruled Friday to dismiss the case against 39-year-old Constantino Banda Acosta. Banda was charged with driving under the influence and fleeing the scene of a hit-and-run on Camino de la Plaza in San Ysidro on May 6, 2017.Investigators said Banda ran a stop sign and crashed his pickup truck into the Lake family’s Honda Accord, as they were heading home from Disneyland. Lennox Lake, 7, was injured in the back seat of the car, suffering serious head injuries.RELATED COVERAGE: 670

SAN DIEGO (KGTV) -- A second person has died and three children remain hospitalized after a fire tore through a Logan Heights home Sunday morning. The family’s oldest son told 10News his mother and father, who he identified as Nicolasa Mayo and Jose Romero, were killed in the fire. His two younger sisters and brother remain in the hospital following the blaze. The 26-year-old says he awoke Sunday morning to find his bed on fire. The man tells 10News he tried yelling at his family to get out of the home. "My dogs were jumping on me, trying to wake me up. I woke up. When I woke up, my bed was on fire. I jumped out of bed and started screaming the house is on fire," said Wilber Romero.The fire started around 4:30 Sunday morning on the 3100 block of Clay Street. "The minute I stepped out of my restroom, my house on the inside felt warm, like really warm. The curtain was open and I looked across the neighbors house was just bursting in flames," said Maria Orona, who lives nearby. According to the San Diego Fire-Rescue Department, firefighters had to go inside the home to pull many of the victims out. One witness who was nearby when the fire started told 10News he could see one of the victims reaching through bars in the windows, unable to escape.At least three fire engines and dozens of firefighters responded to the blaze.At this time, it’s unclear what sparked the fire, but the metro arson strike team was called to the home to investigate.A GoFundMe has been set up for the family to help cover funeral expenses. 1541