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CHICAGO — A special prosecutor in Chicago says Cook County State’s Attorney Kim Foxx and her office abused their discretion in the case against actor Jussie Smollett but did nothing criminal. In a statement on the conclusions of his investigation, special prosecutor Dan Webb sharply criticized the handling of the Smollett case by Foxx and her assistant prosecutors, saying their handling was marked by disarray and misleading statements.In his conclusion, Webb wrote that the investigation “did not develop evidence that would support any criminal charges against State’s Attorney Foxx or any individual working at (her office)” but “did develop evidence that establishes substantial abuses of discretion and operational failures”In March last year, Foxx’s office surprised and angered many in Chicago by dropping charges that accused the former “Empire” actor of staging a racist, homophobic attack against himself. Smollett is still adamant that the attack was real and wasn’t a publicity hoax.Foxx is seeking re-election in the fall. She won a primary election in March. 1083

CARLSBAD, Calif. (KGTV) - After Monday's arrest in the death of a Carlsbad woman found on a hiking trail, prosecutors must now decide whether to charge the teenage suspect as an adult.A 17-year-old teen from Carlsbad was booked on murder charges weeks after Lisa Thorborg, 68, was found stabbed to death along Hosp Grove Trail.Investigators tell ABC 10News police work led them to the teenager, before DNA evidence confirmed their suspicions. Former District Attorney turned criminal defense attorney Paul Pfingst says prosecutors must now decide whether the accused should be tried as an adult."An adult for a first-degree murder case can receive a 25 years-to-life sentence. A juvenile can only be kept until the age of 25," said Pfingst.A decade ago, Pfingst represented Heather D'Aoust. At the age of 14, she killed her mother with a claw hammer. D'Aoust was charged as an adult, pleaded guilty and was sentenced to 16 years to life.Pfingst says unlike in that case -- thanks to new state laws -- if prosecutors do charge the 17-year-old as an adult in the Carlsbad case, a judge will have the final say."The more dangerous that person is, they most likely they are to be charged as an adult," said Pfingst.Pfingst says the biggest factor is the crime itself."Is the act is such that it demonstrates such a wanton disregard for life and for people around them that the person needs too be confined?" said Pfingst.Pfingst says the background of the suspect will heavily scrutinized."Including whether they've been involved with gang activity, prior acts of violence, prior acts of rebellion," said Pfingst.Police in the Carlsbad case declined to say if the teen has a criminal history. Pfingst says the extensive background check is likely underway as prosecutors weigh their decision."What does the protection of community protection require? Longer incarceration or does it require juvenile attempts at rehabilitation?" said Pfingst.A detention is scheduled for Thursday in juvenile court. 2002

CARMEL, Indiana — The family of a Carmel High School student who took his own life after getting in trouble at school has filed a lawsuit against the school district.Patrick McCalley got in trouble for a Snapchat message, showing a noose around the neck of an African-American schoolmate. McCalley died by suicide after the school had him sign an affidavit over the incident without his parents being notified.His parents are now suing the Carmel-Clay School District for negligence and for violations of due process of the Fourth Amendment's ban on unreasonable searches. 610

CARLSBAD (KGTV) -- A slope in Carlsbad is moving, affecting a senior community on top of it. The question of who is responsible for paying to fix it has the City of Carlsbad battling with those who live in Camino Hills.“It’s been a tremendously stressful experience for everyone,” said Mike Perry, who has lived in Camino Hills since 2001. Joe Matthews has called the Camino Hills community his home for about 19 years. “We have lunch out here, sometimes dinner,” Matthews said, as he showed Team 10 the front patio area where he relaxes with his wife. “The grandkids come visit.”“It’s a really wonderful community,” Mathews added. What he did not know was something was going on beneath the surface. “It came as a real surprise,” Matthews said. According to court documents filed by the Camino Hills Homeowners Association in 2018, the City of Carlsbad noticed damage to the pavement and sidewalk right by Camino Hills Drive back in 2007. In January 2009, a geotechnical firm placed devices in the slope to track the movement. There was more slope movement detected during the El Ni?o rainstorms from 2016 and 2017.To fix the issue, it could cost anywhere from 0,000 to about million, according to Elizabeth French. French represents the Camino Hills Homeowners Association. She said the city did not fix the problem properly in the first place. “The city actually knew that there was an ancient landslide at this location and rather than make the developer make a more expensive repair, they allowed the developer to put in a subsurface buttress made of soil, but in recognition that that wasn’t the best repair,” French said. She said when this community was being built, the City of Carlsbad entered an agreement with the developer of Camino Hills. In the indemnity agreement, French said it required the developer to fix any problems for up to 10 years after the community was built. Camino Hills was built in the mid-1980s and the developer is now out of business. French said the city is now asking the residents of Camino Hills to foot the bill.“There’s nothing in this association’s government documents alerting any of the prospective purchasers that there’s this enormous liability out there, that they could be tasked with addressing down the road and that kind of notice is required in the law,” French said.Joanne Stout’s modular home is right by Camino Hills Drive. “This is it. This is where I’m going to be until they carry me out of here,” Stout said. However, if residents are forced to pay for street repairs, she would have to sell.“I would be one of the ones that would have to leave and that would make me very sad,” Stout said.Nobody with the City of Carlsbad would agree to an on-camera interview. In a statement: 2753

CARLSBAD, Calif. (KGTV) - More than two and a half years after Team 10 first reported about a North County property management company accused of stealing money from clients, the victims are finally getting their money back.Kelley Zaun owned Carousel Properties, a Carlsbad property management company. Victims first told Team 10 in 2016, they hired her to pay fees associated with their rentals. They said she did not pay those fees. She was accused of taking roughly 0,000 from victims, according to investigators.In 2018, Zaun faced 29 felonies for embezzlement, according to Deputy District Attorney Anna Winn. Zaun entered into a plea deal and agreed to a year in custody. With the help of the DA’s office, Zaun’s former clients were able to get their money back through the Department of Real Estate’s Consumer Recovery Account. RELATED: Team 10: Police investigating Carlsbad companyStephen Lerner, the Assistant Commissioner for Legal Affairs for the department, said so far, 23 victims have been reimbursed through the account. Other victims’ payments are still processing. They have been able to reimburse 2,084.68 thus far.The Consumer Recover Account is an option for fraud victims when trying to recoup money from the person who took it from them. In order to utilize the fund, Lerner said there must be a criminal or civil court order for the defendant to pay back money he or she took. If victims cannot get refunded from the person who stole it, they can apply through the Department of Real Estate (DRE).Winn said she volunteered to be the victims’ liaison with the DRE, as the process for reimbursement is lengthy and many of the victims were elderly. One of Zaun’s victims told Team 10 he is “extremely grateful” for the DA’s office work on this case. RELATED: Carlsbad company owner faces felonies for stealing moneyVictims started receiving reimbursements within the past couple of weeks. Money for the account comes from license fees. Lerner told Team 10 there are approximately 421,000 people with a license under their department, which includes broker and salesperson’s licenses. 12 percent of the license fee paid goes to the account.Since 1964, the DRE has paid more than million to victims. Approximately 54 percent of all applications are approved.RELATED: Homeowners: Carlsbad company owes them thousandsDistrict Attorney Summer Stephan told Team 10 in a statement: “In addition to a conviction and holding this defendant accountable, we also wanted to do our best to make the victims financially whole. Working closely with the Department of Real Estate, we were able to get a significant amount of money returned to victims and it’s gratifying to see the funds collected through real estate license fees used as intended— to un-do the financial damage done by the defendant in this case.” 2838