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SAN DIEGO (KGTV) - The family of a YouTube star who drove his McLaren the wrong way on the 805 last year, killing a mom and her daughter, are suing the City of San Diego, County of San Diego, and the Psychiatric Emergency Response Team (PERT).The lawsuit claims the “horrific and tragic event” was entirely preventable.Eighteen-year-old Trevor Heitmann, known as McSkillet, drove his McLaren the wrong way on the freeway in August 2018, killing Aileen Pizarro and her 12-year-old daughter Aryana. The sports car collided with the family's SUV, which burst into flames.RELATED: Autopsy details mental state of McSkillet before deadly crash on Interstate 805 in San DiegoIn the lawsuit Heitmann's family claims "SDPD was warned by Plaintiff's on the day of, but before his death, that Trevor intended to drive his McLaren at a high rate of speed in the wrong direction on a public roadway, under the delusion that he (Trevor) could drive through vehicles traveling in the opposite direction without incident."Worried about their sons' dangerous intentions and fearing for his well-being, as well as the safety of others, Dr. Mary Rusher, a board-certified psychiatrist, called 911 and made a 5150 request for a psychiatric hold, the lawsuit alleges.The lawsuit claims, "Defendants' purported PERT response team conducted either or both no assessment or the wrong assessment of the mental health status of Plaintiffs' son Trevor, pursuant to and under California Welfare and Institutions Code 5150."RELATED: YouTuber's parents requested psychiatric evaluation before deadly I-805 crashIt alleges, defendants also failed and refused requests to take Heitmann into protective detention to transport him to a designated evaluation and treatment facility."As a consequence, and despite Plaintiffs' attempts to ensure their son's safety and the safety of others by blocking the driveway of their residents, Trevor later that day left his residence and drive the McLaren to the Interstate 805 Freeway where he was killed in the beforementioned collision, which also tragically took the lives of the Pizarros."A spokesman for the County of San Diego told 10News they couldn't comment.RELATED: Son remembers mother and sister after release of driver's autopsy in deadly 805 crashAs of this writing, officials with the City of San Diego and PERT have not responded to 10News requests for comment.This is the third lawsuit filed regarding the 2018 crash. Two other lawsuits were filed by family members of the mother and daughter killed in the crash. 2545

SAN DIEGO (KGTV) -- The 92-year-old San Diego man who pleaded guilty to shooting his son in the head as he slept in his father’s Old Town residence was sentenced to three years of probation. Richard Landis Peck pleaded guilty to voluntary manslaughter early in 2019. Peck had been facing a murder charge in the death of his 51-year-old son Robert. RELATED: 92-year-old man pleads guilty to manslaughter in son's shooting deathPeck’s friends say Robert was abusive to his father. Peck was arrested in mid November of 2018 after going to a neighbor’s house on the 2300 block of Juan Street to tell her he just shot his son. Peck’s attorney claimed in hearings that his client’s son was an alcoholic who was psychologically abusive toward his father. The elder Peck was described in letters to the court as a kind man and a “quiet gardener” who had never been in trouble with the law. City News Service contributed to this report. 936

SAN DIEGO (KGTV) — The county's second case of measles this year has been reported, health officials announced Tuesday.The person was fully immunized but came into contact with an 11-month-old San Diego resident who contracted the disease after a recent trip to the Philippines.The second patient may have also exposed the public to measles at two locations, the County of San Diego Health and Human Services said. Those locations are:85? Bakery Café, 3361 Rosecrans Street, on Aug. 15, 16, 17 and 18 from 6 a.m. to 4:30 p.m.Min Sok Chon Korean Restaurant, 4620 Convoy Street, on Aug. 15 from 6:30 p.m. to 2 a.m.Ralph’s, 3011 Alta View Drive, on Aug. 16 from approximately 4:30 p.m. to 7:30 p.m.Officials added the case is under investigation and more locations may be identified later.“If you were at any of the locations at the dates and times listed, you should watch for symptoms of measles and call your health care provider if you show any signs of developing the disease,” said Dean Sidelinger, County interim deputy public health officer. “Measles is a very contagious disease that can be easily spread by coughing, sneezing or being in the same room with an infected person.”Measles can develop about seven to 21 days after exposure to the disease. Early symptoms include fever, cough, runny nose, and red eyes. A distinctive red rash also appears one to four days after symptoms appear, starting on the face and head then spreads downward and outward. A person is considered contagious four days before the rash appears.Anyone with symptoms is asked to call their doctor’s office before visiting directly.Complications from measles are more common in children younger than 5 and adults 20 years and older, though the risk is higher with children. Complications include diarrhea, ear infections, and pneumonia. In severe instances, death can occur.Since there is no treatment for measles, the best course is generally bed rest, fluids, and fever-control medication. Those will other health problems may need treatment for those specific conditions as well. 2073

SAN DIEGO (KGTV) -- The firefighter who died fighting the El Dorado Fire has been identified as San Diego native Charles Morton.Morton died while fighting the San Bernardino County fire late Thursday.According to the U.S. Forest Service, Morton was born in San Diego and started his career in 2002 as a Corpsman with the California Conservation Corps at the Butte Fire Center in Magalia.RELATED: Firefighter dies while battling wildfire in Southern California sparked by gender reveal party“Charlie was a well-respected leader who was always there for his squad and his crew at the toughest times,” said U.S. Forest Service Chief Vicki Christiansen. “Our hearts go out to Charlie’s loved ones, coworkers, friends and the Big Bear Hotshots. We will keep them in our thoughts and prayers."The fire was sparked in early September by a pyrotechnic device used in a gender reveal party, the Associated Press reported. 920

SAN DIEGO (KGTV) -- The Carlsbad Police Department released body camera footage Saturday night in response to public concerns over officer misconduct during an incident involving a 27-year-old black man.The June 11 incident gained attention after cell phone video surfaced showing officers using a Taser on the man and pressing his head into the pavement in an attempt to subdue him."A video is circulating showing a police use of force incident from Thursday night. Open lines of communication between the Police Department and the community are more important now than ever," Carlsbad police said in a statement."As with all uses of force, we fully investigate incidents to ensure the officers’ conduct is consistent with the Police Department’s policies," police said.The cell phone video doesn't show the start of the incident. The witness video begins with the man on the ground surrounded by paramedics and two officers lying on top of him.The newly released six-minute body cam video starts from the moment two officers respond to the scene. According to the department's timeline of the incident, officers and paramedics responded to a call at 8:48 p.m. about a man found face down on a sidewalk at Ponto Road and Carlsbad Boulevard."Two officers arrived and found the firefighters evaluating the man, who was now standing," police said.Bodycam footage shows the man talking with paramedics, and the group appears to disperse. With the officers approaching, the paramedics step away from the man. The man tells the paramedics, "I'm not complaining about anything else."The man appears to hear something from the group of paramedics and screams out, "are you mocking me?"A paramedic tells the man, "No, I'm not mocking you at all."One officer says, "Hey, they're just here to help you, man."The man stands face to face with the paramedic telling him, "the way he said it is different from how you said it. Because I understand how the f--- you say it. But what do you mean when you say it?"According to the police timeline, "The man walked quickly toward the medics while continuing to yell profanities. Officers, fearing for the safety of the medics, interceded."The report says, "Officers reached out to the man and told him to stop."A struggle ensues and the body cameras are knocked to the ground leaving only an audio recording of the incident for about two minutes. The officers pick up the cameras and resume video recording the scene about two minutes later.The department juxtaposed three camera angles of the confrontation with the man -- two from officer body cameras, and one that was recorded by an unidentified "resident." The witness video fills in a section of lost body cam footage.Carlsbad police said the investigation is still ongoing and are asking the public who may have witnessed the incident to contact the department at their non-emergency line at 760-931-2197.The man in the video, Marcel Cox-Harshaw, 27, of San Diego, was cited and released for resisting arrest. Police also charged him with being drunk in public. Police said drugs and or alcohol played a role in the incident.10News has reached out to Cox-Harshaw for comment.CARLSBAD POLICE DEPARTMENT TIMELINE OF EVENTS:A video is circulating showing a police use of force incident from Thursday night. Open lines of communication between the Police Department and the community are more important now than ever. That’s why we are providing a detailed chronology of this incident.As with all uses of force, we fully investigate incidents to ensure the officers’ conduct is consistent with the Police Department’s policies.At 8:48 p.m. A caller reported a man face down on a sidewalk at Ponto Road and Carlsbad Boulevard.At 8:55 p.m. Carlsbad Fire Department personnel arrived at the location and began their evaluation of the man.At 8:59 p.m. Two officers arrived and found the firefighters evaluating the man, who was now standing.While medics evaluated the man’s condition, the man became visually agitated and started yelling at the medics.At 8:59 p.m. The man walked quickly toward the medics while continuing to yell profanities.Officers, fearing for the safety of the medics, interceded.Officers reached out to the man and told him to stop.The man continued to yell as officers tried to handcuff the man to take him into custody.The man yelled, struggled, turned and pulled from the officers and would not comply with their instructions.At 9:02 p.m. Officers then used a taser to attempt to subdue the man.At 9:03 p.m. The officers then restrained the man by holding his body and head to the ground while placing him in handcuffs. He was not injured, but he continued to shout angrily. Officers asked him to calm down, but he refused to comply and continued shouting.At 9:03 p.m. Officers considered the man detained.A mesh bag called a spit mask was placed on the man’s head to protect the officers and paramedics from coming into contact with droplets coming from the man’s nose and mouth This bag is porous and does not restrict breathing.At this time, paramedics were able to place the man on a gurney, where he continued to yell and struggle.At 9:07 p.m. Paramedics transported the man to a local hospital where he was sedated, assessed and released.The man, 27-year-old Marcel Cox-Harshaw of San Diego, was cited and released for resisting arrest. An additional charge of drunk in public has been presented to the District Attorney's Office. The initial investigation indicates that drugs and or alcohol played a role in the incident.The investigation is still ongoing. We are asking any community members who may have witnessed the incident to call the non-emergency police number at 760-931-2197 to share their accounts.Here are some of the department’s policy that pertain to the incidentOfficers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose.When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include but are not limited to:o The apparent immediacy and severity of the threat to officers or others – Mr. Harshaw charged unarmed fire personnel while yelling profanities.o The individual’s apparent ability to understand and comply with officer commands – Mr. Harshaw would not comply with officer commands.o The conduct of the individual being confronted, as reasonably perceived by the officer. Mr. Harshaw was yelling and behaving aggressively toward fire personnel.o Proximity of weapons or dangerous improvised devices. – Officers had no way of knowing what was in Mr. Harshaw’s backpack or baggy pants.o The effects of drugs or alcohol. Mr. Harshaw appeared to be under the influence of drugs and or alcohol.o Whether the person appears to be resisting, attempting to evade arrest by flight, or is attacking the officer. Mr. Harshaw was at no time compliant.The TASER device may be used in any of the following circumstances, when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to control a person:o The subject is violent or is physically resisting. Mr. Harshaw was physically resistant and behaved aggressively toward fire personnel.o The subject has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others. – Mr. Harshaw charged fire personnel, while yelling profanities and he was not compliant with officer commands.Supervisory notification shall be made as soon as practicable following the application of force. A supervisor was immediately called to the scene and an investigation was opened. The investigation includedo Obtaining the basic facts.o Collect evidence at the sceneo Ensure that all needing medical treatment are treated. Mr. Harshaw was transported to the hospital and released. An officer also received minor injuries.o The scene was canvased for additional witnesses.o Complete a Supervisor’s Compliant Summary Report and forward it to the Professional Standards Unit.o Prepare Supervisor’s Use of Force Report 8374