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SAN DIEGO (KGTV) -- For decades internal documents about officers' use of force were limited to just law enforcement.A new California law changed that, and now some of the most private materials are being released to the public.Documents released by the San Diego Police Department show how incidents are investigated and what type of evidence is collected before use of force cases are submitted to the San Diego County District Attorney's Office.10News asked the department to analyze a case to help the public understand how a report is created. An internal affairs captain also explains how the public getting access to internal documents is helping bridge the gap between the department and the people it serves.2016 Officer-Involved ShootingIn November 2016, Juan Carlos Fernandez shot four people, killing two in the 3800 block of Marlborough Avenue. Police shot and killed Fernandez after officers repeatedly ordered him to lay on the ground, but he refused and continued pointing the handgun at a female, according to police. A 2016 San Diego Police Department press release stated, "An officer, fearing for his life and the safety of the female, fired one round from his service weapon. The round struck the suspect, knocking him to the ground. The suspect was pronounced deceased at the scene by paramedics."The San Diego County District Attorney's Office cleared the officer in the shooting.Under a new California law, Senate Bill 1421, the investigative file and supporting audio and video documents were released to 10News through a public records act request.10News asked the department to talk about what goes into an investigative case file and how the department investigates its own after an officer-Involved shooting.Case Deconstruction"The initial examination is going to be from a criminal standpoint, and the homicide unit is going to roll out there, and they are going to start their investigation," said Internal Affairs Captain Wes Morris.Part of the homicide investigation includes an initial walkthrough at the scene.Using the documents released to Team 10, an initial audio walkthrough of the 2016 shooting identified 15 law enforcement officials, including the officer involved in the shooting, a representative from the San Diego County District Attorney's office, and a member of the Internal Affairs Department."You can get very accurate information right away, and you can start to get a feel for what actually occurred," Morris told 10News.Morris said the homicide team would speak with anyone who was at the location of the shooting, anyone who could have been at the location, and/or anyone who was close to the location and knew anyone involved.All the evidence collected goes into what's called an Officer-Involved Shooting Report.Using the 2016 case as an example, the department report totaled 612 pages. While some of the information was redacted, the report contained sub-reports including: forensic biology report, chain of custody report, firearms lab report, crime scene lab report, vehicle report, witness statement, officer interview, death in custody report, property report, DNA sample report and a report with 586 pages of photos. The San Diego Police Department also released more than 100 audio and video recordings of 911 calls, radio traffic, witness interviews, officer interviews, and body-worn camera."It's not a rubber stamp," Morris said. "There's a lot of work that goes into it. People that really do want to find the truth of what happened in these types of incidents."The report is turned over to the San Diego County District Attorney's Office.According to the DA's website, "The police agency with jurisdiction over the location of the shooting or death conducts the primary investigation of the incident. After the police agency completes their investigation, the District Attorney's Office reviews it, which it does for all officer-involved shootings and in-custody deaths in San Diego County. If the District Attorney wants additional information to supplement the investigation, a request can be made to the jurisdictional agency to obtain the information, or the District Attorney's Office can conduct the additional investigation. The District Attorney's Office does not do a separate, new investigation of the incident." The District Attorney's Office states that when a review is completed, "If the District Attorney's Office determines there is criminal liability, charges will be filed against the officer or deputy. If there is no criminal liability, a letter is written summarizing the facts, evidence, and available statements of those involved. The letter is delivered to the Chief of Police or Sheriff of the jurisdictional agency indicating the actions of the officer or deputy was legally justified. The letter is also posted on the DA's website where any member of the public can read it."If there are no criminal charges pending, internal affairs will take the criminal investigation and do their investigation. Internal Affairs "With an officer-involved shooting, the most important thing we're looking at was if that use of force was within our policy," Morris said.He explained when the case gets to internal affairs, it is assigned to a detective sergeant. The detective sergeant will review the entire case, looking at whether the lethal use of force was within the department's policy and if the officer followed the proper procedures."There are times where we will bring that officer back in again and interview them," Morris said. "We narrowly focus it to what we're looking at, but we may interview them on something that we've seen or some sort of policy and procedure concern, or it could be something outside of that particular use of force."Morris said once the detective sergeant's investigation is complete, it will be put through a review process in-house. The completed investigation will be submitted to the Community Review Board on Police Practices (CRB)."Their main task is to make sure that we haven't left any stone unturned and that we've looked at every aspect of the investigation and that our investigation is thorough, complete, and impartial," Morris said. 6178
SAN DIEGO (KGTV) - Hundreds are getting tested for coronavirus before Thanksgiving hoping to keep their family safe. Medical experts say it's not necessarily going to work.The lines were hours long in front of a Linda Vista testing site, just as long at sites around the county Sunday."There's a worrisome reason for that, people are planning to go visit their older relatives and they think they're going to be 100% safe," Dr. Davey Smith, Chief of Infectious Diseases at UC San Diego said getting tested Sunday or any day leading up to Thanksgiving could give you a false negative."If I get tested now, it doesn't mean that I'm not infected, it just means that I'm not actively shedding the virus," Smith said.According to the CDC the incubation period for the virus is 2-14 days."I thought Halloween was going to be the scary part of the year but November, December, January are just going to be really tough I think. We've got Thanksgiving coming up, then we have Christmas coming up and then New Year's and everybody is tired of being on lock down, it breaks my heart," Dr. Smith said leaning back in his chair.Data shows after each holiday this year, we've seen a spike in cases.The CDC and Dr. Smith urge everyone to gather virtually, or in small groups outside, socially distance and wash your hands often.We all know 2020 has been the year of sacrifices and Dr. Smith feels it too, "I'm really grateful for my niece who I have not met yet, because of the pandemic, I am so excited, I get pictures every day, so I'm pretty happy."All of us hopeful next year we can all be with our loved ones."If we can just get through the winter, I promise these vaccines and treatments are really going to change everything and that just means there will be more of us to celebrate next year," Dr. Smith said. 1811

SAN DIEGO (KGTV) - For his 97th birthday one of Ed Stankowski's sons asked if he'd like to visit the USS Midway. The WWII veteran was on the ship for her maiden voyage in 1945. “He shot him down initially and says no I can’t go, you know I can't do that, he says, how am I going to get around?" said Paul Stankowski, another one of Ed's sons. “By 7 o' clock the next morning he was calling my brother up and says, hey when can we go!”Surrounded by four generations, Ed traveled from Wisconsin to San Diego. He got a private tour of the ship and told stories along the way. “Ha! My first night at sea I was seasick like a dog!" remembers Ed.One of the first stops on the tour was visiting the area he once worked in. “I was a Radioman, I was teaching the new recruits the radio code, international Morse code, and the procedure that they use for communicating," said Ed. Ed says he enjoyed his time in the Navy and that being back on the ship brought back memories. “I was very happy to get on a ship like that. It was the biggest ship we had in the Navy at the time and something to be a part of.” 1105
SAN DIEGO (KGTV) - Explosions rang out Thursday and Friday at an ocean view La Jolla home where FBI agents served a search warrant. Agents were checking the house at 625 Wrelton Drive in an ongoing investigation when they came across “certain materials,” said FBI Special Agent Davene Butler. The County of San Diego Hazardous Incident Response Team (HIRT) and San Diego Fire-Rescue were contacted for help to detonate and dispose of unstable chemicals. The material could not be safely moved from the neighborhood, Butler said. RELATED: La Jolla party house scene of violent attack, mother saysShouts of ‘fire in the hole’ could be heard coming from the home as explosives experts set off controlled blasts. On Thursday, people who live near the home were evacuated for their safety, according to the FBI. On Friday, they were told to shelter in place. The bomb squad detonated Perchloric Acid in the backyard around 1 p.m."The reason we're blowing them up is, if they are handled improperly, they can blow up on their own," said Robert Wise, of the Environmental Protection Agency. Wise said the home had corrosives, flammables, and oxidizers.RELATED: Gunfire reported during party at La Jolla mansion"Pretty much the whole ABC list of chemicals," he said. Federal search warrants show a man named Alex Jvirblis owned the home. Jvirblis passed away in August. He owned a materlal science company called Curtis Technology, giving him access to the chemicals. Jvirblis had no immediate hours, but the federal search warrant reveals a nephew who may inherit the home discovered the chemicals and called police. The home sits on a knoll above Tourmaline Surf Park overlooking the Pacific Ocean. 1702
SAN DIEGO (KGTV) — Double-check your tax refund. The county may something a little extra for your wallet.The San Diego County Treasurer-Tax Collector's Office says they currently have 3,000 in unclaimed county refunds waiting to be reunited with their rightful owners.About 1,928 refunds sit on the countywide unclaimed money and unclaimed property tax refunds lists, according to the office. If the county thinks you're owed a refund, you may receive a postcard in the mail, according to San Diego County Treasurer-Tax Collector Dan McAllister.“Most of the time, we’re collecting money from San Diegans,” said McAllister. “We love summer when we can give it back and put a little extra vacation cash in people’s pockets. I feel like Robin Hood.”Over the last five years, the office says it has refunded nearly 0,000 to residents.According to the county, the smallest refund amount available is and the largest refund amount is ,333.79, owed to the heirs of Mary Stone. "In the past, sadly, most refunds were never claimed," McAllister said. "So we’re trying a new strategy to let people know about this money. For the first time, we’re mailing 2,407 postcards to people who may be owed a refund, encouraging them to file a claim through our website."Residents can also check online to see if they're eligible. If you are owed money, you have until Sept. 6 to claim it, before the refund is incorporated into the county’s general fund.To check if you have a refund available, visit sdtcc.com. 1513
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