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SAN DIEGO (KGTV) -- A former professional skateboarder convicted of raping and murdering a woman in Carlsbad nearly three decades ago is suitable for parole, a hearing panel at Donovan Correctional Facility determined Tuesday.The Board of Parole Hearings panel determined Mark “Gator” Rogowski is not an unreasonable risk to the community, setting him up for release despite objections from the victim’s father and the San Diego County District Attorney’s Office over a crime that stunned the region in the 1990s.“We think the decision did not take into account the grave public safety concerns posed by this inmate. We think he still poses a threat, especially to women,” said Supervising Deputy District Attorney Richard Sachs. “When someone does something as horrible as this, it shocks the conscience that they would be granted parole,” he added.A world champion skateboarder in the 1980s, Rogowski was convicted of beating Jessica Bergsten with a metal rod into semi-consciousness, raping her, wrapping her in a surfboard bag, and strangling her to death in a fit of rage that spanned three or more hours. Rogowski later buried her body in the desert.Bergsten was a friend of Rogowski's ex-girlfriend. He said he took out his rage from the break-up on Bergsten, a college student and part-time model, in a case of "misplaced revenge."“The pain never goes away,” the victim’s father Stephen Bergsten told the panel. “This inmate received a life sentence, but he imposed a death sentence upon Jessica and our family.”Commissioner Brian Roberts said the panel took several factors into consideration, including Rogowski’s remorse for the crime, lack of significant criminal history, good behavior in custody, and rehabilitation programs he has completed during his 27 years in prison.Roberts said the panel also put significant weight on a new law that gives added leniency to “youthful offenders” who commit crimes before the age of 26. The law, which took effect in 2018, is based on studies showing the impulse control architecture in the brain is not fully developed in most people until about age 25.“I’m disgusted with what I did. I think about it every day,” Rogowski told the board. “I took everything from that poor family. They have every right to be angry with me. I want to make it go away but I can’t.”The Board of Parole Hearings has 120 days to finalize the decision. After that, the case will go before the governor for review.“Unfortunately, justice wasn’t served today, but the governor will have a chance to look at this case and we hope he will,” Deputy DA Sachs said.Commissioner Roberts ordered Rogowski to live temporarily in transitional housing upon release. The 53-year-old inmate said his long term plan is to live with his brother. He said he already has a job offer to do paralegal or clerical work. 2838

SAN DIEGO (KGTV) – A catholic priest overseeing a mission in San Diego has been granted temporary relief from the state's COVID-19 restrictions on in-person worship.On Friday, ABC 10News spoke to the attorney representing Father Trevor Burfitt in his legal fight to reopen his Southern California parishes, including St. John Bosco Mission inside the Four Points Sheraton hotel off the 163 and Aero Drive.On Thursday, a Kern County judge issued a preliminary injunction protecting Father Burfitt's churches from COVID-19 restrictions but the ruling does not apply to all churches in the state.“Under the existing blueprint for a safer economy, all of [his] churches are subject or were subject to a total worship ban until the court's ruling yesterday,” said attorney Christopher Ferrara. He added, “That ruling has overturned those restrictions and the churches are now free to operate.”On Friday, San Diego County Supervisor Jim Desmond said that he supported the ruling and added in part, “I think and I always have thought that churches are essential, particularly in these times of high anxiety with having to deal with COVID.”The new ruling stems from a recent lawsuit that Father Burfitt filed against Governor Gavin Newsom and other state and local officials over lockdown measures.The judge ruled in part, "The restrictions at issue here, by effectively barring many from attending religious services, strike at the very heart of the first amendment's guarantee of religious liberty. Before allowing this to occur, we have a duty to conduct a serious examination of the need for such a drastic measure." The ruling goes on to read in part, "The free exercise of religion clause in the California constitution prohibits defendants from treating religious activities worse than comparable secular activities. California's current COVID-related restrictions do exactly that."“Right now, I would say that this decision provides guidance to the public authorities throughout the state and they should follow it,” added Ferrara.Father Burfitt is seeking a permanent injunction. The next hearing is scheduled for March.ABC 10News reached out to Gov. Newsom’s office for comment. We are waiting for a reply. 2216

SAN DIEGO (KGTV) - A car traveling in the wrong direction on Interstate 5 in the Midway area collided with another vehicle Monday morning, leading to the death of one person and injuries to two others. 209

SAN DIEGO (CNS) - Violent crime dropped in San Diego County in the first half of the year for the first time in six years, even though the region saw a spike in the number of homicides, according to a report released Tuesday by the San Diego Association of Governments.The report by SANDAG's Criminal Justice Research Division found that the mid-year number of violent crimes in the county was 5,356 in 2020, down from 5,545 last year.Mid-year violent crime totals from recent years were 5,510 in 2018; 5,421 in 2017; 5,361 in 2016; and 5,330 in 2015. The five-year increase amounted to a 4% bump in violent crime.The report found there were 52 homicides in the first half of 2020, a dramatic increase from 38 homicides measured at the halfway point last year.A month-by-month breakdown of the homicides this year showed that seven were recorded in January, three in February, 11 each in March and April, and 10 each in May and June. In 2019, January had five homicides, February had six, March and April each had six homicides, May had eight and June had seven.Among homicides in which motive could be determined, 22% were attributed to robbery -- compared to 4% last year -- and 3% were attributed to gangs -- down from 19% last year, according to the report. No homicides were attributed to domestic violence this year, while 19% of last year's homicide were considered domestic violence-related.The report also found that overall domestic violence cases reported to law enforcement in 2020 increased each month from January through March, then decreased slightly in April and May before rising 3% in June, compared to the same time in 2019."The zig-zag percentages of reports in domestic violence regionwide could be attributed to the pandemic," SANDAG director of research and program management Cynthia Burkem said. "When you factor in social distancing, including families isolating together during stressful times and with less contact with mandated reporters, it could affect an individual's willingness to report a crime to police."Reports of rape fell to 432 after reaching 539 at the midway point of 2019. Further analysis showed the biggest month-to-month changes from this year compared to last year were seen in April and May.The number of reported robberies dropped 10% -- from 1,410 in 2019 to 1,268 this year -- while the number of aggravated assaults increased 1% -- from 3,572 in 2019 to 3,604 this year.Reports of property crime totaled 24,512 in the first half of this year, down from 27,239 during the same period in 2019.In 2020, 3,624 burglaries were reported throughout the county, a 3% drop from the first half of 2019. Residential burglaries decreased 19%, but non- residential burglaries increased 9%.Property crimes includes burglary, larceny and motor vehicle theft. Violent crimes include, homicide, rape, robbery and aggravated assault. 2877

SAN DIEGO (KGTV and ABC) - Fishermen had a close encounter with killer whales off the San Diego coast that was caught on camera. The group was on a 21-foot boat looking for yellowtail when they came across the orcas. "Out of nowhere, one of them popped up right next to the boat 3 or 4 feet away from me…landed, splashed me, and splashed the whole side of the boat. I screamed,” witness Nathan Benge told Good Morning America. One of the killer whales had a playful interaction, performing a belly roll beneath the surface of the boat’s wake, GMA reported. RELATED: Drone video captures massive group leopard sharks off La Jolla “Oh, it was incredible,” said Benge. “I've never been that close to a creature. Just huge. I mean, I could have reached out and touched it.” The orca swam near Benge’s boat for 10 minutes before it left. 840