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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
SAN DIEGO (KGTV) - The County of San Diego filed a lawsuit Wednesday against the heads of Homeland Security, Border Patrol, Customs and Border Protection, and Immigration and Customs Enforcement, calling for the reinstatement of the “Safe Release” program and reimbursement for the cost of treating a recent influx of asylum seekers. Homeland Security Secretary Kirstjen Nielsen, Acting Immigration and Customs Enforcement Director Ronald D. Vitiello, Immigrant and Customs Enforcement Executive Associate Director Matthew T. Albence, Commissioner of Customs and Border Protection Kevin K. McAleenan, and Chief of Border Patrol Carla L. Provost are named in the lawsuit. The lawsuit claims the county has been harmed as a result of what it describes as a “sudden and unlawful change” in policy, releasing asylum-seeking migrants from federal detention into the county while “denying them previously-provided assistance in reaching their final destination(s) outside the County.” RELATED: Reaction: County of San Diego sues federal agency chiefs over asylum seeker careFrom 2009 to October 2018, ICE implemented a policy described in the lawsuit as “Safe Release”, which provided asylum seekers assistance in reaching final destinations outside San Diego, attorneys say. The aid came in the form of phone calls and transportation to other areas of the U.S. ICE officials said the policy ended last fall due to limited resources to support the program, according to the suit. The lawsuit claims some 40 asylum seekers and family members were dropped off at a San Diego bus station within 24 hours after the end of Safe Release. County attorneys say since then, as many as 80 parents and young children have been released into San Diego County each day. County attorneys wrote the vast majority of asylum seekers and family members must remain in the area without sufficient means to support themselves. RELATED: Exclusive look inside San Diego shelter for migrant asylum seekersSan Diego County has provided surveillance, monitoring, and training, along with health and food safety screenings for the migrant shelter operated by the San Diego Rapid Response Network. Projected costs of the County’s assistance exceed .1 million as of Mar. 22, the county reports. County officials are calling for a judge to reinstate the Safe Release policy and rule that the change in federal government policy violated Administrative Procedure Act. The County of San Diego also wants a preliminary and permanent injunction requiring the defendants to resume providing asylum seekers and their family members assistance in reaching destinations outside the County. RELATED: County's projected costs of San Diego shelter for asylum-seekers top .3 millionThe lawsuit claims the defendants violated procedural due process, citing the Fifth Amendment that “no person may be deprived of life, liberty, or property without due process of law.” 2931
SAN DIEGO (KGTV) - The coronavirus outbreak is filling many with fear, anxiety and depression. To cope with these feelings, 10News spoke with licensed psychologist Dr. Michelle Carcel on strategies to get through the chaos."Evolutionarily we are not built for quick adaptation." Carcel said, that's why the reptilian part of our brain is freaking out. "One of my favorite sayings, it's not mine but I use it all the time, is relax nothing is in our control."READ RELATED: San Diego County libraries go digital to fight spread of coronavirusCarcel said mindfulness activities like yoga and meditation bring you into the moment and activate the parasympathetic nervous system, to calm the brain.Her first piece of advice for coping with all these changes to your daily life is to set a schedule. A schedule for you and any kids will bring back a sense of normalcy, and comfort.If you're feeling down, or isolated, find a furry friend. Adoptions and fostering is up in San Diego.RELATED: Where to get help amid coronavirus"Take time to walk your dog, play with your cat. They relieve stress quite a bit, so that's good," Carcel said smiling.Checking on a friend during this time of isolation is also important. "That is actually one of the worst times for folks who are specifically suffering from domestic violence concerns. We must take this incredibly seriously," Carcel added. She urges anyone who needs help to call the Crisis Line at 888-724-7240.Another serious issue we're facing is financial stress, many losing their job from the shut down. Carcel says while these are unprecedented times, we will endure, "here's the thing, humans are resilient. We have made it through a bunch of different, terrible things in our evolutionary process and we must remember that."She advises enjoying the time we have inside, by indulging in a book, playing a board game, or calling someone you love."Just surf the wave, we're going to make it through," she said.OPTUM has a free 24/7 helpline for anyone who needs emotional support, you can call 866-342-6892. 2060
SAN DIEGO (KGTV) - The college admissions bribery scandal has parents and students outraged at the possibility of elite access to America’s top universities that would bypass an increasingly competitive application process. The alleged bribes reflect the growing cost of ensuring students have their pick of higher education. As a teen advances through high school, the costs mount from college prep, tests, application fees, and social events associated with the milestone of graduation. For families in San Diego, where the median income for a family of four is ,400 according to the city's website, many of these options are not financially viable. Families who can afford the basic admissions costs and key senior year extras are looking at an investment of roughly ,300.10News broke down the expenses associated with college preparation through senior year to see what it takes to gain admission. COLLEGE PREP Preparing for college can start while children are in middle school and kick into high gear when students reach high school. Multiple companies offer college prep, including tutoring and full-service counseling. Prices can range from about ,000 into six figures for assistance through four years of high school. Kaplan offers a variety of options including tutoring starting at 99 and live online learning with an expert for 9 (at time of publication). The Princeton Review’s website indicates its ‘most popular’ choice for students is a course called SAT 1400+ for about ,400. Students will earn a score about 1400 in two months, the website indicates. Parents who choose to invest in these programs can look for discounts on company websites depending on the time of year. A free alternative is Khan Academy, a nonprofit which offers videos, study drills, and a personalized learning dashboard across a variety of subjects. TESTINGThe testing process opens sophomore year when students are allowed to take the PSAT. There are two different tests in spring and fall which cost students if the schools don’t pay. The test is used by the National Merit Scholarship program to find eligible students. Those who earn high scores receive recognition on college applications and possibly, scholarships. High school seniors are usually required to complete the SAT to be considered for admission to college. Each test costs .50, and the test with the essay is .50. Fee waivers are available for low-income students. There is no limit to the number of times seniors can take the test, but only the most recent six scores stay on file. High scores are a top priority for college admissions counselors. The ACT, which many universities do not require, has a fee of .50 with the Writing section and .50 without Writing. APPLICATION FEESA senior who wants a wide range of options for universities may wish to apply to multiple schools, which means more application fees and a more significant financial burden on families. Although many universities offer fee waivers, they are usually limited to low-income students. The University of California had an application fee of per campus for the 2018-2019 school year, making the popular choices of UC San Diego, Berkeley, UCLA, and UC Santa Barbara a significant investment. California State University allows students to submit one application for its colleges, with a fee for each college. The University of San Diego also had a fee. While public universities may seem expensive, private schools may cost more. According to U.S. News and World Report, Stanford University had the highest application fee in the nation at . SENIOR YEAR COSTSBefore your student makes a decision, he or she might want to travel to campus. Day trips can be inexpensive but visiting colleges far from home can involve flights, hotel rooms, and a bigger food budget. After the admissions pour in, parents can expect to pay a retainer to secure a student’s spot at the college of their choice. That can be hundreds of dollars, in the case of SDSU. Other senior year expenses can include a cap and gown () and a yearbook (up to 0). Prom can be a financial burden with the average cost at about 0, according to Money.com. That trip to Disneyland for Grad Nite is also pricey. Tickets start at and don’t include food, transportation, hotels, and souvenirs. 4350
SAN DIEGO (KGTV) — The man wanted for a shooting outside of an unlicensed marijuana dispensary in unincorporated El Cajon has been arrested.The San Diego Sheriff's Department (SDSO) issued an arrest warrant for 18-year-old Richard Anthony Bell, of El Cajon, on Dec. 8 in connection with the shooting four days earlier in the 1600 block of N. 2nd Street.A 16-year-old was shot outside of the illegal dispensary and taken to a nearby hospital, where the victim remains and is expected to survive. Members of the U.S. Marshals Service located Bell on Friday at about 11 p.m. inside a hotel and casino on the Las Vegas Strip. He's being held on million bail for attempted murder and awaiting extradition back to San Diego County.The shooting isn't believed to be related to the dispensary and is thought to be gang-related, SDSO said. 841