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VISTA, Calif. (KGTV) -- The San Diego District Attorney is expected to decide later this week whether there should be a new trial in the case of Kellen Winslow Junior.Tuesday morning, the judge declared a mistrial after the jury said it was deadlocked on eight remaining counts. The counts include kidnapping, forcible rape and forcible oral copulation involving a hitchhiker last year in Encinitas and forcible rape and rape of an unconscious person for an alleged attack on a teenager at a party in Scripps Ranch back in 2003 when she was 17 and Winslow was 19. The other counts the jury deadlocked on are willful cruelty to an elder and battery against an elder. The prosecutor said the jurors were leaning toward conviction. "On each one of the counts, there were a majority of jurors who voted in favor of guilt. They voted 10-2 in favor of guilt on forcible sodomy of Jane Doe 2. They voted 10-2 in favor of guilt for the forcible rape of Jane Doe 4. They voted 10-2 in favor of guilt on the counts of elder abuse and elder battery regarding Jane Doe 5 and then they voted 8-4 in favor of guilt on the rape of an unconscious person for Jane Doe 4 and they voted 7-5 in favor of guilt on the kidnap for rape, forcible oral copulation and and forcible rape of Jane Doe 1," said Prosecutor Dan Owens. Defense attorneys said the deadlocked jury shows there were credibility issues among the accusers. RELATED: Winslow II found guilty of rape, lewd conduct, indecent exposure"Credibility is the issue in this case. There was no corroborating evidence whatsoever, it's just people's word," said defense attorney Brian Watkins. The case involved 12 counts and the testimony of 5 women."We were always concerned about trying the cases together. Our position was always that these cases would not be able to stand alone. We fought to keep the cases separate. We lost that battle. We took on all these cases at once and we still prevailed to the point that we did not get convicted of everything and we have more litigation to do," said Watkins. Monday afternoon, the jury convicted Winslow of raping a 58-year-old homeless woman in Encinitas last year. Jurors also found the former NFL tight end guilty of indecent exposure and lewd conduct involving two other women. He was acquitted of a second count of lewd conduct involving one of those women. Watkins said they'll appeal the three convictions. "We won't be satisfied until he's exonerated and he's back home with his family," said Watkins. RELATED: Jurors request clarifications from judge as Winslow deliberations continueWinslow is facing 9 years in prison on the convictions, but if he had been convicted of raping more than one woman he could've been sentenced to life in prison. "Right now, he's facing eight years in state prison, life time sex offender registration for the forcible rape of Jane Doe 2. He'd be facing an additional 6 months for each 1 of the misdemeanor counts of indecent exposure and lewd acts committed against Jane Does 3 and 5, for a total of potentially 9 years in prison," said Owens. Sentencing is on hold until a decision is made about a new trial. Winslow's father, Kellen Winslow Senior, a Chargers Hall of Famer attended every day of the trial, but declined to talk to the media. A hearing is scheduled for 10 a.m. Friday on setting a new trial. "Ten jurors did feel very strongly that he had committed forcible sexual offenses against more than one victim, that would lead to a lifetime prison term and that will be another factor we will consider very strongly in determining how to proceed with the case," said Owens. 3618

VISTA (CNS) - A fire badly damaged a home in a Vista neighborhood early Saturday morning, a fire official said.The fire broke out around 6 a.m. at a house on Lado de Loma Drive near Phillips Street, according to Vista Deputy Fire Chief Ned Vander Pol. The neighborhood is near the Civic Center Drive exit off state Route 78.Firefighters from the Vista, San Marcos and Oceanside fire departments arrived and found smoke and flames coming out several openings in the home, including a skylight and windows on two sides of the house, Vander Pol said. The four residents -- two adults and two children -- had already evacuated by the time firefighters got to the home.It took crews about 30 minutes to knock the flames down, according to Vander Pol. The cause of the fire was under investigation and value of the damage wasn't immediately able to be determined, but the deputy fire chief said there was significant smoke and fire damage throughout the home.Vander Pol said the home didn't have working smoke detectors, but the residents told firefighters they had often practiced an escape plan -- which turned out to be useful when the fire broke out.The American Red Cross assisted the four displaced residents with temporary shelter, Vander Pol said 1256

WASHINGTON (AP) — A statue of Confederate Gen. Robert E. Lee that represented Virginia in the U.S. Capitol has been removed.Virginia Gov. Ralph Northam said in a statement that workers removed the statue from the National Statuary Hall Collection early Monday.“The Confederacy is a symbol of Virginia’s racist and divisive history, and it is past time we tell our story with images of perseverance, diversity, and inclusion,” said Northam.Each state is entitled to display two statues in the collection. Lee’s statue had stood with George Washington’s statue since 1909 as Virginia’s representatives in the Capitol.The Lee statue had been one among 13 located in the Crypt of the Capitol, representing the 13 original colonies.Northam had requested its removal and a state commission has recommended replacing Lee’s statue with a likeness of Barbara Johns.Johns was an American civil rights leader who protested poor conditions at her all-Black high school in the town of Farmville in 1951. Her court case became part of a landmark U.S. Supreme Court decision that struck down racial segregation in public schools.Virginia’s General Assembly must approve the replacement before a sculptor can be commissioned for the new statue. If approved, Johns would stand alongside Washington, and would be the only teenager represented in the collection.“I look forward to seeing a trailblazing young woman of color represent Virginia in the U.S. Capitol, where visitors will learn about Barbara Johns’ contributions to America and be empowered to create positive change in their communities just like she did,” said the governor.U.S. Sen. Tim Kaine of Virginia tweeted out a video of the Lee statue being taken down. 4:02 am. 12/21/20. Crypt of the US Capitol. pic.twitter.com/2ttGecsj5B— Tim Kaine (@timkaine) December 21, 2020 1827

VISTA, Calif. (KGTV) - For the third time in recent months, a local Boy Scout troop is coping with a heartbreaking theft.As they were getting ready to leave on a camping trip Friday, Boy Scout Troop 722 in Vista realized their camping trailer was gone.Without a trailer, future trips are now in jeopardy.The trailer was parked in the St. Francis of Assisi Catholic Church parking lot when someone broke the padlock and stole the trailer. Because the troop has dealt with vandalism in the past, all their gear is kept in a shipping container. The trailer has a unique bolt on its door, which was put in to prevent people from breaking in.Replacing the trailer will cost the troop ,000.Community members can donate on a Go Fund Me page set up for the troop. If you spot the trailer, contact the Vista Sheriff's Department.In September, a Chula Vista Troop's trailer was stolen, as well as one earlier this month one in University City. Investigators are not sure whether any of the cases are related. 1013

VISTA, Calif. (KGTV) - The former NFL player accused of raping a 17-year-old girl while she was unconscious has been bound over for trial. The preliminary hearing is over a 2003 incident in which Winslow Jr. is accused of raping the teen while she was unconscious.Winslow Jr. was 19 years old at the time of the alleged incident, prosecutors said. He pleaded not guilty in the case.RELATED: Kellen Winslow II, the former NFL player accused of rape, kidnapping, ordered to stand trialIn July, the 34-year-old Winslow Jr. was ordered to stand trial in a separate case in which he is accused in the rape and kidnapping of two women -- a 59-year-old and a 54-year-old -- in Encinitas.The son for former Chargers legend Kellen Winslow pleaded not guilty in that case.Winslow Jr. faces life in prison if convicted in the case. 833