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SAN DIEGO (KGTV) - The hospital patient who brutally beat a San Diego nurse faced a judge on Friday for his sentencing. 10News was in the courtroom, where the nurse described how she fought for her life while 41 year-old Geoffrey Brizzolara attacked her.“I stood in his doorway and I said, ‘How may I help you, sir?’ His response was to lift a 25-pound chair over his head and throw it at me,” nursing supervisor Mary Prehoden told the courtroom. “Mr. Brizzolara beat me with his fists. He kicked me and then scratched me and he pulled a handful of hair straight out of my head,” she went on to say.The attack happened last summer at Scripps Mercy Hospital in Hillcrest. He was a patient at the hospital and apparently has a history of mental health issues. He did not know Nurse Preholden.“His actions were deliberate and vicious. I was defenseless,” she told the courtroom.She was joined by other nurses who say that patient violence against nurses is a constant concern across the country. Nurse Trish Mcauliffe told us, “The resources have to be increased- mental health resources.” Mcauliffe described how she was once attacked by a different patient at another hospital. “I ended up with a split lip [and] loose teeth and then he stood in the doorway, laughing.”Friday, Brizzolara was sentenced to one year behind bars, with an option for early-release to a mental health treatment facility.“Every single one of us who chooses to do this for a living is under threat every day in every hospital in this country,” added Prehoden. 1542
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) — Students, friends, and family are mourning the sudden death of a beloved East County teacher.John Berray, a longtime and well-known math teacher in Grossmont Union High School District, was seriously injured when he was leaving for work on Jan. 29.For an unknown reason, he got out of his car without it being placed in "park" and became pinned between his vehicle and his wife's vehicle, the county Medical Examiner said. He was taken to a nearby hospital to be treated for an anoxic brain injury before he was pronounced dead on Feb. 12.According to a statement from Grossmont Union High School District, Berray worked at the district office as a digital learning coach. He most recently served as the district's math curriculum specialist where his passion for math led to innovations being used district wide.By all accounts, Berray was not only an exceptional educator but a husband, father, and friend.His career started in 1995 at West Hills High. He was selected by his students as the Golden Apple Award winner in 2000 and once again in 2008. His peers named him the West Hill High School teacher of the year in 2014. He went on to be named one of five 2014-15 San Diego County Teachers of the Year.After his passing, social media was filled with people living their thoughts and memories of Berray and his impact.Students, colleagues, and family will honor Berray with a memorial planned on March 14, Pi Day, at Journey Community Church in La Mesa. Those wishing to attend are asked to wear blue, Berray's favorite color. 1558
SAN DIEGO (KGTV) -- The California GOP Sunday endorsed neither of the two Republican frontrunners in the gubernatorial race. In order to earn the endorsement, one of the candidates, either Travis Allen or John Cox, had to get 60 percent of the delegates' votes. During the first vote, Cox received 55.3 percent of the vote while Allen earned 40.5 percent of the vote. A motion to change the rules of the convention was brought up by supporters of Cox, but the motion failed, leaving both candidates without the endorsement of their party. 567
SAN DIEGO (KGTV) — The downtown building at 101 Ash Street has been sitting vacant for most of the last four years and as it continues to sit empty, taxpayers are footing the ,000 per day bill.City Council leaders voted 5-4 — with Council members Vivian Moreno, Monica Montgomery, Barbara Bry, and Georgette Gómezto voting in opposition — to request monthly updates on the building's status and costs for several options presented by Mayor Kevin Faulconer's office.The mayor's options included putting millions of dollars more into the building for the needed repairs, buying out the lease, pursue a new landlord, trying to renegotiate its lease, or walking away entirely, the last of which could risk litigation and credit damage.The coronavirus pandemic has cleared out office buildings across downtown San Diego. But emptiness is business as usual for the old Sempra building at 101 Ash.In 2016, the city approved a lease-to-own agreement for the building, valued at million. The idea was to move upwards of 1,100 city employees into the facility.But officials quickly discovered a series of problems requiring major renovations to the site's 19 floors.In December 2019, the city finally began moving workers into the building, only to vacate them a month later when the county found traces of asbestos.So how did the city get into this mess? A new investigation shows it really never did its homework for such a big purchase from the start.The law firm Hugo Parker found that, "at no time, however, did the city formally inspect 101 Ash before closing escrow."In January, councilmember Barbara Bry showed ABC 10News a document that the city accepted the property as is."That is stupid to do when you are doing a long-term lease purchase on a building that was built in the 1960s," Bry said.An additional new report from Kitchell says the building needs 5 million of repairs, which is well more than what the city paid for it. 1947
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