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CARLSBAD, Calif. (KGTV) - On Thursday, police reform activists gathered outside the Carlsbad Police Department to publicly discuss their recent meeting with police over last month's controversial arrest and Taser incident with Marcel Cox-Harshaw, an African American man."We're satisfied with the fact that they met us but we're not overall satisfied until we see results," said Yusef Miller with the North County Civil Liberties Coalition.Sheila Kenny with Indivisible49 told reporters, "Citizens of North County want to express their concerns about the possibility of future incidents reoccurring if the police department does not make some changes."RELATED: Activists to demand changes within Carlsbad Police Department after controversial arrestRobert Jenkins with the North County NAACP added, "We feel in this time of heightened police brutality and racial injustices among people of color, specifically African American men, that racial bias training should be more frequent."Witness video shows officers using a Taser on Harshaw and pressing his head into the pavement. Police body cam video shows officers meeting medics who were called out to a report of a man face down on the sidewalk.Police described him as refusing their commands and being combative, so they say that they used a Taser to subdue him before sending him to the hospital.RELATED: Carlsbad police release body camera footage amid public concerns over officer misconductActivists argued that police should have done more to de-escalate the encounter.“They invited us to help look at their de-escalation policies and engagement policies to see if there are places where we can tweak,” said Miller.Activists said they're also working with the department to create public forums on police conduct and form a Citizens Review Board.After Harshaw's arrest, police reported that a number of factors were considered by officers to use force, including the threat that they said Harshaw had posed to medics.Carlsbad Police Department sent ABC 10News the following statement on Thursday: 2062

CARLSBAD (CNS) - Attorneys for the alleged victims of a former Carlsbad military boarding school headmaster whose molestation conviction was overturned last week by a state appellate panel asked the San Diego County District Attorney's Office Wednesday to appeal the ruling or retry the case against him.Jeffrey Barton, 62, was convicted in 2017 of five felony counts of forcible oral copulation and one felony count of forcible sodomy for allegedly molesting a cadet at the Army and Navy Academy beginning in 1999, when the alleged victim was 14 years old.Barton was sentenced to 48 years in state prison.A three-justice panel from the Fourth District Court of Appeal agreed with Barton's contentions that the trial judge should not have dismissed one of the jurors during the trial and reversed the conviction on Friday.RELATED: Appeals court reverses molestation conviction for former Carlsbad boarding school headAttorney John Manly, whose firm represents four alleged victims in civil suits filed against Barton and the academy, said, "We disagree with the ruling of the court of appeal. Jeffrey Barton is a serial sexual predator who is known to have sexually molested at least six boys in horrific ways. The evidence against him is overwhelming and we ask District Attorney Stephan to appeal this decision and, if necessary, retry this case in the interest of justice and public safety."So far, two of those civil suits have been settled and two are pending.A District Attorney's Office spokeswoman said, "We have contacted the victims who testified in the case and are working to provide them support. At this time, we are exploring our appellate options, which include retrial."The convictions came in Barton's second trial.In his first trial, almost two years before, a different jury deadlocked on the charges involving the alleged victim.Two other former Army and Navy Academy students testified in the first trial that they were molested by Barton, but the defendant was acquitted on all but one of the counts involving those victims.The appellate panel ruled that Barton's second trial could have concluded differently had one juror not been excused, allegedly for refusing to deliberate with her fellow panelists.The justices wrote in their ruling that the other jurors appeared to disagree with Juror No. 12, but did not provide enough of a showing that she was actively stalling deliberations.The ruling indicates the juror did not appear to find the alleged victim credible."The trial court's error in discharging Juror No. 12 warrants reversal," the panel wrote. "She was the lone holdout juror who consistently held to her belief Barton was not guilty and, had she remained on the jury, it is reasonably probable the case would have ended in a mistrial, a more favorable result for Barton than conviction."The panel wrote that Barton was convicted "within hours" of the juror being discharged. 2921

Carey Dean Moore, 60, a convicted murderer of two 47-year-old fathers in 1979, has become Nebraska's first execution by lethal injection.The execution by lethal injection — by way of a four-drug combination that's never been previously used in an execution — started at 10 a.m. Tuesday, as scheduled. He was declared dead at 10:47 a.m. Tuesday."This agency has done so with professionalism, respect for the process, and dignity for all involved," said Department of Corrections Director Scott Frakes in a press conference following the execution.The body will be remanded into the custody of the Nebraska State Patrol, he said, and an autopsy will be conducted.Ten witnesses observed Tuesday's execution: three inmate witnesses, a member of the clergy, four media witnesses, and two staff members.During the press conference, media witness Grant Schulte of the Associated Press recounted the details of Moore's final moments, as well as his final statement:"Just the statement that I hand-delivered to you already about my brother, Donny, and the innocent men on Nebraska's Death Row."Omaha World-Herald reporter Joe Duggan, another of the media witnesses, said Moore remained composed throughout the process."He certainly looked maybe slightly shaken. The gravity of what was happening to him was clear on his face and his expression," Duggan said. "But he was composed. His voice was clear when spoke. He clearly looked around the room to see who all was there, otherwise kind of kept his gaze toward the floor."The media witnesses said they were not able to see when each drug was administered during the lethal injection procedure. They said they were secluded from the other witnesses, and could not hear inside the execution chamber."There didn't appear to be any complications," said News Channel Nebraska reporter Chip Matthews, another media member selected to witness the execution.Brent Martin of Nebraska Radio Network was also a media witness to Moore's execution Tuesday. Martin, who has witnessed several other lethal-injection executions, said Moore's execution took "much longer." Duggan said it was recommended to the witnesses and those who assisted in preparing for an execution that they seek out someone they can talk to as they process what they have witnessed.Moore was sentenced to death for the 1979 shooting deaths of cabdrivers Reuel Van Ness and Maynard Helgeland in Omaha. Both men were 47-year-old fathers shot by Moore five days apart.Ahead of the execution, Moore was taken from his death-row cell at Tecumseh prison to the State Penitentiary in Lincoln and placed under a suicide watch in a medical unit there until his execution.As the execution proceeded, the prison went on modified operation status: Inmates were required to stay in assigned living spaces until the execution was over and all media and witnesses had left.Moore was escorted to the execution chamber and strapped to the table, at which point IV lines were inserted by the IV team, and a heart monitor secured.Witnesses were then escorted to their respective viewing rooms.A curtain was lifted so that witnesses could observe Moore had been prepped for lethal injection, then Frakes gave the order for execution to proceed.The warden checked for consciousness after the first round of drugs was administered before ordering subsequent substances administered. Once all four drugs had been administered, the curtain was lowered.The Lancaster County Coroner officially declared the death, out of sight of the media witnesses. Once Moore's death was confirmed, the curtain was lifted so media could view the body.Frakes and media witnesses are expected to address the media following the execution.A few family members of Moore's victims and a handful of death-penalty protestors gathered Monday morning outside the state penitentiary in Lincoln.  3865

CAMP PENDLETON, Calif. (KGTV) - Marines and Sailors are finding and rendering WWII bombs safe in the Republic of Palau.Back in September of 1944, the U.S. attacked Peleliu, an island in the Pacific Ocean. It was Japan's second line of defense in WWII and a hop away from the Philippines."There was a lot of casualties in the Battle of Peleliu, which is one of the islands here in Palau," First Class Navy Diver Alexander Grun said.About 1,500 U.S. and 11,000 Japanese soldiers died in that battle, but the war is still taking casualties today."One of the Palauans was telling me they were building a house and they accidentally hit one [a bomb] while they were building their house," Grun said.Dozens of bombs were left on the islands only to be discovered decades later, often by accident.The U.S. hand picked about 100 Marines and Sailors, many from Camp Pendleton and 3rd Marine Aircraft Wing in San Diego, for Task Force Koa Moana, which translates to Ocean Warrior.One of the missions of the task force is to find and render those bombs safe."We have robots that are able to search the beach for us now." Grun said they search as deep as 40 feet in the ocean for these bombs.They arrived July 21 and, according to Grun, found six bombs on the beach."We were able to recover three of them, but three were mines, Japanese mines, that we didn't want to mess with. They were too big," Grun said.The team flagged the bombs' location and will come back on future missions with more equipment to recover them. Grun said when they find a bomb, they deactivate it or, "if it's going to detonate, we make sure everyone's away and do a hard pull. If it detonates, it detonates, if not, they go through a whole procedure and render it safe."They hope to protect Palauans and get home safe to their families."I want to say hello to my family out in San Diego in El Cajon," 1st. Lt. Joseph Sporleder, Communications Officer said. He has a brand new baby and wants to tell his wife and children he loves them.Sporleder said the island is rich with history and it has been incredible seeing old tanks, railway embedded in coral and other remnants of the war.Grun also had a message to his family in Santee, "I love you guys and I'll be home soon."According to the Marines' website, the task force will leave Palau in September. 2324

California National Guard shows dozens of evacuees are evacuated to safety on a Cal Guard Chinook Saturday, Sept. 5, 2020, after the Creek Fire in central California left them stranded. More than 200 people were airlifted to safety after a fast-moving wildfire trapped them in a popular camping area in California's Sierra National Forest. The California Office of Emergency Services said Black Hawk and Chinook helicopters were used for the rescues that began Saturday night and continued overnight. (California National Guard via AP) 543

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