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SAN DIEGO (KGTV) -- A San Diego man convicted of murder will be a free man, decades before his scheduled release.Donnell Fulcher’s conviction for a Barrio Logan murder in 2006 was overturned due to changes in DNA standards, said Deputy District Attorney Hector Jimenez.On Tuesday, Fulcher pleaded guilty to voluntary manslaughter and assault with a firearm rather than go through a third trial. The judge sentenced Fulcher to 14 years, but he received credit for time he already served.Because of that, Fulcher will be released from custody tonight or tomorrow. This result comes after the San Diego County District Attorney’s Conviction Review Unit took a second look at cases involving DNA mixtures, meaning more than one DNA source is found in a sample. Fulcher’s case relied heavily on this type of evidence.The top forensic science group that analyzes DNA released guidelines that are now more conservative, which affected Fulcher’s case. Earlier this year, the District Attorney’s office agreed to give Fulcher a new trial.“We still believe that we have the right guy, but we lost confidence in the conviction so we wanted to give the defendant a chance to have a new trial if he wanted. He chose to plead guilty instead, so at the end of the day, I believe justice was done,” Jimenez said. Fulcher has always maintained his innocence.“I don’t think you can put any limit on the happiness that going free can have for someone who’s serving a life sentence. He is very, very happy. His family is very happy. This is really a joyous moment for all of them,” said Fulcher’s defense attorney Knut Johnson.This would have been Fulcher’s third trial. His first trial ended in a mistrial. 1695

SAN DIEGO (KGTV) -- A recent poll shows how residents of the 50th Congressional District are feeling a week after Darrell Issa entered the race. According to the poll, Democrat Ammar Campa-Najjar is leading the race, followed by Republican Carl DeMaio and Republican Darrell Issa. Meanwhile, the poll is also an indication of how district residents feel about a number of issues, including impeachment proceedings against President Donald Trump. To get the data, SurveyUSA interviewed 770 voting-age individuals in California’s 50th Congressional District between September 27 and October 2. Of the voting-age individuals surveyed, 671 are registered to vote in the state. 592 of those registered voters were likely to vote in the 2020 California Primary, SurveyUSA says. Read the results of the 10News-San Diego Union-Tribune poll below: When asked what their impressions of Helen Horvath, David Edick Jr. and Brian Jones are, most of those asked said they were unfamiliar with the candidates. A majority of those asked said their view of Carl DeMaio was positive, while a slim majority of those asked said their impression of Darrell Issa is negative. A majority of those asked also said their impression of Ammar Campa-Najjar and Duncan Hunter is negative. 1268

SAN DIEGO (KGTV) - A newly-released poll shows key San Diego County races are undecided ahead of the June 5 primary election.Many of the 1,100 voters questioned in the scientific 10News/Union-Tribune poll showed no clear preference for non-partisan positions including District Attorney, Sheriff, and County Assessor.DISTRICT ATTORNEYSummer Stephan, the interim San Diego County District Attorney, held 35 percent of the vote to Genevieve Jones-Wright’s 22 percent. Stephan led among Republicans, white voters, and those over 35 years old. Jones-Wright led among Democrats, and Latino and younger voters. 43 percent of voters were undecided in the race.Stephan was appointed by the Board of Supervisors last year to fill the remainder for Bonnie Dumanis’ term. Jones-Wright is a Deputy Public Defender. The two have met in several public forums.  SAN DIEGO COUNTY SHERIFFIncumbent Sheriff Bill Gore led Sheriff’s Department commander Dave Meyers by 10 percent in the poll. However, 33 percent of voters were undecided.Gore had stronger support from senior citizens, white voters and conservatives.  COUNTY ASSESSOR/RECORDER/COUNTY CLERKThe countywide election pitting incumbent Ernest Dronenburg Jr. against ethics attorney Matt Strabone shows voters were essentially tied, with a 6.3 percent margin of error. Dronenburg held 20 percent of the vote to Strabone’s 17 percent.An overwhelming 63 percent of voters were undecided.  VOTER BREAKDOWN84 percent of those surveyed said they were registered to vote in California. 14 percent were not, and 2 percent were not sure.About half of San Diegans said they would definitely vote in the June 5 election. About a fourth said they would likely vote. A combined 11 percent said they were unlikely or certain not to vote.According to the Registrar of Voters, 75 percent of those eligible to vote in the county are registered. Of those registered, 37 percent are registered Democrats, 29 percent are registered Republicans and another 29 percent are Independent. As far as voter turnout for the June Primary, over the last 30 years, the highest number of voters to turn out was 40 percent in 1990.  DO POLITICAL PARTIES MAKE A DIFFERENCE?The Survey USA pollsters asked San Diegans if political parties impacted how they planned to vote in the elections. About a third said party affiliation had a lot to do with their decision.   BIG ISSUESAs San Diegans head to the polls, they’ll be weighing different issues. The cost of living and housing affordability topped the list of concerns facing most voters. Crime and homelessness were also in the top five. 2680

SAN DIEGO (KGTV) - A man involved in a DUI hit-and-run crash that seriously injured a young boy in the South Bay started his sentencing hearing Wednesday for violating federal immigration laws.Constantino Banda Acosta, a Mexican national who had previously been deported from the U.S. at least 15 times in the past, has been in federal custody since March over federal criminal re-entry charges.He was transferred to federal custody after charges against him stemming from a 2017 crash were dismissed.Banda faced charges in the May 6, 2017, crash in San Ysidro that sent young Lennox Lake to the hospital with serious injuries, including head trauma.Banda was initially charged with drunk driving and hit-and-run after authorities said he ran a stop sign at Dairy Mart Road and slammed his pickup truck into the Lake family’s car as they were heading home from a Disneyland trip.Banda left the scene but was arrested about two miles away after Border Patrol agents spotted his damaged truck parked on a street, police said.San Diego police Officer Michael Muniz testified in the first trial that Banda's blood-alcohol content measured .151 and .152.Following a mistrial, a judge dismissed the case against Banda in March, saying there was no clear evidence that showed he was behind the wheel at the time of the crash.Banda’s lawyers had argued that another man in the truck, Jorge Adame Ariza, may have been driving the truck after a night of drinking with Banda.Adame said Banda got into a fight with another man outside a Chula Vista restaurant before the crash. During testimony in a preliminary hearing, Adame said he picked up Banda but later moved into the passenger seat with Banda behind the wheel during the crash.RELATED COVERAGE: 1759

SAN DIEGO (KGTV) — A Pacific Beach gym ordered to close for not adhering to the county's health orders and linked to one community outbreak has reopened.The Gym was forced to close on July 23 for violating public health orders after "the owners/operators of the Gym have acknowledged that they are aware of the Public Health Orders but will not voluntarily comply," according to a copy of the county order. A week after the county ordered the gym to close, a community outbreak was traced back to the fitness center, according to health officials.The county confirmed on Sunday that the gym has been allowed to reopen after altering their facility to be in compliance with health orders requiring that gyms move workouts outdoors. The Gym posted several photos and videos of its new outdoor setup on its Instagram account.RELATED:North Park gym forced to move outside, immediately finds syringeCharges filed against Ramona Gym owner for failure to comply with public health ordersSan Diego County Board approves plan to allow businesses to operate at county parks 1071