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SAN DIEGO (KGTV) — The San Diego County District Attorney's Office said Friday that officers and deputies involved in four in-custody deaths were not criminally liable.The in-custody deaths happened between September 2019 and May 2020. DA said that each incident involved a person who had methamphetamine in their system at the time of death, which the Medical Examiner said was a factor in their death.The DA's Office offered the below responses to each death:Sept. 29, 2019, death of 61-year-old Tony Wilson: "On September 29, 2019, 911 callers reported a man destroying property and attempting to break into a home. A National City police officer responded and found Tony Wilson, 61, standing near broken glass at the front door of the home. The officer ordered Wilson to get on the ground as a second officer arrived on scene. Wilson raised both arms in the air and dropped to his hands and knees. An officer again ordered Wilson onto the ground and then twice ordered him to put his hands behind his back. Wilson did not comply. The officers used their hands to push Wilson downward into a prone position trying to handcuff his hands behind his back.Wilson thrust his hands beneath his body and officers were unable to gain control of his arms. One officer warned Wilson three times he would use his TASER, but Wilson continued to physically resist. During an ongoing struggle and through repeated commands, an officer applied his TASER three times. A third officer arrived on the scene and together, the three officers were able to move both of Wilson’s wrists behind his back, but Wilson continued to physically resist. An officer used his TASER on Wilson’s leg while telling him to stop kicking. The officers placed Wilson in handcuffs and immediately requested medical assistance.Officers began searching Wilson and lifted him to an upright seated position, making sure he was breathing. The officers attempted to speak with Wilson, however Wilson only groaned in response. The officers confirmed Wilson was still breathing and conscious. A few moments later, an officer checked again on Wilson and determined they should move Wilson to the sidewalk. As soon as the officers placed Wilson on the sidewalk, they realized he was no longer breathing and began administering CPR. Paramedics arrived and transported Wilson to the hospital where he never regained consciousness and on October 15, 2019 was pronounced deceased.Drug screens detected the presence of tetrahydrocannabinol, methamphetamine and amphetamine in Wilson’s system. The Medical Examiner determined the cause of death to be anoxic encephalopathy due to resuscitated arrest while intoxicated on methamphetamine, with cardiovascular disease contributing to the cause of death. The manner of death was classified as an accident.After a thorough review of the facts and evidence, the District Attorney’s Office has concluded that the three officers involved in the incident employed reasonable force when they lawfully detained Wilson and do not bear criminal liability for their actions.Read the DA’s detailed review here. Video evidence of this incident is not being released by our office based on the verbal request of the family of Mr. Wilson and a written request by the NAACP on behalf of Mr. Wilson's family, as they believe video release would cause trauma. Video evidence of this incident has already been released by the National City Police Department and is available in other forums."Feb. 18, 2020, death of 29-year-old Joseph Jimenez: "On February 18, 2020, multiple callers to police reported a male acting erratically and appearing to be under the influence of drugs. A Sheriff’s Deputy responded and saw Joseph Jimenez, 29, sitting in a traffic circle at the side of the road. Bystanders said it had been necessary to stop traffic because Jimenez had been lying in the street. The Deputy attempted to speak with Jimenez, who appeared to be under the influence of a controlled substance. He was clenching his teeth while making strange noises and speaking incoherently, showing no reaction to the Deputy’s voice.The Deputy repeatedly directed Jimenez to lay on his stomach and he eventually laid down, covering the sides of his head with his arms. Jimenez’ forearms were on the ground and his hands were balled into fists. The Deputy told Jimenez to relax and directed him to place his hands behind his back. Jimenez did not comply and instead continued to tense up and make unintelligible noises.The Deputy believed Jimenez was suffering from excited delirium. Jimenez was not combative, nor did he try to physically fight the Deputy, but he resisted the Deputy’s efforts to secure him in handcuffs. The Deputy applied the carotid restraint control hold on Jimenez and Jimenez lost consciousness within seconds of the application. The Deputy was able to handcuff Jimenez and he regained consciousness a few seconds later. A second Deputy arrived and helped apply a cord cuff to Jimenez’ ankles after Jimenez began kicking.Vista Fire Department paramedics arrived and assessed Jimenez for injuries. Jimenez was transported to Tri-City Medical Center for evaluation. While in transit to the hospital, Jimenez stopped breathing and had no pulse. Paramedics performed CPR and were able to establish a pulse. Jimenez was placed into the Intensive Care Unit in critical condition and over the course of several days, Jimenez’ condition steadily declined.On February 24, 2020, Jimenez died. An autopsy was performed, and the cause of death was determined to be anoxic-ischemic encephalopathy due to resuscitated cardiopulmonary arrest due to acute methamphetamine intoxication. The manner of death was determined to be an accident.Based upon the District Attorney’s review of the facts and circumstances surrounding Jimenez’ death, the law enforcement personnel involved in his restraint acted reasonably under the circumstances and bear no state criminal liability for their actions."April 8, 2020, death of 49-year-old Tony Zaffina: "On April 8, 2020, Oceanside Police received calls from several people reporting a person was throwing rocks at their homes. One caller identified his neighbor, Tony Zaffina, 49, as the person throwing rocks. Another caller reported Zaffina forced entry into their home and then fled out a window.Several officers from the Oceanside Police Department responded to these calls. One officer found Zaffina on the Mira Costa college campus knocking over trash cans and banging on classroom windows with what the officer thought was an axe or sickle. The officer called out to Zaffina, who fled on foot into the campus. As the officer gave chase, Zaffina turned and threw the object he was carrying at the officer and it missed hitting him. Zaffina stopped, faced the officer, and picked up chunks of dirt and throwing a pinecone at him.The officer repeatedly told Zaffina to lie on the ground but Zaffina refused. The officer thought Zaffina might be under the influence of a controlled substance. To minimize the use of physical force, the officer deployed a TASER at Zaffina, but it was ineffective. The officer held Zaffina at gunpoint until other officers arrived. Two additional officers arrived soon after and body-worn camera recordings were initiated. They all ordered Zaffina to lie on the ground. Zaffina refused to do so, clenching his fists and making growling sounds. An officer deployed his TASER at Zaffina and he fell to the ground. An officer attempted to handcuff Zaffina but was unable to get his hands behind his back. An officer initiated another five-second activation of his TASER and officers were able to handcuff Zaffina.Officers rolled Zaffina to his side and checked him for a pulse. Zaffina was initially breathing and had a pulse but soon lost consciousness. A short time later, officers couldn’t feel Zaffina’s pulse. Officers initiated CPR, which included the use of an Artificial External Defibrillator (AED). Paramedics were arrived. and took over life-saving efforts, but were unable to revive Zaffina or establish a pulse. Zaffina was declared dead at the scene.The Medical Examiner determined the cause of death was cardiorespiratory arrest while prone, handcuffed, intoxicated on methamphetamine, and after the use of a TASER. Atherosclerotic cardiovascular disease was a contributing cause of death. Based upon the District Attorney’s review of the facts and circumstances surrounding Zaffina’s death, the law enforcement personnel involved in his restraint acted reasonably under the circumstances and bear no state criminal liability for their actions."May 8, 2020, death of 32-year-old Wesley Garrett-Henry: "On May 8, 2020, just before midnight., San Diego Police and Fire Medics responded to a possible drug overdose call at a residential hotel in San Diego. The caller reported that Wesley Garrett-Henry, 32, was having a “narcotic episode” and was in need of assistance. The caller said the situation was getting serious, the man was very aggressive and was being violent in his room.Two officers arrived, knocked on the door of Garrett-Henry’s room and could hear screaming, yelling and banging coming from inside. They identified themselves as police and told him they were there to help him. They asked him to come to the door and talk to them. They also informed him there were medics standing by if he wanted to go to the hospital. The officers believed he was either under the influence of a controlled substance or unable to care for himself. A third officer arrived on the scene.Garrett-Henry eventually opened the door on his own and stepped out into the hallway, where he was handcuffed. The officers informed him they were there to help and asked what he took. He replied, “weed.” Garrett-Henry initially stood handcuffed in the hallway. The officers requested the medics and noted excited delirium and a cut on Garrett-Henry’s foot. An officer asked him if he wanted to lay down. Garrett-Henry sat down and then slid down onto his back. He continued to scream, kick his legs and flail around on the floor. One officer took control of the lower portion of Garrett-Henry’s body and another officer controlled his upper body after he rolled onto his stomach. An officer placed his hands on either side of Garrett-Henry’s shoulders and had his left knee on his back. They told him to relax and to keep breathing. They again informed him they were there to help him. Medics arrived and administered an injection of Versed (a sedative) to Garrett-Henry. Garrett-Henry continued to scream and struggle with the officers and medics while they let the Versed take effect.A medic checked Garrett-Henry’s pulse multiple times before transporting him to the first floor and into the ambulance. Medics noted his pulse was weak and officers removed the handcuffs. During the transport, medics treating Garrett-Henry noticed an irregular heart rhythm and no pulse. A medic started CPR but Garrett-Henry never regained consciousness and was pronounced dead at the hospital.The Deputy Medical Examiner determined Garrett-Henry’s cause of death was toxic effects of methamphetamine, with a contributing factor of hypertensive cardiovascular disease. The manner of death was classified as accident. Based upon the District Attorney’s review of the facts and circumstances surrounding Garrett-Henry’s death, the law enforcement personnel involved in his restraint acted reasonably under the circumstances and bear no state criminal liability for their actions." 11519

SAN DIEGO (KGTV) -- The six hours of impeachment debate pre-empted television programming across the country Wednesday. Throughout the day, both Democrats and Republicans repeated the same points over and over again. Political analysts say that’s only expected to continue. “The president used the power of his public office to obtain an improper personal political benefit at the expense of America's national security,” said House Speaker Nancy Pelosi. Pelosi kicked off the debate, summing up the argument to impeach President Donald Trump. RELATED: Rallies being held around San Diego County ahead of impeachment vote against TrumpRepublican Doug Collins of Georgia quickly fired back, calling a political rush job. “To the clock and calendar, facts don't matter. The promises to the base matter, and today is a promise kept for the majority,” Collins said. The speeches continued for hours, Democrats and Republicans each taking a minute or two to state their case. Very rarely did either party directly respond to each other. “You are not going to convince the person next to you. They are not your audience,” said Thad Kousser, UC San Diego Political Analyst. Kousser says the way this is set up is purely for show. Different representatives are trying to reach their constituents, who may not be watching live. The clips of them either deriding or defending President Trump could serve them well come election season. RELATED: Impeachment trial in Senate would look very different from a regular court case“So it is, get your press release out, get your talking points out, put them on video,” Kousser said. Kousser says nobody expects the Senate to convict President Trump and that American voters will ultimately judge the President and, by association, the impeachment. 1789

SAN DIEGO (KGTV) - Three animal rights activists have been banned from SeaWorld San Diego following a demonstration at an orca show this year.A San Diego Superior Court order issued Thursday banned three protestors affiliated with People for the Ethical Treatment of Animals (PETA) from entering SeaWorld San Diego and Aquatica San Diego, SeaWorld said in a statement.Included in that ban were Ricky Rodriguez, Lyanne Fernandez, and Lisa Lange, PETA's senior vice president of communications. The order lasts for three years.RELATED: Actor James Cromwell protests SeaWorld San Diego orca show"We are very pleased with this court order," Marilyn Hannes, president of SeaWorld San Diego, said. "We said from the beginning of this case that a safe environment for our employees, guests, and animals is and will always be our top priority, and we will not tolerate this type of behavior in our parks."The three protestors are also legally prohibited from harassing, threatening, or committing violence against 10 SeaWorld employees named in the court documents.The court order stems from a July 24 incident in which the protestors disrupted an "Orca Encounter" presentation. Seaworld said these three protestors displayed "violent and aggressive behavior" toward security staff and refused to leave.RELATED: PETA protesters wore orca-style wetsuits at SeaWorld's Aquatica San DiegoPETA provided a statement to 10News following the court order, saying: 1470

SAN DIEGO (KGTV) -- The tattoo. An indelible mark on the body. And for most who choose one, it’s a very personal and sometimes emotional choice. But now there’s another layer making body art a deep, personal connection with a loved one, using their DNA in the ink of your tattoo.It's a distinct idea on an art form thousands of years old."Probably 90 percent of the people who are on this journey with us now start off saying, 'This is a gimmick,'" says Everence Co-Founder Patrick Duffy.That includes Duffy’s Co-Founder, former Navy SEAL Boyd Renner.“I had never had a tattoo," adds Renner. “I did 28 years in the Navy, never wanted one.”But it's no gimmick. Imagine, the ability to take a loved one with you everywhere you go, in a tattoo.“I had the idea, wouldn’t it be cool to somehow turn that tattoo into some kind of vessel or reliquary,” says Duffy. “Perhaps even a piece of the person for memorializing.”That’s the moment Duffy convinced his old Navy SEAL buddy to join him on this business venture.“One thing I learned from 28 years in the Navy is every military guy I ever met carried something with them,” says Renner thinking back to his SEAL deployments.For those entering combat zones, knowing there’s a chance they may never return, a picture, a keepsake, and for many some form of tattoo honoring or memorializing a loved one that inspires them is what they take into combat with them.What they came up with was Everence. DNA from a loved one, taken with a simple cheek swab, sent to their labs in Virginia, purified and encapsulated in a medical grade material, then broken down into powder form to be mixed with tattoo ink.“The concept is based on a very, very simple premise that people are free to be their best when they feel a sense of connection to what inspires them,” adds Duffy.For San Diego tattoo artist Laura Crow, whose clientele is heavily based in the military or law enforcement, the idea was intriguing.“I was interested, yet skeptical,” says Crow.Skeptical at first, like many. After all, it’s the DNA from another human being or source. So how does it work?“It goes into the body the same as tattoo ink, and it is designed to be recognized by the body the exact same way as a non-hazardous foreign body,” explains Duffy.Tattoo artist Crow says the technology does align with some of her clientele. “A lot of my clients go and deploy for six months, four months, into war zones,” says Crow. “And I could definitely see some of them want to have their tattoos have the DNA of their children, their wives, to take a little bit of home.”The co-founders are clients too. Duffy has the DNA of his daughter in his tattoo depicting a story they love. And Renner, the Navy SEAL who never wanted a tattoo, now has the DNA of his wife  - inspired by her resilience battling Cystic Fibrosis. They were together the day he got his.“She was able to take the Everence, her encapsulated DNA, and add it to the red ink that they added to the red rose on the tattoo,” says Renner proudly displaying the art on his left calf. 3071

SAN DIEGO (KGTV) -- This year, the Drug Enforcement Administration is adding vaping products to the list of what they’ll accept on National Prescription Drug Take Back Day. The agency will be accepting prescriptions and vaping products on October 26 from 10 a.m. to 2 p.m. According to the agency, nearly 10 million Americans misused controlled prescription drugs in 2018. The Centers for Disease Control and Prevention reports that there have been 33 deaths in 24 states and nearly 1,500 lung injuries from vaping in 2019.The agency is treating the events like an outbreak, saying the best advice is to avoid using all forms of E-Cigarettes. The DEA decided to add vaping products to their drug take back event to make sure they're safely removed."If people throw them away, if people dump them down the toilet, if people store them in a drawer, they're still not safe," says DEA Special Agent in Charge Colin Roane." "We're going to permanently get rid of them by collecting them and disposing them."The DEA will accept any kind of cartridges or vaping devices, as long as they don't have lithium-ion powered batteries.Check out the list below of locations you can drop off prescription drugs and vaping products throughout San Diego County: Naval Medical Center San Diego (Balboa) - Active and retired military and staff onlySan Diego Police Department Central Division Naval Base San Diego Navy Exchange on 32nd Street - Active and retired military and staff onlySan Diego District Attorney’s Office - Hall of JusticeCoronado Police DepartmentSan Diego Police Department Southeastern DivisionMarine Corps Recruit DepotSan Diego Sheriff’s Department Lemon Grove station San Diego Police Department Western Division San Diego Probation Juvenile HallSan Diego Police Department Eastern Division Mesa College Campus Police Substation La Mesa Police DepartmentSan Diego Sheriff’s Department Imperial Beach stationChula Vista Public Works CenterEl Cajon Police DepartmentKaiser Permanente Otay Mesa Pharmacy MCAS Miramar Exchange - Active and retired military and staff onlySan Diego Police Department Northern Division Lakeside Sheriff’s Department Sheriff’s Poway Patrol Station San Diego Police Department Northwestern Division Alpine Sheriff’s Station Scripps Encinitas Hospital Escondido Police Station San Diego Sheriff’s Office San MarcosCarlsbad Police Station San Diego Sheriff’s Office VistaTri-City Medical Center Sheriff’s Fallbroo Patrol Station MCB Camp Pendleton - Active and retired military and staff onlyClick here for more locations. 2559

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