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SAN DIEGO (KGTV) -- For decades internal documents about officers' use of force were limited to just law enforcement.A new California law changed that, and now some of the most private materials are being released to the public.Documents released by the San Diego Police Department show how incidents are investigated and what type of evidence is collected before use of force cases are submitted to the San Diego County District Attorney's Office.10News asked the department to analyze a case to help the public understand how a report is created. An internal affairs captain also explains how the public getting access to internal documents is helping bridge the gap between the department and the people it serves.2016 Officer-Involved ShootingIn November 2016, Juan Carlos Fernandez shot four people, killing two in the 3800 block of Marlborough Avenue. Police shot and killed Fernandez after officers repeatedly ordered him to lay on the ground, but he refused and continued pointing the handgun at a female, according to police. A 2016 San Diego Police Department press release stated, "An officer, fearing for his life and the safety of the female, fired one round from his service weapon. The round struck the suspect, knocking him to the ground. The suspect was pronounced deceased at the scene by paramedics."The San Diego County District Attorney's Office cleared the officer in the shooting.Under a new California law, Senate Bill 1421, the investigative file and supporting audio and video documents were released to 10News through a public records act request.10News asked the department to talk about what goes into an investigative case file and how the department investigates its own after an officer-Involved shooting.Case Deconstruction"The initial examination is going to be from a criminal standpoint, and the homicide unit is going to roll out there, and they are going to start their investigation," said Internal Affairs Captain Wes Morris.Part of the homicide investigation includes an initial walkthrough at the scene.Using the documents released to Team 10, an initial audio walkthrough of the 2016 shooting identified 15 law enforcement officials, including the officer involved in the shooting, a representative from the San Diego County District Attorney's office, and a member of the Internal Affairs Department."You can get very accurate information right away, and you can start to get a feel for what actually occurred," Morris told 10News.Morris said the homicide team would speak with anyone who was at the location of the shooting, anyone who could have been at the location, and/or anyone who was close to the location and knew anyone involved.All the evidence collected goes into what's called an Officer-Involved Shooting Report.Using the 2016 case as an example, the department report totaled 612 pages. While some of the information was redacted, the report contained sub-reports including: forensic biology report, chain of custody report, firearms lab report, crime scene lab report, vehicle report, witness statement, officer interview, death in custody report, property report, DNA sample report and a report with 586 pages of photos. The San Diego Police Department also released more than 100 audio and video recordings of 911 calls, radio traffic, witness interviews, officer interviews, and body-worn camera."It's not a rubber stamp," Morris said. "There's a lot of work that goes into it. People that really do want to find the truth of what happened in these types of incidents."The report is turned over to the San Diego County District Attorney's Office.According to the DA's website, "The police agency with jurisdiction over the location of the shooting or death conducts the primary investigation of the incident. After the police agency completes their investigation, the District Attorney's Office reviews it, which it does for all officer-involved shootings and in-custody deaths in San Diego County. If the District Attorney wants additional information to supplement the investigation, a request can be made to the jurisdictional agency to obtain the information, or the District Attorney's Office can conduct the additional investigation. The District Attorney's Office does not do a separate, new investigation of the incident." The District Attorney's Office states that when a review is completed, "If the District Attorney's Office determines there is criminal liability, charges will be filed against the officer or deputy. If there is no criminal liability, a letter is written summarizing the facts, evidence, and available statements of those involved. The letter is delivered to the Chief of Police or Sheriff of the jurisdictional agency indicating the actions of the officer or deputy was legally justified. The letter is also posted on the DA's website where any member of the public can read it."If there are no criminal charges pending, internal affairs will take the criminal investigation and do their investigation. Internal Affairs "With an officer-involved shooting, the most important thing we're looking at was if that use of force was within our policy," Morris said.He explained when the case gets to internal affairs, it is assigned to a detective sergeant. The detective sergeant will review the entire case, looking at whether the lethal use of force was within the department's policy and if the officer followed the proper procedures."There are times where we will bring that officer back in again and interview them," Morris said. "We narrowly focus it to what we're looking at, but we may interview them on something that we've seen or some sort of policy and procedure concern, or it could be something outside of that particular use of force."Morris said once the detective sergeant's investigation is complete, it will be put through a review process in-house. The completed investigation will be submitted to the Community Review Board on Police Practices (CRB)."Their main task is to make sure that we haven't left any stone unturned and that we've looked at every aspect of the investigation and that our investigation is thorough, complete, and impartial," Morris said. 6178

SAN DIEGO (KGTV) - Dramatic dash camera video shows the moment two cars sped along San Diego’s State Route 94, leading one of the drivers to lose control and crash. The race happened Thursday just after 8 a.m. near the College Grove avenue exit of westbound SR-94. Video shows two sedans, an Audi and a BMW, drive up fast behind the witness' vehicle and pass him, before the BMW crashes into an unsuspecting driver.“Just a complete surprise,” said a witness who shared his video with 10News and requested to remain anonymous. The witness was taking his mother to the doctor when the sedans approached him from behind. “I just see them come out of nowhere and spin out, and runs into the back of the car,” said the witness. “In real time, I didn’t even see the other car.” “My first thought was, he was running from the cops,” the witness told 10News. The witness said the BMW driver involved in the crash stopped to check on the innocent victim, then went back across the road. No one was injured in the crash, according to the California Highway Patrol. The CHP is investigating what officers say is possibly a racing crash. No arrests have been made. “Ain’t no real reason to go that fast with that many people on the road,” the witness said. “He completely totaled the back of that guy’s car and there could have been a kid back there.” 1348

SAN DIEGO (KGTV) - Frank Zamarron, 26, credits his Apple Watch for saving his life.“No warning signs, no pain no nothing,” Zamarron.  “All to know is that my Apple Watch started going off.”It was a Monday night in March, and his watch was alerting him something was wrong.“My heart-rate is elevated, and I'm just sitting at home watching TV relaxing from a long day at work,” he said. “After the fourth alert, I was like okay, something is not right. Time for me to a go to the hospital.”It was a decision that saved his life. It turns out, Zamarron contracted cellulitis, a skin infection, on his right leg. Soon after doctors started treating him, his leg began to blister.“Apparently your body is reacting to the infection trying to fight it off, doing everything it can, raising your heart rate,” Zamarron said. “They said it could have been fatal in a certain situation. Depending on how I treated it. Typically you would take pain pills or something and call it a day.”Zamarron spent seven days in the hospital.Doctors told him his weight might have contributed to the infection. Zamarron is now focused on staying active and getting healthier. 1223

SAN DIEGO (KGTV) – Gov. Gavin Newsom said Wednesday that a rise in coronavirus cases is worrying, and warned counties to heed statewide precautions and enforce them.He doubled down on his warning, saying if individual counties did not enforce the state's guidance, they can lose funding."We cannot support bad behaviors, but we want to encourage and support good behavior," Newsom said. "And if counties simply are going to (flout) the rules and regulations that they attested to, the information that they put online and said, `We agreed to this criteria.' ... If they decide, `well, you know what, even though the numbers are going up, we're done, we've got this, we're just going to ... dismiss these new rules and regulations' -- we're going to attach some considerations, some consequences to that. There's .5 billion in this budget that simply will not flow to those counties that do that."Newsom added that while he doesn't anticipate having to take such actions since the majority of counties have been cooperative, funding will be issued monthly — not annually — to ensure counties continue to adhere to health restrictions.RELATED: California requiring face coverings for most indoor areasHow San Diego County officials monitor coronavirus trendsSan Diego County pauses future reopenings after hitting community outbreak triggerNewsom went on to plead with residents to continue to practice good hygiene and wash their hands, wear facial coverings when around others, avoid large gatherings, and stay home when sick to halt the spread of COVID-19."Washing your hands isn't just putting your damn hands, forgive my language, under the faucet for two seconds and calling it a day," Newsom said. "We've all seen that. Many have done that ... but in this pandemic, come on. We can do a little more and a little bit better."Monday, Newsom warned that the state was prepared to "revert back" to COVID-19 restrictions if needed, as the state sees a rise in cases. The governor added, "we don't intend to do that, we don't want to do that, but I want to make this clear - we are prepared to do that if we must."Last week, Newsom issued a statewide facial covering order for residents in high-risk settings, with exceptions, to address a rise in cases throughout the state. He said Wendesday that the most recent 14-day average of people testing positive for the virus in California overall is 5.1%, up from 4.6% earlier this month. He added that the number of people hospitalized due to COVID-19 increased by 29% over the last two weeks, and the number of ICU patients went up 18%.Tuesday, California reported 183,073 coronavirus cases and 5,580 deaths from the virus.City News Service contributed to this report. 2725

SAN DIEGO (KGTV) — Four rescued sea lion pups and a northern fur seal were released back into the ocean after rehabilitating at SeaWorld.The fur seal was rescued on Mission Beach on Dec. 30, 2019, and the four sea lion pups came into SeaWorld's care over the past two months. All the animals were malnourished and dehydrated, animal care experts said.During their rehabilitation, the animals doubled in weight and were given a clean bill of health by SeaWorld veterinarians. The animals' care givers also made sure the animals could demonstrate they were able to fend for themselves before they were returned to the sea.RELATED: SeaWorld sees high number of sea lion rescuesSeaWorld released the five animals about five miles west of Scripps Pier near La Jolla.Last month, the park released another four sea lions who were under their care back into the ocean.Since the start of 2020, SeaWorld says it has rescued nearly 20 sea lions and seals.SeaWorld told 10News in January that rescuers have seen an unusually large number — about three times the normal amount — of sea lion rescues this winter."The winter storms may be pushing schools of fish out further than seal lion pups can get to. That's probably the reason why they might not find as much fish as they normally would," said Jennifer Zarate, SeaWorld Senior Animal Care Specialist. 1350