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SAN DIEGO (CNS) - Three San Diego County sheriff's deputies were justified in fatally shooting an Alpine man who charged at them with a knife in his hand last fall, according to a report released Wednesday by the District Attorney's Office.Daniel Ayala, 31, was shot 10 times outside his apartment in the 2600 block of Alpine Boulevard last Nov. 12.Sgt. Chris Katra, Cpl. Sean McGillicuddy and Deputy Kevin Nulton responded to that address around 2:50 p.m. following reports that a man was screaming, talking about killing himself and others, and throwing items, according to a letter prepared by District Attorney Summer Stephan and addressed to San Diego County Sheriff Bill Gore.Body camera footage from two of the lawmen was also released by the D.A.'s office.RELATED: Man who was fatally shot by deputies in Alpine identifiedAs the deputies approached the front door of Ayala's unit and knocked, announcing ``Sheriff's Department'' three times, Ayala opened the door, said ``What's up!'' and jabbed a knife twice through his metal screen door, the body-worn camera footage shows.The deputies backed up from the door as Nulton alerted the others by saying ``Knife, knife, knife.''Ayala then opened the screen door and advanced towards the lawmen, who opened fire, striking him mostly in the upper body, according to Stephan's letter.Ayala died at the scene. His 5-year-old son was inside the apartment during the entire encounter, but was physically unharmed, according to the district attorney.Toxicology results showed Ayala had methamphetamine, heroin, cannabis and alcohol in his system.Stephan's letter concludes that the deputies ``were in a confined space when Ayala advanced on them quickly with a knife in his hand.'' The letter also notes Ayala's previously reported statements about killing people.``The deputies had no other option available to them as they Ayala could stab them immediately and seriously injure or kill them,'' the letter reads.Katra has been employed by the San Diego Sheriff's Department for 18 years, McGillicuddy for 12 years and Nulton for 10 years. 2096

SAN DIEGO (KGTV) - A 79-year-old woman struck while crossing a Mira Mesa intersection is expected to recover from her injuries, San Diego Police said Monday. The woman was walking north in the crosswalk of Mira Mesa Boulevard and Black Mountain Road about 5 a.m. when she was struck by a male driver, police said. Officers reported the woman suffered a fractured pelvis, open fracture to the right tibia, and head injuries. She was taken to the hospital. The crash shattered the driver’s windshield. He was not hurt. Traffic backed up for several hours during the morning commute for the investigation. Police have not yet determined who was at fault. 659

SAN DIEGO (KGTV) -- A fire broke out inside a shopping center in San Diego’s Talmadge neighborhood early Sunday morning. Crews say the blaze broke out inside an alteration shop around 1 a.m. Sunday at the corner of El Cajon Boulevard and Menlo Avenue. Owner Anne Chan says she was in shock after receiving a phone call hours after he store went up in flames. "My neighbor called me. I didn’t know what happened," says Chan.RELATED: Man dies after fiery South Bay crashFirefighters arrived on scene and quickly worked to extinguish the flames before they spread to nearby businesses. Chan says she open AA Fashion four years ago. This is her second alteration business. She tells 10News she owned a store in another location for 20 years, then retired. After taking a few years off she opened this store. "I came back to work because I love to sew." According to San Diego Fire-Rescue, no one was inside the business at the time of the fire. At this time, it’s unclear what may have sparked the blaze. 1009

SAN DIEGO (KGTV) - A 46-year-old Oak Park man is being held without bail in San Diego's Central Jail after San Diego Police say he kidnapped a toddler and molested her.Francisco "Freddy" Diaz faces 8 felony counts, including burglary, kidnapping sexual assault and lewd and lascivious acts on a child under the age of 14. His alleged victim is just three years old.The girl's father, Silvester Soltero told 10News he was working on his car when, unbeknownst to him, the "strange" man who lived next door broke into a bedroom window, grabbing his sleeping daughter.Soltero said Diaz' mother brought his daughter home, but she didn't have her pants. “I grabbed my daughter and I was like, baby what happened?" Soltero said his daughter proceeded to tell him the man touched her private parts.  When the father asked who the man was. Soltero said his daughter pointed out Diaz."I lost it," said Soltero.When the father approached Diaz he became hostile.  “He started screaming if you snitch on me I'll kill you," recalled Soltero.The men fought.  Soltero showed a bruise where he said Diaz tried to poke him in the eye with a fork.Eventually, Diaz ran off, but San Diego Police caught him a short distance away.That's when Soltero said things got worse.  He soon learned his neighbor was a registered sex offender.“They should have told me, they should have told me I was living next to a pedophile, If I had known I wouldn’t have brought my daughter around here, there’s no way in hell," he said.Court records show Diaz was convicted in 2006 for molesting three girls on the playground adjacent to Oak Park Elementary School, which is right across from his mother's house.  He was sentenced to eight years in prison, in part because he already had a criminal history.  In 2000, Diaz was convicted of making a terrorist threat and assault with a deadly weapon.Court records show Diaz is schizophrenic and abuses drugs, specifically methamphetamines. A psychologist is quoted in court documents saying, "If he can remain in treatment, and avoid drug and alcohol abuse, he should not pose a danger to the community's children."12 years later, Diaz finds himself back under the legal microscope.Soltero wants to know why a registered sex offender could live right across from a school full of potential victims, and right next door to the home where Soltero's daughter and three other children live.San Diego Police say Diaz was in full compliance with the terms of Megan's Law.  He is required to check in with police every year and he does so, said Lt. Jason Weeden.  Because Diaz' child molestation convictions were misdemeanors, he doesn't have to steer clear of schools and playgrounds.Silvester Soltero says if that's true, the law should be changed.  “If you’re a sex offender you shouldn’t be by a school, period," he said.Diaz will be arraigned before a judge Wednesday.  Soltero says he will be there to make sure justice is done. 3102

SAN DIEGO (KGTV) - A bluff that overlooks Beacon’s Beach in Encinitas is on the brink of collapsing, which could mean changes for the walking trail that leads visitors down to the beach. The City of Encinitas says the bluff is at risk. There is a low-lying failure and the bluff could fall, taking the walking trail with it.“We’ve been told by our experts that there is a chance that the slide could happen at any time,”says Brenda Wisneski, Developmental Services Director for the City of Encinitas. Visitors at Beacon’s Beach say they feel the walking trail makes the beach different from others. “It’s one of my favorite beaches in all of San Diego. A part of that is because of the access, this trail is highly unique and it's not stairs,” says Mark Tayer. The city has a proposal to add a staircase south of the entry to the trail.“That is the most safe, the most secure. It requires a minimal amount of stability at the base of it,” says Wisneski.Wisneski says the city also has plans to move the parking lot back from the failure area. This could mean fewer parking spaces for visitors. The city hopes to begin construction in the fall of 2019. The proposal will go to the planning commission next. The trail will stay there until it poses a safety issue to visitors. On Wednesday, the City of Encinitas will have an open house where members of the community can voice their concerns. The open house is schedule at 6 p.m. at City Hall.  1486

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