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SAN DIEGO (KGTV) -- The mayor of Temecula has announced his resignation after facing raging criticism over an email stating he didn't “believe there’s ever been a good person of color killed by a police officer." James "Stew" Stewart's comments went viral June 2 and drew a firestorm of calls for his resignation and threats of protests. Stewart made the racist remark in a reply to a constituent "concerned about our police officers and their sensitivity training.""As you know the City of Temecula does not have its own Police Department," Stewart said in his email. "We contract with Riverside County Sheriff's Department.""And I don't believe there's ever been a good person of color killed by a police officer," said Stewart.Stewart posted a copy of the email on his own Facebook page explaining that he is dyslexic and uses voice text, and that he published the note without proofreading what was recorded."I may not be the best writer and I sometimes misspeak, but I am not racist. I deeply regret this mistake and I own it, entirely. I am truly sorry," Stewart said in his resignation letter posted on Facebook late Thursday night.Stewart's comments brought tension to the small tourist destination city during a time in which the nation is seeing daily demonstrations and protests against police killings and racism. A Change.Org petition has started circulating demanding that city officials acknowledge that "systemic racism and police brutality exist in Temecula and the need for reform and consequence."Temecula, a city of about 115,000 residents in Riverside County, is located about 85 miles north of San Diego. The area is a popular Southern California destination known for its dozens of wineries, hot air balloon rides, and festivals similar to Northern California's wine country.Stewart's biography remains published on the city's website. It says that Stewart moved to Temecula in 1991 with his wife and three children from Oswego, Illinois. According to his page, the businessman owns eight barbershops in the area and that he has worked as a dentist during mission trips to Haiti pulling teeth and conducting eye glass clinics in Ethiopia.The city has not released plans to fill his vacant seat. He was elected to a four-year term in 2016.Here is Stewart's resignation announcement:Temecula StewCity of Temecula, I hear you, I agree with you, and I am deeply sorry. I owe everyone an apology including our citizens of all backgrounds and ethnicities, City staff, and my respected colleagues on the City Council. You have every right to be hurt and offended. My typos and off-the-cuff response to an email on a serious topic added pain at a time where our community, and our country, is suffering. I may not be the best writer and I sometimes misspeak, but I am not racist. I deeply regret this mistake and I own it, entirely. I am truly sorry.I understand that even my sincerest apologies cannot remedy this situation. Because actions speak louder than words, I will step down as your Mayor and City Council Member effective immediately. It has been a true honor to serve this great City and its citizens. My love for Temecula and its residents is beyond expression.”Mayor Pro Tem Maryann Edwards states, “Stew is a hard-working and honest man, and the City accepts his resignation. Temecula is poised to close this chapter, and continue our long-term commitment to preventing racial injustice in any form. On this day of Mr. George Floyd’s memorial service, and on behalf of my council colleagues, the City of Temecula offers our prayers and heartfelt condolences to his family.” 3623

SAN DIEGO (KGTV) — The H1N1 strain of influenza is the most prominent strain of the illness in San Diego and around the nation so far this flu season, according to local health officials.Of 1,730 confirmed cases reported in San Diego this season, nearly 94 percent are influenza A, the County Health and Human Services Agency reported Wednesday. Influenza A covers H1N1 and H3N2. During the year, H3N2, or the "seasonal flu," is the primary virus in circulation.This year, however, there are 10 cases of H1N1 for every case of H3N2, health officials said.RELATED: Political commentator dies in San Diego, contracts H1N1 flu and meningitisThe strain affects young to middle-aged adults more than other age groups. The Centers for Disease Control and Prevention believes this is because older adults have been exposed more to H1N1 and younger adults tend to have lower vaccination rates."Older people have some element of immunity to Pandemic H1N1 because they’ve had more exposure to these influenza viruses than younger groups," said Sayone Thihalolipavan, county deputy public health officer, said.Last week, a 26-year-old woman visiting San Diego from Washington, D.C., died possibly due to H1N1 complications. She was also suffering from meningitis, though it's unclear if she had been vaccinated or suffered from any other underlying medical conditions.Another local resident, identified as a 49-year-old male, died of the flu, according to health officials. That man did have underlying medical conditions though it wasn't clear if he had been vaccinated.This season, there have been nine flu-related deaths, officials say, compared to 44 deaths at this time last season.Health officials advise the best way to prevent the flu is to get vaccinated, wash hands thoroughly and often, avoid going out if you're sick, and clean commonly touched services. Those with underlying chronic conditions, pregnant women, people who live with or care for others who are high risk, and those 65 and older are most at risk of catching the flu. 2041

SAN DIEGO (KGTV) -- The leader of a San Diego motorcycle gang pleaded guilty Tuesday to participating in a scheme to seal dozens of Jeep Wranglers in San Diego County. Jimmy Josue Martinez, a leader of the Hooligans motorcycle gang, pleaded guilty Tuesday, admitting to participating in the scheme. According to court records, the gang is responsible for the theft of more than 150 of the vehicles since 2014, totaling about .5 million. Records show that the Hooligans used high-tech methods to disable security systems and steal the Jeeps before taking them to Tijuana to be sold or stripped for parts. RELATED: Three arrested, 6 sought in San Diego Jeep Wrangler theft ringAs part of the plea agreement, Martinez admitted to stealing the Jeeps in Pacific Beach, Serra Mesa, Chula Vista, Mission Valley, Ocean Beach, Hillcrest and North Park. Martinez and members of his crew would obtain the vehicle identification number in advance before getting secret key codes which allowed them to create a duplicate key for a particular Jeep. “The joy ride is over for Mr. Martinez,” said U.S. Attorney Robert Brewer. “These thefts were audacious and sophisticated and created hassle and heartache for scores of Jeep owners. I congratulate prosecutors Andrew Galvin and Joseph S. Green, the FBI and members of the Regional Auto Theft Task Force for putting together a strong case against a gang that, unfortunately, has lived up to its name.”Along with Martinez, eight other members of the gang were charged in a grand jury indictment in 2017. Of the nine charged, six have pleaded guilty and three are fugitives. 1616

SAN DIEGO (KGTV) — The family of a beloved South Bay fruit vendor are outraged after an unidentified white female who they say has been hurling racial slurs towards the Latino man allegedly threatened acts of violence against him and his wife on Wednesday.The woman has reportedly been harassing the vendor over the last several weeks. The woman escalated her verbal abuse to physical threats and allegedly brought someone along with her described as being "intimidating," the family says.A Facebook live stream from a local business owner capturing himself reporting the incident to two San Diego County Sheriff's deputies says the vendor was confronted six or seven times throughout the day. In the video, the vendor is heard telling deputies that the woman threatened to "beat" him and his wife."Come and support him; we can't let this continue," Victor Lopez says in his broadcast.The 51-year-old vendor, known by many South Bay locals as the “Mango Man,” and his wife have been selling cases of fresh produce in Bonita out of his truck. His family says it’s a job he's been doing for over a decade to help supplement his income."He's always been really good with the people, and people always supported him," says Cony Plata, the vendor's daughter-in-law.Cony describes her in-laws, Gilberto and Yolanda, as hardworking and kind people "just trying to make ends meet."Like many San Diegans scrambling to manage the pandemic, Gilberto is out of work. He stresses over paying bills and keeping his family under a roof.Gilberto, who is often seen sporting a baseball cap emblazoned with an American flag and bald eagle, first came under attack by a small group of people several weeks ago. In the last few days, the group ratcheted up their racist insults with threats of violence, according to Cony.Cony says her father-in-law stays positive for the family, but the xenophobia and verbal ambushing are adding unnecessary pressure."Lately, it's been harder for them because they get all these threats and harassment," says Cony. "They said they're going to beat them up … this lady said she's going to bring people.”Gilberto, a soft-spoken man with an unassuming disposition, tells his family he's never experienced hatred of this kind."It's making them more nervous and scared because they don't know if these people are actually going to do something to them," she says.Fears for his family's safety are made worse by the nagging feeling that people may be following Gilberto to his home. Cony says that his vehicle was broken into recently, and that a rope used to tie down his fruit crates was stolen out of his truck.The rope has “never gone missing before until these incidences started happening," she says.Videos, photos, and stories of these confrontations against the Mango Man have been quietly surfacing on social media over the last month. La Toya Ventura was one of the first people to witness the confrontations. On Aug. 5, Ventura posted a 3-minute video recorded by her daughter to a community Facebook page purporting to show an older white female harassing the vendor."She’s still there after calling the police & threatening to call BP on him. If you’re in the area please stop by & buy a box. It’s ," she wrote in the video's caption.Word of the harassment spread quickly and loudly this week, garnering interest from numerous locals and business leaders pledging support for Gilberto.Lopez is one of those supporters. He visited the fruit stand a week ago and witnessed the verbal threats on Gilberto and his wife. Lopez snapped photos and shared them on social media which moved the community into action."That same member who took photos happens to be a local restaurant owner, and bought 50 boxes of mangos! Mango Man sold out again!," wrote one Facebook user.The outpouring of support has led to a fan page, and locals are posting photos with the Mango Man and his wife. Images show customers donning face coverings and posing with cases of fruit, uniformed servicemembers holding up their purchases, and families standing guard at his stand.Photos are filling South Bay social pages daily and his produce is selling out everyday thanks in large part to the community's support."This kind of action demonstrates the human quality of the inhabitants of this community," reads one photo gallery caption on Facebook. "It is encouraging to know that there are more people who decide to support those who need it and generate common good by helping each other."Cony and her husband are in Las Vegas managing their own struggle, she says. For her and her husband, it’s hard to see what’s happening to their family hundreds of miles away. Until she can get time off from work, she appreciates the support she sees posted on social media."Thank you for being there and letting it be known they're not alone." 4848

SAN DIEGO (KGTV) -- The Carlsbad Police Department released body camera footage Saturday night in response to public concerns over officer misconduct during an incident involving a 27-year-old black man.The June 11 incident gained attention after cell phone video surfaced showing officers using a Taser on the man and pressing his head into the pavement in an attempt to subdue him."A video is circulating showing a police use of force incident from Thursday night. Open lines of communication between the Police Department and the community are more important now than ever," Carlsbad police said in a statement."As with all uses of force, we fully investigate incidents to ensure the officers’ conduct is consistent with the Police Department’s policies," police said.The cell phone video doesn't show the start of the incident. The witness video begins with the man on the ground surrounded by paramedics and two officers lying on top of him.The newly released six-minute body cam video starts from the moment two officers respond to the scene. According to the department's timeline of the incident, officers and paramedics responded to a call at 8:48 p.m. about a man found face down on a sidewalk at Ponto Road and Carlsbad Boulevard."Two officers arrived and found the firefighters evaluating the man, who was now standing," police said.Bodycam footage shows the man talking with paramedics, and the group appears to disperse. With the officers approaching, the paramedics step away from the man. The man tells the paramedics, "I'm not complaining about anything else."The man appears to hear something from the group of paramedics and screams out, "are you mocking me?"A paramedic tells the man, "No, I'm not mocking you at all."One officer says, "Hey, they're just here to help you, man."The man stands face to face with the paramedic telling him, "the way he said it is different from how you said it. Because I understand how the f--- you say it. But what do you mean when you say it?"According to the police timeline, "The man walked quickly toward the medics while continuing to yell profanities. Officers, fearing for the safety of the medics, interceded."The report says, "Officers reached out to the man and told him to stop."A struggle ensues and the body cameras are knocked to the ground leaving only an audio recording of the incident for about two minutes. The officers pick up the cameras and resume video recording the scene about two minutes later.The department juxtaposed three camera angles of the confrontation with the man -- two from officer body cameras, and one that was recorded by an unidentified "resident." The witness video fills in a section of lost body cam footage.Carlsbad police said the investigation is still ongoing and are asking the public who may have witnessed the incident to contact the department at their non-emergency line at 760-931-2197.The man in the video, Marcel Cox-Harshaw, 27, of San Diego, was cited and released for resisting arrest. Police also charged him with being drunk in public. Police said drugs and or alcohol played a role in the incident.10News has reached out to Cox-Harshaw for comment.CARLSBAD POLICE DEPARTMENT TIMELINE OF EVENTS:A video is circulating showing a police use of force incident from Thursday night. Open lines of communication between the Police Department and the community are more important now than ever. That’s why we are providing a detailed chronology of this incident.As with all uses of force, we fully investigate incidents to ensure the officers’ conduct is consistent with the Police Department’s policies.At 8:48 p.m. A caller reported a man face down on a sidewalk at Ponto Road and Carlsbad Boulevard.At 8:55 p.m. Carlsbad Fire Department personnel arrived at the location and began their evaluation of the man.At 8:59 p.m. Two officers arrived and found the firefighters evaluating the man, who was now standing.While medics evaluated the man’s condition, the man became visually agitated and started yelling at the medics.At 8:59 p.m. The man walked quickly toward the medics while continuing to yell profanities.Officers, fearing for the safety of the medics, interceded.Officers reached out to the man and told him to stop.The man continued to yell as officers tried to handcuff the man to take him into custody.The man yelled, struggled, turned and pulled from the officers and would not comply with their instructions.At 9:02 p.m. Officers then used a taser to attempt to subdue the man.At 9:03 p.m. The officers then restrained the man by holding his body and head to the ground while placing him in handcuffs. He was not injured, but he continued to shout angrily. Officers asked him to calm down, but he refused to comply and continued shouting.At 9:03 p.m. Officers considered the man detained.A mesh bag called a spit mask was placed on the man’s head to protect the officers and paramedics from coming into contact with droplets coming from the man’s nose and mouth This bag is porous and does not restrict breathing.At this time, paramedics were able to place the man on a gurney, where he continued to yell and struggle.At 9:07 p.m. Paramedics transported the man to a local hospital where he was sedated, assessed and released.The man, 27-year-old Marcel Cox-Harshaw of San Diego, was cited and released for resisting arrest. An additional charge of drunk in public has been presented to the District Attorney's Office. The initial investigation indicates that drugs and or alcohol played a role in the incident.The investigation is still ongoing. We are asking any community members who may have witnessed the incident to call the non-emergency police number at 760-931-2197 to share their accounts.Here are some of the department’s policy that pertain to the incidentOfficers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose.When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include but are not limited to:o The apparent immediacy and severity of the threat to officers or others – Mr. Harshaw charged unarmed fire personnel while yelling profanities.o The individual’s apparent ability to understand and comply with officer commands – Mr. Harshaw would not comply with officer commands.o The conduct of the individual being confronted, as reasonably perceived by the officer. Mr. Harshaw was yelling and behaving aggressively toward fire personnel.o Proximity of weapons or dangerous improvised devices. – Officers had no way of knowing what was in Mr. Harshaw’s backpack or baggy pants.o The effects of drugs or alcohol. Mr. Harshaw appeared to be under the influence of drugs and or alcohol.o Whether the person appears to be resisting, attempting to evade arrest by flight, or is attacking the officer. Mr. Harshaw was at no time compliant.The TASER device may be used in any of the following circumstances, when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to control a person:o The subject is violent or is physically resisting. Mr. Harshaw was physically resistant and behaved aggressively toward fire personnel.o The subject has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others. – Mr. Harshaw charged fire personnel, while yelling profanities and he was not compliant with officer commands.Supervisory notification shall be made as soon as practicable following the application of force. A supervisor was immediately called to the scene and an investigation was opened. The investigation includedo Obtaining the basic facts.o Collect evidence at the sceneo Ensure that all needing medical treatment are treated. Mr. Harshaw was transported to the hospital and released. An officer also received minor injuries.o The scene was canvased for additional witnesses.o Complete a Supervisor’s Compliant Summary Report and forward it to the Professional Standards Unit.o Prepare Supervisor’s Use of Force Report 8374