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SAN DIEGO (KTGV)— A homeless man and convicted rapist accused of sexually assaulting a woman at an East Village bar in November faced his accuser in San Diego Superior Court. Gary Cushinberry, who's accused of multiple counts of sexual assault and attempted rape, pleaded not guilty. The judge ordered all media to conceal the victim’s identity, and to refer to her as Jane Doe. Jane Doe took the stand and recalled what happened on the evening of November 5th. She said she was at Amplified Kitchen and Beer Garden in East Village, celebrating with some colleagues.After having a few drinks, she headed to her car. She admitted she was drunk at the time, and her memory was hazy. But she did remember the moment her bottom touch the ground.“He was touching underneath the blanket, and I just remember being shocked. Uh, next he further proceeded to put his hand in my pants,” Doe said. While he attacked her on the ground underneath a dirty blanket, he tried to drug her with what she thought was a meth pipe, Doe continued. Detective Carlos Munoz of the San Diego Police Department also spoke in open court. After the case was assigned to him, he monitored surveillance cameras in the area. The detective found footage of a homeless man fitting Gary Cushinberry’s description, pulling Jane Doe into a bush next to her car. The two were not in frame for the next 25 minutes, until video captured Jane Doe speeding away from the parking lot, back into Amplified, where she later reported the assault.“It’s like you imagine a fight or flight. And I didn’t really fight and I didn’t flight. I just froze,” Doe said. Cushinberry, who is already a convicted rapist in Indiana, returned to the frame, just two minutes later. “When he walks up toward the intersection, or the corner, he is adjusting his belt, he is adjusting his waist,” Detective Munoz said. The next day, Jane Doe provided information for a suspect sketch.Officers also took her to Palomar Hospital to run a rape kit. DNA Criminalist Adam Dutra of the San Diego Police Department Crime Lab tested the DNA swab taken from the front button and zipper of Jane Doe’s shorts.“There was strong support for the inclusion of Mr. Cushinberry as the 98% contributor,” Dutra said. Cushinberry’s past convictions include rape in 1995, sexual battery in 1997, and recently, felony robbery in San Diego.His next court appearance is on December 19th. 2407

SAN FRANCISCO (AP) — A federal judge in San Francisco is mulling the competency to stand trial of a Mexican man who shot and killed 32-year-old Kate Steinle. The 2015 shooting figured prominently in President Donald Trump’s run for the White House four years ago. The case against Jose Ines Garcia Zarate on federal gun charges has been pending since a judge raised “serious concerns” about Garcia Zarate's mental capacities back in January. Two doctors have diagnosed Garcia Zarate with schizophrenia and found him unfit to stand trial. The San Francisco Examiner reports that Garcia Zarate told the court Friday through a Spanish interpreter that he wanted to be sentenced to prison or deported back to Mexico. 720

SAN DIEGO, Calif. (KGTV) - The City of San Diego has a new challenge that promotes bike riding, exploring the community and supporting local businesses. The Better by Bike blog is website that features everything from bike routes, to bike repair tips, to features on local bike riders.Part of the new program is a scavenger hunt that takes riders through the mid-city area. It ends Aug. 30 and is a competition to see who can get the most points after visiting local businesses and answering questions. The challenges range from taking pictures of specific spots to describing murals painted by local artists. It uses the Scavify application. Winners will then be awarded prizes, including gift cards to local restaurants.Anisha Gianchandani is the Climate Advisor for the City of San Diego and said this is part of a bigger-picture project to decrease greenhouse gas emissions and make San Diego more livable.“So it’s really just a fun way to get outside safely, enjoy your neighborhood and support small local businesses,” she said, later adding that “when you slow down, you get to see so many parts of your neighborhood that you normally wouldn’t see in a car.”It also helps local businesses. Stores and restaurants had the chance to submit their locations to be part of the scavenger hunt, which brings foot traffic to the area.Juan Pablo Sanchez’s family owns Super Cocina, one of the stops on the scavenger hunt. They had a local artist paint a mural on their wall outside, and their question pertains to that art.“We want to encourage you to use these streets, to go through us, to see our culture, to see the people that live here,” said Sanchez.Rudy Vargas, a native to the City Heights area, has embraced the challenge, heading up the leaderboard. He said even though he is familiar with his home, he’s still learned new facts about his neighborhood.“It was a good way to revisit some of my favorite places in City Heights but also visit some places I didn’t even know existed,” said Vargas.Vargas said he first picked up a passion for riding bikes when commuting to SDSU as a student, and has since kept up the passion.“My hope is that we continue this culture change and we step away from our vehicles because like I said there’s no other feeling like it,” he said. 2286

SAN DIEGO (KGTV)- Thousands of survivors laced up their walking shoes this morning to support breast cancer survivors and others battling the disease.The annual Susan G. Women San Diego Race for the Cure was held in Balboa Park this morning. The main focus of the event is to bring awareness to breast cancer.Organizers say early detections and knowing your family health history can save your life.“When I was 10 my mom was diagnosed with breast cancer. So I’ve been really diligent throughout my whole life in getting mammograms," Survivor Merrilee Neal says. Komen San Diego offers a number of free resources, including free mammograms.“I am a recipient of the Susan G Komen free mammograms and that’s where my breast cancer was detected,’ says survivor Wendy Shurelds.In San Diego, six women are diagnosed with breast cancer each day. The state of California and the Komen Foundation teamed up for an initiative, called “The Circle of Promise,” to educate women.“The Circle of Promise was created for African American women, due to the fact that the African American women mortality rate is 41% higher in San Diego than any other race.”The goal for the event was 5,000. The funds raised are used to support patients around San Diego county and research in the U.S. 1289

SAN DIEGO, Calif. (KGTV) - It started when Amber Gilles posted a photo of San Diego Starbucks barista Lenin Gutierrez with the caption “Meet lenen from Starbucks who refused to serve me cause I’m not wearing a mask. Next time I will wait for cops and bring a medical exemption.”A stranger in Orange County, Matt Cowan, said he wanted to donate a few dollars to the barista in tip money, so he started a GoFundMe. As the photo on Facebook filled with hundreds of thousands of interactions and comments from people supporting the barista, the tip money eventually hit more than 0,000 to be donated to the barista. Lenin said he plans to use that money to further his education and also follow his dreams of dancing.Related: 0,000 donated to Starbucks barista who asked woman to wear maskGilles said she now wants half of that money.“It was discrimination and everybody is okay with it and enabling and rewarding that behavior,” said Gilles.She went on to describe the symptoms that prevent her from wearing a mask, saying “One of them I get shortness of breath, dizziness and it messes with the heartbeat. And I do have asthma as well, and I do get mask-acne. So there’s several things going on and not only that but it doesn’t even work.”She provided ABC 10News with two documents to prove her medical exemption. One is a pelvic exam from 2015 with results that say “probable exophytic fibroid arising from the anterior wall of the uterus measuring 2.9 cm size.” and “simple 2.5 cm left ovarian cyst.” A second piece of paper is a handwritten note with letterhead from a San Diego chiropractor who she asked not be named. The hand written note reads “Amber has underlying breath conditions that prevent her from wearing a mask or any type of facial covering whatsoever. Please contact me if have any questions.”When that chiropractor who wrote the note was called, he said he could not discuss her situation. When Gilles was asked why a chiropractor gave her a breathing-related medical exemption, she responded “because they are dedicated to providing non-invasive personalized care and treatment. They are real doctors.”When asked if she has an apology or message to the public, Gilles said “No absolutely not. I feel like I need the apology. I’ve been discriminated against, I’m the one who’s sick.”Gilles said she's spoken to a few lawyers about taking her case for getting half of the money but said they're all expensive so she started her own GoFundMe to try to raise money.WATCH: Lenin gets 0,000 2520

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