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SAN DIEGO (KGTV) - A jury deadlocked Monday in the second trial of a former Navy commander accused of trying to rape a military colleague.The alleged victim said John Michael Neuhart II sexually assaulted her after they spent time drinking and hanging out with colleagues downtown in 2016.The woman said Neuhart took off her pants and underwear and was physically violent inside her Valencia Park home.RELATED: Mistrial declared in trial of former Navy commanderIn a cell phone video recorded by the defendant, the woman can be heard telling Neuhart to "stop" as he tries to get her to open the door about 3 a.m."I've wanted you for a while," Neuhart tells her. When she tells him "no" and to stop, Neuhart says, "Is that your safe word? Is no your safe word?"RELATED: Former Navy commander points to role playing, not rapeIn his first trial last December, jurors voted 11-1 to convict Neuhart of assault with intent to commit rape during a burglary and attempted forcible rape.The jury said Monday it was at an impasse on three counts. 1049

SAN DIEGO (KGTV) - A Point Loma grandmother put up Christmas lights to spread cheer during California's stay-home order. It started when Johnene Smith saw Italians singing in solidarity amid a lock down due to the Coronavirus pandemic. She then heard about people putting up Christmas lights to brighten neighbors spirits and something clicked."I'm like I can do that! I don't have to leave my house and people can walk by and see the heart and [spread] just a little joy," Smith said.So she put up a glowing heart in her living room window. "I went and found a piece of cardboard, made a heart and poked little holes and put the lights in it, so they could see my heart is out there for everyone." Smith hoped it would bring some much needed joy during the stay-at-home order which is keeping her from her seven grandchildren. "The youngest is going to be a year old in two weeks and we're not going to be able to go to her birthday party," She said sadly.She took this time to focus instead on what she can control, which is her happiness. Particularly, that means reminiscing about Christmastime, "it was really the last time we had joy before everything started was at Christmastime so why not bring back a little joy in a time where we can't control it."Her display went up Friday sparking her neighbors to light up their own homes.Neighbor Jojo Peters was thrilled at the idea. "When Johnene says let's do lights, I said okay! And I went and dug them out as fast as I could and threw them up!"Both want to spread love and calm.'I just want them to see the hope that's there, and that we're all there for each other,' she said.Smith hopes more San Diegans join in spreading cheer in this time of uncertainty. 1721

SAN DIEGO (KGTV) — A San Diego County public defender has pleaded guilty to giving a firearm to a felon.Andrea Bayer was arrested on August 1 and booked into Las Colinas women’s jail on charges related to selling, supplying or delivering a firearm to either a convicted felon or someone wanted on a felony warrant. She was released the same day on bond. Two felony charges were filed by the District Attorney's office: 431

SAN DIEGO (KGTV) – A local marijuana testing lab is releasing vape test results that are alarming. Almost 80% of the cannabis vape cartridges were tested and deemed "unfit for consumption."Tucked away in a quiet San Diego business park, Platinum Vape manufacturing company produces high-potency, pesticide-free cannabis products that go through rigorous testing. Co-founder George Sadler is on a mission to spread awareness about the serious potential health risks of using products from unlicensed vape makers and sellers."It's horrible," he tells 10News, adding, "It's doing so much harm to people, versus walking into a licensed store."Platinum Vape recently teamed up with nearby licensed cannabis dispensary Mankind to buy back cartridges that ranged from home-made concentrates to counterfeits of popular legal brands.In exchange, customers got discounted Platinum Vape cartridges that are tested and regulated.Mankind Chief Operating Officer Vera Levitt tells 10News, "We wanted to encourage them to replace something that could make them sick with something that was safe."The cartridges were sent to Infinite Chemical Analysis Labs, or InfiniteCAL. It's a local cannabis testing lab that then analyzed the cartridges for potency, pesticides, and heavy metals.The lab found that 79% of the cartridges were deemed "unfit for consumption". Additionally, 62% of them failed for pesticides. Almost 40% of the cartridges failed for lead."[Were there] toxic levels of lead?" 10News asks InfiniteCAL co-founder David Marelius. "One of the vape pens had almost a hundred times the legal limit," he explains.The lab also discovered that half of the products had less than 50% THC in them. Some of the cartridges were cut with excessive levels of vitamin E acetate; the additive may be linked to numerous vape-related deaths and illnesses. Marelius adds, "20% of them had a significant amount.""It's sad for me. Public safety is a really important part of what we do and what we believe in," says Levitt.Levitt says that the only way to ensure that customers are getting safe products is if they buy them from licensed dispensaries that have purchased products from distributors that are regulated by the California Bureau of Cannabis Control, like Platinum Vape."I think the exposure needs to be there for people to really understand what's happening," adds Sadler.Visit the link below to check out any marijuana dispensary's licensing status.https://online.bcc.ca.gov/bcc/customization/bcc/cap/licenseSearch.aspx 2520

SAN DIEGO (KGTV) - A new report reveals water usage continues to climb quickly since state water restrictions were lifted in 2016. Romy Meraz finds joy in watering her yard at her home in Bonita."I know the plants are happy and I'm happy for them," said Meraz.It was a different story amid the state-mandated restrictions, when she cut her watering to once a week. Years later, she'll be watering four or five times a week this summer."I want my garden to be beautiful and green," said Meraz.Meraz isn't alone. According to a report from the research group Equinox Project, The Nonprofit Institute at University of San Diego, the average daily water consumption increased from 84 gallons per person to 91 gallons per person.That's an increase of 8.3 percent. It's still shy of the 119 gallons per day in 2007, but the usage has been steadily going up since restrictions were lifted."Even with the rains, with climate change ... we know another drought will come along so we need to be prepared. We've done it in the past. It's not a matter of whether we can do it. We can," said Nilmini Silva-Send, a researcher with the Equinox Project.When it comes to the biggest daily water users, the Santa Fe Irrigation District is tops at 363 gallons per person, followed by the Rainbow Municipal Water District and Valley Center Municipal Water District. Among the factors: lot size. 1382

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