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SAN DIEGO (KGTV) -- A big step taken in the effort to get the San Diego Police Department to stop using a specific restraining maneuver during arrests.On Tuesday, the community review board voted to recommend that the department gets rid of what police call a carotid restraint in some circumstances. "Have you ever been choked or had the life choked out of you? I can snap back too!" The public was allowed in the meeting but was not supposed to talk. Desiree Smith couldn't help herself, because this issue is personal. "My son was choked by police at a homecoming event at the school," she said. The community review board debated whether or not San Diego police officers should be able to use the carotid restraint.Police are currently allowed to use the tactic to subdue people that they are trying to detain. Smith told 10News she does not think the restraint maneuver should be used, ever."It's inhumane," she said. "I wouldn't do it to an animal, let alone a human. They have stronger laws for animals than they do for humans." 1085
SAN DIEGO (KGTV and CNS) -- Opening statements will likely begin Thursday morning in the retrial of Kellen Winslow II, who is charged with raping a woman in Encinitas and an unconscious teen in Scripps Ranch in 2003. Winslow was previously convicted of raping a homeless woman and exposing himself to two others. After a week of deliberations, the Vista jury found Winslow guilty of raping a woman in Encinitas and exposing himself to two others, but deadlocked on eight other charges. Those charges included rape and kidnapping in connection with two other women. RELATED: Kellen Winslow II to face second trial in North San Diego County sex assault caseSuperior Court Judge Blaine Bowman declared a mistrial on those counts.The 35-year-old son of former San Diego Chargers legend Kellen Winslow was acquitted of committing lewd conduct in front of Jane Doe 5 on a separate occasion.The jury was unable to reach consensus on rape and kidnapping charges involving a 54-year-old hitchhiker allegedly targeted last March in Encinitas, and a 17- year-old girl who was allegedly raped in 2003 at a Scripps Ranch house party. 1128

SAN DIEGO (KGTV) -- A 26-year-old was hospitalized late Saturday night after being struck by an SUV while riding his motorcycle.Police say the man was crossing an intersection at 5th Avenue and Ash Street around 9:41 when 82-year-old Herbert Green ran a red light and hit the 26-year-old.The rider flew off the bike when police say he hit a parked car with his head. He was taken to the hospital with life-threatening injuries. Officers were able to catch up to and arrest Green several blocks away from the scene of the crash. 545
SAN DIEGO (KGTV) -- A bankruptcy judge told a San Diego-based financial investment advisor that he was spending against her orders. She told Christopher Dougherty he doesn’t have the right to prefer his kid’s expenses over his creditors.Today the judge ruled Dougherty will be in Chapter seven bankruptcy, meaning that he and his wife are no longer in charge of their own assets.A trustee will investigate and liquidate those assets.Dougherty is being accused of running a Ponzi scheme targeting mostly elderly victims who planning for retirement and taking more than million, according to bankruptcy court records.In bankruptcy court documents, the United States Trustee wrote Dougherty’s “deception is the basis of a Ponzi scheme.”“[Their] practice of using new investment money to pay existing investors dividends and the principal gave the false impression that the payments received by investors came from earnings and profits or from a return of their principal,” the documents said.The San Diego County Sheriff's Department tells 10News there is a criminal investigation into Christopher Dougherty with at least 30 potential victims.The Securities and Exchange Commission also has an open investigation into Dougherty. 1237
SAN DIEGO (KGTV) -- A 7-year-old child was struck by a car while looking at Christmas lights in Ocean Beach Monday night. According to police, the incident happened around 6:30 on the 4700 block of Newport Avenue. Police say the family was looking at Christmas lights when the child didn’t see a car coming, walked out into the street and was struck by a car. The young boy was taken to the hospital with a broken leg. Police say the driver remained at the scene. Alcohol isn’t believed to be a factor. 511
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