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SAN DIEGO (KGTV) -- A state review board will decide Tuesday whether to grant parole to a former skateboarding star from Carlsbad who has spent nearly three decades behind bars for a brutal rape and murder.Mark “Gator” Rogowski was a world champion skateboarder in the 1980’s who drew comparisons to Tony Hawk. He parlayed his fame into endorsements and promotional videos until he entered a guilty plea to the 1991 rape and murder of Jessica Bergsten, whose body was found buried in the desert.“This was a horrific, heinous, monstrous crime by an individual who really doesn’t want to admit that he took out transferred rage on another innocent individual,” said Deputy District Attorney Richard Sachs, who will represent the state at Tuesday’s hearing.Rogowski was denied parole in 2011 and 2016, but his case was granted another review ahead of schedule, Sachs said. The parole board will determine if Rogowski remains a threat to the community based on a psychological assessment and other factors.In a promotional video by the prison rehabilitation non-profit Getting Out by Going In (GOGI), Rogowski said he’s taken accountability for the crime and found a higher power.“My identity as a man was skewed. I thought what it meant to be a man was to be a womanizer, to have a lot of relationships,” he said.In 1991, the former skateboarding celebrity invited Bergsten to his Carlsbad apartment. Bergsten was a friend of the girl who had just dumped Rogowski.In a fit of what he called “misplaced revenge,” Rogowski clubbed the young woman over the head, cut her clothes off with scissors and sexually assaulted her for hours. When she screamed for help, Rogowski covered her with a surfboard bag and strangled her through it. He then drove two hours into the desert and buried her naked body in a shallow grave.“Certain crimes are so horrible they shock the conscience and this is one of them,” Sachs said.Sachs said prosecutors will strongly oppose parole on public safety grounds, although he acknowledged he could not predict the board's decision. "We never know how they’re going to view somebody," he said.If the board grants parole, he said the DA’s office will appeal the decision to Governor Gavin Newsom. 2224

SAN DIEGO (KGTV) -- A VA hospital specialty clinic in La Jolla was evacuated Thursday afternoon due to a gas leak, the San Diego Fire-Rescue Department confirmed. According to the Department, the VA San Diego Healthcare System hospital's spinal cord facility on the 3300 block of La Jolla Village Drive was evacuated just before 3 p.m. The gas leak happened inside the two-story building, the department said. By 3:45 p.m., the situation was under control and evacuees were allowed to return.It’s unclear what caused the gas leak at this time. 10News will continue to keep you updated as soon as we receive more information. 633

SAN DIEGO (KGTV) -- A suspect fleeing from officers and an innocent Camp Pendleton Marine were killed in an early-morning head-on crash following a chase on Interstate 5 in Carlsbad. The pursuit began just after midnight Tuesday when officers attempted to stop a motorist driving a dark-colored F-150 truck for a speeding and failing to signal a turn on Coast Highway turning onto Monterey Dr. When officers got to the door of the truck, the suspect took off on Carmelo Drive near Harbor Drive in Oceanside. The suspect's wife tells 10News Christian Zurita is the man who led police on the chase. Zurita was reported traveling at speeds of up to 100 mph, and sometimes driving the wrong way on the freeway, police said.About 10 minutes into the chase, the truck entered the northbound lanes in the wrong direction near the Las Flores bridge trying to evade police. NEWS HEADLINES: Preliminary hearing begins for LJCD teacher accused of sex with 17-year-old Oceanside Police Department officers did not pursue the truck because it was going the wrong way on the highway, traveling southbound in the northbound lanes, according to investigators. Instead, officers tracked Zurita with the help of a San Diego County Sheriff's Office helicopter.OPD says at some point, Zurita turned off his lights. Moments later, he slammed his truck head-on into a light-colored Pontiac Grand Prix that was traveling in the northbound lanes.Officers approached the truck, breaking out the windows, and deploying a K9. A male passenger in the F-150 was pulled from the wreckage and rushed to Scripps La Jolla Hospital. Investigators said the victim in the Pontiac, a 19-year-old Camp Pendleton Marine, was pronounced dead at the scene. His identity hasn't been released at this time. NEWS HEADLINES: Stampede erupts after reports of man brandishing a gun during youth soccer tournamentAll I-5 lanes near the crash were closed for several hours during investigation. California Highway Patrol officials reopened the highway just before 6 a.m.Zurita's wife, Melissa Zurita, sent 10News the following statement: 2101

SAN DIEGO (KGTV) - A San Diego mother of four said she was fired from her job of nine years because she needed to keep working from home during the pandemic.According to a lawsuit filed by Taneasha Newsome, “Knowing Ms. Newsome required a work accommodation or a medical leave to care for a disabled child during the global pandemic that gripped the country in early 2020, Axos failed to attempt accommodating Ms. Newsome’s obvious need. Instead, Axos terminated her in order to rid itself of an employee who required accommodation.”The federal complaint filed last week against San Diego-based Axos Bank alleges associational disability discrimination and wrongful termination, failure to provide reasonable accommodations, and racial discrimination, among other things.Newsome said it was challenging before the pandemic to balance work and home obligations. She explained one of her children has attention deficit hyperactivity disorder and another is autistic.Newsome said when the stay at home order went into effect, schools closed, and she started working from home.“I was told basically, I’m supposed to use my breaks legally and my lunch to do what I need to do for the kids, which anyone who has kids knows that’s impossible,” she said. “You can’t put them on a schedule when they’re hungry or need to use the bathroom.”According to her lawsuit, in late March 2020, Axos began using a computer program to monitor its remote workforce.The lawsuit claims Axos knew the program “was unable to track certain aspects of employees’ workdays, which caused the system to erroneously underreport working hours for Ms. Newsome and others.” It stated Axos used the inaccurate reports, “to place Ms. Newsome and other employees on a performance improvement plan (PIP) on April 24, 2020 for lack of productivity, even though the reports did not accurately measure their full productivity.”“During that time, they say, ‘Hey the software isn’t properly tracking us, it’s not tracking our work,’” said Newsome’s attorney Alreen Haeggquist. “They ask questions to their managers of how does it track productive time and unproductive time. No answers are given.”According to the lawsuit, Axos demanded all teleworking employees return to full-time, in-office work on May 1, 2020. The lawsuit said employees that required a further teleworking arrangement were instructed to submit a formal request form that detailed their need for continued teleworking.“When Taneasha says, ‘Hey I need an accommodation. I need to keep working from home because of my children with special needs and what’s going on with them at home.’ They fire her based on those reports from over a month earlier,” Haeggquist said.According to the lawsuit, “Axos fired Ms. Newsome during a two-minute Zoom meeting with HR, claiming it was based on her lack of ‘productivity.’ Axos Bank fired Ms. Newsome, but not because of her performance. After interfering with Ms. Newsome’s right to take leave to care for her disabled family members, and otherwise failing to accommodate that need, Axos Bank fired Ms. Newsome because, as the mother of two disabled children, she needed to remain working from home, and the company thought she was too likely to be ‘distracted’ by the childcare obligations of her disabled children.”In a statement, a spokesperson for Axos Bank responded to the allegations writing, “Like most public companies, it is our policy not to comment on the specifics of pending litigation. With respect to this complaint, we can say the allegations are false and omit material facts, and we are confident we will prevail once these material facts are presented to the appropriate forum.”Newsome said things have been difficult since she lost her job.“We had to give up our apartment,” she said. “We now live with family, which I’ve never had to do. When I left home at 18, I stayed gone. So, this is my first time coming back home. It’s an adjustment for the kids, they’ve never not had their own.”Newsome’s lawsuit also alleges racial discrimination. It claims, “Axos discriminated against Ms. Newsome in compensation and in terms, conditions, and privileges of employment because of Ms. Newsome’s race. Based on information and belief, Axos paid Ms. Newsome less than her white counterparts, and the differential was not based on a bona fide factor, but rather, it was based on race.”As of this writing, the company has not yet responded to the allegations in court filings. 4461

SAN DIEGO (KGTV) -- Advocates with the group Yes California aimed at splitting California Wednesday released a new plan that would establish the “autonomous Native American nation.”"The plan is to retrocede virtually all federally-owned properties in California back to its original occupants, the California Native Americans," part of a release reads. Earlier this year, advocates with the campaign began collecting signatures for the initiative.RELATED: 'Calexit' returns as advocates begin signature drive to succeed from U.S.The proposed initiative is the third Calexit proposal since the election of President Donald Trump. Previous efforts were all either withdrawn of failed to gather enough signatures.The latest proposal asks voters about secession in 2020. If the longshot initiative passed, a second election would be held a year later that asks voters to affirm the action. 903

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