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SAN DIEGO (KGTV) — Surveillance footage captured a man attacking a gas station customer in Kearny Mesa before fleeing.A 54-year-old man was paying for his coffee at the Mobil station at 8380 Clairemont Mesa Blvd. on Saturday just after 3 p.m., when the suspect began speaking to the man. Police said the suspect was not making any sense when he was speaking to the victim.Then for no reason, the man pulled a small wooden bat from a tool bag and began to hit the victim on the back of his head. He fled from the business, running southbound on Kearny Mesa Road, police say.RELATED: Surveillance video captures deadly crash in Chula VistaThe victim was taken to a local hospital where he was treated for a concussion, cut to his head, and broken finger.Police said the suspect was wearing a yellow construction helmet, black hooded sweatshirt with a yellow reflective vest over it, work gloves, dark pants, and work boots. He was holding a "Milwaukee" brand tool bag.The suspect was described as a white male in his 30s, with thin build, and a brown and red beard.RELATED: Surveillance cameras egging on more destructive teen pranks?If anyone has any information, they're asked to call San Diego Police at 858-495-7957 or Crime Stoppers at 888-580-8477. 1260

SAN DIEGO (KGTV) — The man suspected of opening fire on U.S. Customs and Border Protection agents at the border Monday has been named.San Diego Police say 23-year-old Travis James Eckstein, a U.S. citizen, was shot and killed during a shootout with CBP officers Monday at the San Ysidro Port of Entry. Eckstein was driving from Mexico into the U.S. and refused to stop for officers. Officers say Eckstein tried to drive through an inspection area, before a vehicle blocked his exit.He then began to fire on officers before he exited his vehicle continued shooting. Officers returned fire and struck Eckstein.RELATED: Suspected gunman killed in shootout at San Ysidro Port of Entry identified as US citizen10News spoke exclusively with a man who witnessed and recorded the gun battle on his cell phone. He said he was driving back home to Chula Vista from Mexico on Monday evening. Moments after he cleared customs, he said he saw a white truck blaze past him. He immediately saw CBP agents throw out spike strips on the ground and the driver of the truck crash into another vehicle. Seconds after two separate shootouts, our viewer saw agents dragging Eckstein onto the sidewalk. Meanwhile, other officers were pointing their guns at the bullet-ridden truck, addressing the passengers. Two male Chinese nationals, ages 18 and 27, were found in the rear of Eckstein's truck and were interviewed and released to CBP officials.First responders attempted life-saving measures on Eckstein, but he did not survive his injuries.Seven CBP officers were involved in the shooting but, miraculously, none were injured.“The CBP officers risked their own lives to protect the public from this gunman,” Pete Flores, Director of Field Operations, said in a release. “Human smuggling is always dangerous. This unfortunate incident demonstrates the total disregard smuggling organizations have for what they consider to be cargo.”RELATED: Man killed in shootout with CBP officers at Port of EntryA motive for the shooting was still under investigation Wednesday.10News found a Facebook post written by Eckstein's mother, Donna Kniss. A portion of the post talks about her son's recent medical condition. “We are all All Shocked, Devastated & Heartbroken! Travis has struggled for many Years with depression and was recently diagnosed as bipolar. He also had many concussions, his Brain didn’t Think like a Normal Person.”Kniss concluded the post with sorrow.“We weren’t okay with the choices Travis had made. We refused to enable and fuel his bad behavior, but he is still my son, allow us to grieve.” The post has since been deleted from Facebook.Anyone with information on the shooting is urged to contact the SDPD Homicide Unit at 619-531-2293 or Crime Stoppers at 888-580-8477. 2777

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

SAN DIEGO (KGTV) - The aunt of a Marine who was rescued after an amphibious assault vehicle accident Thursday off the coast of San Clemente Island says he is recovering well.Catrina Tomamichel said her nephew Dallas, 22, drowned before his brothers in arms rescued him."They pulled him out of the water, my understanding is there is someone, I don't know their name but I want to say thank you, they gave him CPR," says Tomamichel.She said he was airlifted to the hospital and he's now recovering at Balboa Naval Medical Center. She said he is able to walk and already asking to go back to work. RELATED: Service members in deadly Southern California amphibious assault vehicle accident identified"God has just been amazing, it is nothing less than a miracle that he'd doing as well as he is," Tomamichel said, though she's concerned about the blood they found in his ears.He found out over the weekend nine of his comrades in the AAV did not make it out alive. "We don't know how he's doing since he learned that news, we are really concerned for him... It's pretty difficult to lose your family and they are family," says Tomamichel.Thursday night, five Marines were rescued after the training accident and are back on their assigned ship. Dallas and another Marine went to the hospital, a Marine was found dead and seven Marines and one sailor remained missing.RELATED: Safety examined after deadly Southern California amphibious assault vehicle accidentMarines, with help from the Navy and Coast Guard, searched more than 1,000 nautical miles. The Navy is using their Remote Operated Vehicle to continue the search for the AAV and the victims. The AAV is assumed to be about 1,500 meters offshore and 200 yards underwater.Officials announced early Sunday morning they are moving from rescue to recovery efforts for those missing. In a tweet, the First Marine Expeditionary Force said they, "mourn the loss of the 7 Marines and a sailor of the 15th MEU. To not have all the answers right now is heartbreaking." "We are devastated for them and we are praying for them," Tomamichel said. "We never thought that this would happen, but you know what? He told us months ago that if anything like this were to happen it was what he signed up for."RELATED: Camp Pendleton Marine dies, 8 missing in training accident off San Clemente IslandTomamichel said she is so thankful to San Diegans for their support during this incredibly difficult time. "People have brought meals, they've called, they've texted, they literally sat with them [Dallas's parents] and held their hand while they cried," she added.She said her sister, Christina, was flown out from Indiana to San Diego by the Marine Corps so she could be with Dallas during his recovery.RELATED: Missing Marines, sailor in Southern California training accident presumed deadThe family started a Gofundme for expenses to support her sister while she helps Dallas recover and said they wanted to shut it down after their goal was met. She said people kept reaching out asking her to let them "shower them with love and support."Tomamichel hopes this tragedy does not happen to anyone else.She said Dallas always wanted to go into the military and wanted to work for the Department of Defense his entire life. 3267

SAN DIEGO (KGTV) — The "Idaho River" has dried up.Repairs to a water transmission line in North Park are nearly complete, days after thousands of gallons of water flooded the neighborhood.Crews were out Friday replacing the broken 90-year-old, cast-iron pipe with a new PVC pipe and repaving the large hole formed at the intersection of Idaho Street and Polk Avenue.A portion of the road over the pipe's location Saturday morning remained closed off for crews to complete spot paving and cleanup.NORTH PARK WATER MAIN BREAK: 542