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SAN DIEGO (KGTV) — The family of 19-year-old Dylan Hernandez, the San Diego State University (SDSU) freshman who died after falling off a bunk bed last November, say they are concerned about the investigation conducted by Campus Police and the University. The family believes the University Police Department is not pursuing certain angles, including a possible cover-up.Last November, Dylan Hernandez died after attending a Phi Gamma Delta fraternity party. In police reports obtained by the San Diego Union-Tribune, the freshman made it back to his dorm room around midnight. On the morning of Nov. 7, 2019, he fell off the top bunk bed and hit his head. An autopsy concluded that Hernandez had fractured his skull, suffering from a brain bleed that ultimately led to his accidental death. Reports also state that his blood-alcohol level was about 0.23, nearly three times the legal limit. RELATED: San Diego State suspends 14 fraternities after student is hospitalizedIn a newly released statement to 10News, the Florida native's family said they are disturbed at how poorly Campus Police and San Diego State are handling the investigation. "The Hernandez family is concerned because witnesses they provided to SDSU and UPD still have not been questioned," George Kindley, Hernandez family lawyer, said. The same University Police reports state that UPD never interviewed anybody from the Phi Gamma Delta fraternity. They also never sought out search warrants for Snapchat videos or phone records, despite knowing that some fraternity brothers instructed others to delete possibly incriminating videos and messages. According to the report, one of those messages read, "Remember, silence is golden."This was a shocking revelation to the family. In a statement to 10News, the Hernandez family said, they hope:RELATED: Cause determined after San Diego State University student dies"SDSU and UPD will quickly live up to their promises and complete the investigation without further delay. The Hernandez family wants SDSU and UPD to take action now to prevent future tragedies like this one from occurring." (George Kindley, Hernandez family lawyer)Sunday, UPD responded to a 10News inquiry regarding the Hernandez family. They said:"The preliminary, incomplete police report was provided to a representative of the Hernandez family in an effort to be as supportive and transparent with the family as possible during a difficult time for them as they are mourning the tragic loss of their loved one. Details of the incomplete report, released late last year, was not meant to be shared with the public as it compromises our ongoing investigation and can hinder witnesses from sharing information. "The Hernandez family also told 10News they are questioning the SDSU's bunk bed safety enforcement. They said:RELATED: SDSU launches two task forces in wake of student's death"SDSU needs to provide all students in school issued bunk beds with a safety rail that actually meets minimum safety standards, not a pseudo safety rail that SDSU knows failed and caused other students injuries in the past." (George Kindley, Hernandez family lawyer)In response, SDSU said in the last five years, they have only had two known incidents regarding bunk beds. However, they did not reveal specifics. They said: "All lofted beds and bunk beds located within SDSU residence halls are produced by national manufacturers and meet California State Fire Marshal requirements. Colleges and universities are not required to follow U.S. Consumer Product Safety Commission guidelines defining requirements for childrens' beds." (Cory Marshall, San Diego State University)The U.S. Consumer Product Safety Commission guidelines state the height from the railing from the top of the mattress must be no lower than five inches. College dorms, jails and military barracks are not held to the same standards. 3885
SAN DIEGO (KGTV) — The City of San Diego could make the unorthodox move of refusing to reveal a directory of its 11,000-plus employees.A new memo from City Attorney Mara Elliott's office says officials fear doing so could increase the risk of cyber attack. "You have indicated that releasing all City employee email addresses at once could create a potential threat to the City's cybersecurity because it would make it substantially easier for bad actors to launch phishing attacks against the City, which could interrupt critical City operations," says the Sept. 20 memo. The Union-Tribune recently made a California Public Records Act request for names, work email addresses and phone numbers of all city employees, which is disclosable under the act. Cyber security experts say public agencies have been facing a barrage of hacking attempts because they control critical civic operations. Last year, hackers shut down some operations at the Port of San Diego, and the city of Atlanta has spent millions to recover a system after a ,000 ransomware attack. Ted Harrington, an executive partner at Independent Security Evaluators, said hackers often try to get victims to open attachments in emails, known as phishing. "It's an attack method where when the victim either clicks a link or downloads an attachment, that automatically installs some sort of malware or directors that particular victim to a malicious website, and then all kinds of bad things can happen from there," he said. The City Attorney's memo existing case law suggests there are circumstances where not disclosing the list of workers outweighs the public interest in disclosing them, but leaves it up to the city on a final determination. Jeff Light, the editor and publisher of the Union-Tribune, said in a statement that he understands the cyber security concern, but that it shouldn't keep the information from being disclosed. "Public information law in California says that 'access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state,'" Light said. "I don’t see how that principle squares with this theory that the government should not reveal the phone extension or email of a city employee."The City Attorney memo notes that while the city may not release a full directory, residents do have access to contact information for city officials they may need to contact. It says the decision should be made based on credible facts and information. 2511
SAN DIEGO (KGTV) — The government is warning consumers not to get duped by fraudulent coronavirus test kits.As COVID-19 fears spread, the U.S. FDA is warning Americans about fake "diagnostic, prevention and treatment claims" the agency is beginning to see appear in the market.Currently, there is no approved home testing kit for coronavirus available for consumers, according to the FDA.RELATED:Q and A: Food safety and the coronavirus diseaseEight arrested, accused of price-gouging during COVID-19 emergencyCOVID-19 patient in Kentucky went through week-long struggle to be tested"The FDA has not authorized any test that is available to purchase for testing yourself at home for COVID-19. The FDA sees the public health value in expanding the availability of COVID-19 testing through safe and accurate tests that may include home collection, and we are actively working with test developers in this space," the agency said in a release.The problem with the fake kits, other than being fraudulent, is they could delay consumers from seeking medical care. Anyone who believes they have symptoms resembling the novel coronavirus (which are fever, coughing, and shortness of breath) is asked to contact their medical provider, who will help determine if they need to be tested."We have already identified and issued warning letters to companies found selling and promoting fraudulent items, and we expect additional such actions will be forthcoming," the FDA said.Anyone who believes they have found a vendor selling fake testing kits can report them to the FDA. 1570
SAN DIEGO (KGTV) — The 10-day Sturgis motorcycle rally held in August led to more than 266,000 new coronavirus cases, according to a new study from San Diego State University.The study, released this week, says upwards of 460,000 people converged on Sturgis, a South Dakota city of 7,000, causing a bump in Coronavirus infections across the US. "Large crowds, coupled with minimal mask-wearing and social distancing by attendees, raised concerns that this event could serve as a COVID-19 'super spreader,'" said the study, which did conclude that the rally was a super spreader event.Researchers from San Diego State's Center for Health Economics and Policy Study used anonymized cell phone data to track where attendees came from, then traced it back to their counties. They found that the counties that had the highest numbers of Sturgis attendees saw a 7% to 12% increase in coronavirus cases. The study also said that CDC data shows that cases in Meade County, South Dakota, where the rally is held, increased 6 to 7 cases per 1,000 population a month after the event started. Descriptive evidence suggests these effects may be muted in states with stricter mitigation policies (i.e., restrictions on bar/restaurant openings, mask-wearing mandates)," the study says.In all, the study says that led to more than 266,000 new COVID-19 cases nationwide.The study says these cases accounted for an additional .2 billion in health costs, enough to pay each attendee ,000 not to have attended the rally. South Dakota Governor Kristi Noem called the study fiction, noting it was not peer-reviewed and based on "incredibly faulty assumptions." Her statement did not elaborate on what those assumptions were and what she considered faulty."This report isn’t science; it’s fiction. Under the guise of academic research, this report is nothing short of an attack on those who exercised their personal freedom to attend Sturgis,” Noem's statement read in part. “Predictably, some in the media breathlessly report on this non-peer reviewed model, built on incredibly faulty assumptions that do not reflect the actual facts and data." 2137
SAN DIEGO (KGTV) -- The man who was armed with a gun when he beat, choked and raped two women in 2016 on consecutive nights was sentenced Tuesday.Jeremiah Ira Williams, 26, was sentenced to 100 years to life, plus 86 year, in state prison after being convicted on May 1 of forcible rape, forcible oral copulation, burglary and making a criminal threat.Deputy District Attorney Trisha Amador told jurors that Williams followed the first victim from a parking structure to her apartment on August 13 of 2016.Jane Doe 1 was afraid when Williams asked her "Where's your husband?" as she approached her front door, the prosecutor said.Williams then knocked her down, robbed her at gunpoint and choked her, Amador said. Once inside, Williams beat the victim before raping her and forcing her to take a shower before he left.The following day, Williams beat and raped a woman working as a prostitute after meeting up with her at a motel in Grantville.Williams got on the bed and asked Jane Doe 2, "Do you want to know what it feels like to die?" He then choked the victim until "she saw stars," then raped and sodomized her, according to Amador, who said the woman was so terrified that she broke a window and jumped through it to get away.Williams’ attorney, Deputy Public Defender Thomas Bahr, told the jury that police had a feeling the two rapes were connected and jumped to conclusions.Bahr alleged that Jane Doe 2 lied throughout the investigation, arguing that her story had inconsistencies.The defense attorney alleged that Jane Doe 2 asked a detective “Can I Sue him (Williams) for beating my (expletive.)” 1616