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SAN DIEGO (KGTV) - A grieving mother says the flu was the main cause in the death of her healthy teenage son.Cellphone video captured a smiling Brian Finete, 19, surprising his mother with flowers for her birthday last Tuesday night at their home in Clairemont."The moment was special. He was always a happy boy with a big heart. He loved life and always wanted to make people happy," said Maria Finete.Later that night, Finete played Xbox all night with his friend at his home. Just past 4 a.m., he went to the bathroom. About two hours later, the friend woke up and went looking for him. Finete was found collapsed in the bathroom."I started screaming, said to call 911. I start CPR," said Maria.Finete was rushed to a hospital, but was declared brain dead a few days later. He was taken off life support on Saturday."We have no words to describe this. We don't understand why," said Maria.Finete, who had no known underlying conditions, tested positive for influenza B. Doctors told her the flu had spiked his blood sugar levels, and the combination of the flu and the high blood sugar levels caused him to collapse and stop breathing. "I never thought in my mind my kid would die from that," said a tearful Maria.She says her son had few symptoms. He had a lingering cough from a cold from last month. The night before he collapsed, he woke up in a sweat next to his girlfriend."When he sleeps he always sweats a little bit. He did tell her, 'I'm not feeling that good,'" said Maria.She says he didn't have a fever, took ibuprofen for a headache and seemed fine that Tuesday night. He was discovered hours later."Just so hard to see my baby gone. Don't know what to do without him," said Maria.Amid the grief: the pain of 'what ifs.' Her son decided not to get a flu shot this season, despite almost always getting it in the past."Take it. Take the flu shot if you can," said Maria. Finete had attended University City High and was planning on enrolling in Mesa College this year.A Gofundme campaign has been set up to help the family with expenses. 2061

SAN DIEGO (KGTV) - A 46-year-old Oak Park man is being held without bail in San Diego's Central Jail after San Diego Police say he kidnapped a toddler and molested her.Francisco "Freddy" Diaz faces 8 felony counts, including burglary, kidnapping sexual assault and lewd and lascivious acts on a child under the age of 14. His alleged victim is just three years old.The girl's father, Silvester Soltero told 10News he was working on his car when, unbeknownst to him, the "strange" man who lived next door broke into a bedroom window, grabbing his sleeping daughter.Soltero said Diaz' mother brought his daughter home, but she didn't have her pants. “I grabbed my daughter and I was like, baby what happened?" Soltero said his daughter proceeded to tell him the man touched her private parts.  When the father asked who the man was. Soltero said his daughter pointed out Diaz."I lost it," said Soltero.When the father approached Diaz he became hostile.  “He started screaming if you snitch on me I'll kill you," recalled Soltero.The men fought.  Soltero showed a bruise where he said Diaz tried to poke him in the eye with a fork.Eventually, Diaz ran off, but San Diego Police caught him a short distance away.That's when Soltero said things got worse.  He soon learned his neighbor was a registered sex offender.“They should have told me, they should have told me I was living next to a pedophile, If I had known I wouldn’t have brought my daughter around here, there’s no way in hell," he said.Court records show Diaz was convicted in 2006 for molesting three girls on the playground adjacent to Oak Park Elementary School, which is right across from his mother's house.  He was sentenced to eight years in prison, in part because he already had a criminal history.  In 2000, Diaz was convicted of making a terrorist threat and assault with a deadly weapon.Court records show Diaz is schizophrenic and abuses drugs, specifically methamphetamines. A psychologist is quoted in court documents saying, "If he can remain in treatment, and avoid drug and alcohol abuse, he should not pose a danger to the community's children."12 years later, Diaz finds himself back under the legal microscope.Soltero wants to know why a registered sex offender could live right across from a school full of potential victims, and right next door to the home where Soltero's daughter and three other children live.San Diego Police say Diaz was in full compliance with the terms of Megan's Law.  He is required to check in with police every year and he does so, said Lt. Jason Weeden.  Because Diaz' child molestation convictions were misdemeanors, he doesn't have to steer clear of schools and playgrounds.Silvester Soltero says if that's true, the law should be changed.  “If you’re a sex offender you shouldn’t be by a school, period," he said.Diaz will be arraigned before a judge Wednesday.  Soltero says he will be there to make sure justice is done. 3102

SAN DIEGO (KGTV) - A controversial retirement center proposed by Skyline Church is moving ahead following a San Diego Planning Commission vote Friday.Officials voted five to one in favor of advancing to the development to the next step.Church officials are looking to build the retirement center in the Valle De Oro neighborhood. It would be located on almost nine acres next to Skyline Church. The 232 units would be made up of independent and assistant living spaces. The facility would also have a walking trail, offices, a pool, and clinics.Those who are in support of this plan say it’s needed because of the growing aging community in the San Diego County. "This application is more than just a request. It’s asking the County’s permission to serve our community, by seeking your permission for this retirement center," said Pastor Dan Grant of Skyline Church.Opponents say this will cause traffic problems in an already congested location along I-94 just East of Via Mercado. They add, this would be a huge environmental impact on the area.Now that the Planning Commission has agreed to move forward, they will bring this recommendation to the Board of Supervisors. 1180

SAN DIEGO (KGTV) - A former Yuma Police officer testified Tuesday in his trial for the rape of a woman in Kensington.Jared Elkins, 34, raped his wife’s cousin after a family gathering at her home on Marlborough Drive last year, prosecutors said. The group had been out to dinner, then watched a movie while drinking beer and wine at home.She testified last week, saying she didn’t yell during the alleged attack because Elkins threatened to kill her. His wife was asleep across the hall at the time.After the encounter, the woman said she ran into her mother’s room for help, and they both escaped out a window.At a hospital, the alleged victim's blood-alcohol level was determined to be .09 percent, according to witness testimony.Police said Elkins told them that the sex was consensual and the rape charges were made out of guilt.Elkins told the jury the alleged victim started flirting with him after everyone else went to sleep.“There was mutual flirtations between the two of us and we were being adults,” said Elkins, who testified the woman was “cuddling, almost snuggling” with him.“She said yeah, it was surprising to me; I was excited a younger attractive woman, you know, it kind of confirmed everything on the couch,” Elkins said.Elkins resigned from the Yuma Police Department in 2017. He is facing nine felony counts including forcible rape and could serve 14 years in prison if convicted.City News Service contributed to this report. 1462

SAN DIEGO (KGTV) --  At 14 stories high, The tower apartments in downtown San Diego have some nice views. But when you're trying to get down without an elevator - it can be a challenge. Carol Clark says she was left with no choice but to take the stairs from her 13th-floor apartment to go the grocery store on Thursday afternoon. "I did it today but trust me I was breathing heavy when I came in," she said. Clark is one of the 200 senior residents living in the high rise building - a building designated for people over the age of 65. The residents say they've lost count on how many times they elevator has gone out. That's why they decided to call 10News for help. Although the second elevator was working when 10News arrived, residents tell us that wasn't the case for most of the day. They say it's something that happens a lot lately. "There are people here with walkers and wheelchairs," Clark said. "I'm scared to death for them."One neighbor in a wheelchair broke down in tears during our interview. "It's people's safety," he said. "Not just mine, but everybody else."The building is undergoing renovations - which residents say they appreciate. But they say the upgrades don't make it ok to shut down one of the two elevators and leave them with an elevator that they describe as unreliable at best. "Everybody is extremely upset," Clark said. "And the thing is we don't seem to be getting many answers."The residents told 10News they've taken their concerns to management many times but have seen no changes. They say they hope something is done soon, before an emergency happens and it's too late. 10News called the on-site manager and the property management company but have not yet received a response. "It's a stressful situation not knowing if something happens are they gonna be able to get downstairs," Clark said.   1901