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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 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 gloves are coming off in the race for San Diego County District Attorney, with a unlikely person taking shots at Genevieve Jones-Wright Friday.Rebecca Harrison, who said she’s the victim of a Balboa Park rapist, backed candidate Summer Stephan.At a news conference in front of the courthouse, Harrison said Jones-Wright, who was the public defender in the case, treated Harrison as if she was the one on trial.“Several weeks ago I found out that Genevieve was running for D.A. and it literally made me sick to my stomach. It felt like someone had kicked me because she was professing that she gives dignity and a voice to victims when that is not what I experienced whatsover,” Harrison said.Jones-Wright told Team 10 investigator Adam Racusin she gave Harrison an extreme level of compassion and that the press conference was all political posturing. She also said the 6th amendment of the constitution guarantees everyone the right to competent representation, and that everyone should read the full transcript of the cross examination.Stephan did not make a public statement at the news conference. 1132

SAN DIEGO (KGTV) -- The family of the man killed in a wrong-way crash on Interstate 5 Monday morning says the California Highway Patrol got it wrong. According to them, their brother - Justin Callahan - was a driver, but not the driver who caused the crash. RELATED: Driver killed, 2 hurt in wrong-way crash on I-5On Monday CHP told 10News the following: Just before 2 a.m. Monday, a Volkswagon Jetta was traveling eastbound in the westbound lanes of Inerstate 8 from Sunset Cliffs Boulevard. As CHP officers responded, the Jetta entered the northbound Interstate 5 transition ramp to the westbound I-8 in the wrong direction and collided head-on with a Toyota Camry.An SUV then crashed into the back of the Camry, the CHP said.The driver of the Jetta was 35-year-old Justin Callahan, who was declared dead at the scene. Justin's family says he usually drives home from work at the time and would have been traveling in the opposite direction - from Chula Vista to his home in Ocean Beach. Based on that information, they tell 10News the CHP's report just doesn't add up. "It doesn't make any sense," his brother, Tommy Villafranca, said.  "Why would he get back on the freeway and get back the opposite direction?"And if Callahan did turn around and got back on the freeway, the timing doesn't add up,  his brother said.  He says his work caught on security video leaving at 1:38 a.m. and the crash happened less than 20 minutes later."It takes 21 minutes just to get from his work to Sunset Cliffs Boulevard," Villafranca said.   "He’s still got to turn around go back, and that would take even more time, so the timeline is not working at all."The family has created a GoFundMe to help them pay for arrangements necessary to get Callahan back to Wheatland, California and arrange a funeral. "Justin was an artist and an inspiration to the people around him," James O'Callahan wrote on the GoFundMe page. "At this point I am too broken up inside to write anything worth reading. Please share a story you have about him in the comments."In the comments, Stevie Workman wrote: "Justin, was my neighboor down stairs while I was in college. We had great times!! Dressing up in suits to go to fancy dinners, Super Bowl parties and talking to him about aviation. He was an amazing guy! Thoughts are with his family and friends."The GoFundMe has raised ,410 of the ,000 goal since Tuesday.     2596

SAN DIEGO (KGTV) -- The Centers for Disease Control and Prevention Wednesday confirmed a second case of the novel coronavirus in San Diego County. According to CDC, the patient was aboard a flight from Wuhan, China that arrived at MCAS Miramar last week. UC San Diego Health confirmed the individual is being treated by the hospital. Their condition is unknown at this time. This is the 14th confirmed case of the virus in the U.S. RELATED: Mislabeled sample led to release of San Diego coronavirus patientRead the full statement from the hospital below: 563

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