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CARLSBAD (CNS) - Attorneys for the alleged victims of a former Carlsbad military boarding school headmaster whose molestation conviction was overturned last week by a state appellate panel asked the San Diego County District Attorney's Office Wednesday to appeal the ruling or retry the case against him.Jeffrey Barton, 62, was convicted in 2017 of five felony counts of forcible oral copulation and one felony count of forcible sodomy for allegedly molesting a cadet at the Army and Navy Academy beginning in 1999, when the alleged victim was 14 years old.Barton was sentenced to 48 years in state prison.A three-justice panel from the Fourth District Court of Appeal agreed with Barton's contentions that the trial judge should not have dismissed one of the jurors during the trial and reversed the conviction on Friday.RELATED: Appeals court reverses molestation conviction for former Carlsbad boarding school headAttorney John Manly, whose firm represents four alleged victims in civil suits filed against Barton and the academy, said, "We disagree with the ruling of the court of appeal. Jeffrey Barton is a serial sexual predator who is known to have sexually molested at least six boys in horrific ways. The evidence against him is overwhelming and we ask District Attorney Stephan to appeal this decision and, if necessary, retry this case in the interest of justice and public safety."So far, two of those civil suits have been settled and two are pending.A District Attorney's Office spokeswoman said, "We have contacted the victims who testified in the case and are working to provide them support. At this time, we are exploring our appellate options, which include retrial."The convictions came in Barton's second trial.In his first trial, almost two years before, a different jury deadlocked on the charges involving the alleged victim.Two other former Army and Navy Academy students testified in the first trial that they were molested by Barton, but the defendant was acquitted on all but one of the counts involving those victims.The appellate panel ruled that Barton's second trial could have concluded differently had one juror not been excused, allegedly for refusing to deliberate with her fellow panelists.The justices wrote in their ruling that the other jurors appeared to disagree with Juror No. 12, but did not provide enough of a showing that she was actively stalling deliberations.The ruling indicates the juror did not appear to find the alleged victim credible."The trial court's error in discharging Juror No. 12 warrants reversal," the panel wrote. "She was the lone holdout juror who consistently held to her belief Barton was not guilty and, had she remained on the jury, it is reasonably probable the case would have ended in a mistrial, a more favorable result for Barton than conviction."The panel wrote that Barton was convicted "within hours" of the juror being discharged. 2921

CARDIFF, Calif. (KGTV) - A pedestrian was struck and killed Saturday night in Cardiff after running across Interstate 5 and into the path of a car, authorities said.The incident happened just before 6:40 p.m. on the northbound lanes of the I-5 near Birmingham Drive, according to the California Highway Patrol.CHP officials said the pedestrian, a male in his 20s, was being transported via ambulance from Tri-City Hospital to the VA Medical Center when he suddenly jumped out of the vehicle. The ambulance was traveling between 50 to 60 mph, CHP said.The man survived the jump but proceeded to run across the southbound lanes. He hopped the center divide and was struck by a motorist traveling northbound.CHP said the man died in the collision.The motorist that struck the man remained at the scene and was cooperating with officers.A SigAlert was issued at about 7 p.m. for the three left lanes on northbound I-5. CHP reopened all lanes to traffic just before 9 p.m. 977

CAMPO, Calif. (KGTV) - U.S. Border Patrol agents stopped a “brazen” smuggling attempt Wednesday at the U.S.-Mexico fence in East San Diego County, officials said. Agents near Campo reported the incident Wednesday at 3:45 p.m. when a Dodge 4500 utility truck crossed into the U.S. Fifteen minutes later, agents saw a man who had a truck matching the suspect vehicle, using bolt cutters trying to cut the lock of a South Bay resident’s private gate. Agents tried to stop the man, but he drove off. RELATED: Border Patrol arrests teen with toy car at U.S.-Mexico borderFollowing a short pursuit, the truck stopped and everyone inside ran away, Border Patrol officials said. “A vehicle drive-thru, with overloaded and unsecured passengers, particularly in this terrain, can certainly result in a rollover accident with serious injuries and death,” said San Diego Sector Interim Chief Douglas Harrison. “The breach of this old landing mat wall is illustrative of the need for more hardened infrastructure with greater impedance and denial capabilities to keep the area secure. I’m proud of our agents’ steadfast vigilance that put a stop to this smuggling attempt.” Agents captured 16 people who admitted to entering the country illegally. The group consisted of nine men and five women from Mexico, and a man and woman from Guatemala. RELATED: Teens targeted to smuggle Fentanyl across US-MexicoThe truck’s driver, a 27-year-old Mexican citizen, will face charges, according to the Border Patrol. 1501

CARLSBAD, Calif. (KGTV) - Two teenagers were stopped in their tracks when they looked into a tree and found a creature looking back at them along a Carlsbad street.Two Fridays ago, around 10:30 a.m., a freshman college student did a double take while walking along Babilonia Street in the La Costa area. He called a friend, who drove right over. They made a quick recording."Omigod, look at him," one of the teens is heard whispering in the video.Perched in a tree, about 25 feet up, was a mountain lion, growling.The mother of one of the teens tells ABC 10News soon after they stopped recording, they looked up, and it was gone.Lauren DuBois of Project Wildlife at the San Diego Humane Society, says it's hard to tell the big cat whether the mountain lion was a juvenile or an adult. She says it's not surprising it was in a tree."Not unusual at all. They will climb trees, and rest in trees quite often," said DuBois.Dubois says it was likely relaxing after a long night."They can have up to 100 square miles of a territory. Most of time they are hunting from dusk to dawn, so a lot of the time, that’s where (tree) they will be resting," said DuBois.The concern? Less than half a mile away, is La Costa Meadows Elementary School, which began in-person learning in October.Neighbors tell us there have been sightings of a mountain lion in nearby Box Canyon for years. One of those neighbors did file a report of the most recent sighting with state Fish and Wildlife officials.DuBois say this big cat wasn't being aggressive. What about the growl?"Hey, I’m up here. Don’t want you to be there. I'm going to take off now," said Dubois.She says if you ever do spy a mountain lion in a tree, slowly back away and maintain eye contact."It's probably going to just leave. If it does come after you, make yourself large and make noise," said Dubois.ABC 10News reached out to the elementary school and Fish and Wildlife officials, and are waiting to hear back. 1962

BUFFALO, N.Y. (WKBW) — It’s a conversation no one wants to have, but for many it’s necessary.“You don’t know what’s going to happen if one of us is left alone,” said Amy Paoletti of Williamsville.Getting life insurance in a COVID-19 world has Paoletti and her husband looking at their options.“You see so many people of all ages dying and no one has anything covered because it just happened,” she said.Paoletti says with owning her own business, Amy’s Fine Jewelry in Williamsville, New York, and her husband working in healthcare, they’re both in contact with many people daily.They’re looking at their life insurance options in case something were to happen to either.“They look at your age, your health and your lifestyle,” said Demetrius Mack, owner of MackBarr Group. Mack helps people with financial literacy and sells life insurance.“We’re in a situation where it’s important that we’re proactive instead of reactive,” he said.Mack says the COVID-19 pandemic has made it harder for people to get life insurance, partly because the underwriting process is taking longer.He says If you’ve had COVID-19 or have a risk for COVID-19, insurers don’t consider you as healthy as someone else, and that could mean if you are approved for a policy, you’ll be paying more.“If you’re more suspect to COVID-19, you’re going to have to fit a certain criteria in order to get said policy,” he said.A lot of people are looking to get life insurance to protect their loved ones if something were to happen.“Making sure you save that money and that you have life insurance,” he said. “The only guarantee we have in life is death, and unfortunately when that time does come you leave people you care about in a really tough situation,” he said of those who do not have the insurance.Mack says if there ever were a time to look into financial planning and your financial future, to make sure you and your family can make ends meet, the time is now.This article was written by Hannah Buehler for WKBW. 1996