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SAN DIEGO (KGTV) — Wednesday, the San Diego District Attorney's Office has released its findings on four officer-involved shootings and one in-custody death in San Diego County.The shootings took place between June 11, 2019, and Feb. 27, 2020. In each instance, the DA found that the officers involved "acted reasonably under the circumstances and bear no state criminal liability for their actions."An analysis of each case from the DA's Office release is included below:Suspect in stolen car shot by officer in El CajonOn February 12, 2020, two El Cajon police officers responded to a report of a stolen vehicle and located the car parked on South Johnson Avenue. An officer approached the car, which was occupied by Keith Crenshaw, 21, who appeared to be asleep in the driver’s seat. There was no one else in the car. A third El Cajon police officer arrived and also approached the vehicle. A Psychiatric Emergency Response Team (PERT) clinician was with the third officer. The PERT clinician stood behind the patrol vehicle because the scene was not secured. As Crenshaw appeared to wake up, one of the officers drew his gun and directed Crenshaw to show his hands, put his hands up, and get his hands out of his shirt at least ten times. The other two officers on scene directed Crenshaw to put his hands up or get his hands out of his shirt at least five times. Crenshaw’s hands were concealed under his clothing. Crenshaw did not comply with the officers’ orders, instead telling the officers, “Shoot me.” Crenshaw moved his right hand towards his waistband and made jolting and jerking movements toward one of the officers through the open passenger door. The officer fired two rounds, striking Crenshaw in the upper body and arm. Crenshaw remained conscious after he was shot telling the officer to, “Kill me please.” The officer continued to give Crenshaw commands to get his hands out of his shirt. Crenshaw complied and was removed from the vehicle. Officers provided medical assistance to Crenshaw until paramedics arrived and Crenshaw was taken to the hospital where he was treated for non-fatal gunshot wounds. A search of Crenshaw and his vehicle revealed that he possessed no weapons at the time of the incident. Fortunately, Mr. Crenshaw survived. He gave a recorded statement confirming the officer’s observations that he simulated actions wanting the officer to believe he had a gun because he wanted the officer to shoot him. In reviewing the totality of the circumstances, the nature of the call, Crenshaw’s failure to abide by commands to show his hands, Crenshaw reaching for his waistband with right hand and jerking towards the officer, viewing the situation in light of an objectively reasonable officer, the officer would have reason to believe that there was an imminent threat of death or serious bodily harm, either to himself or others, that needed to be instantly confronted. Therefore, the officer was justified in his actions and bears no state criminal liability.The DA’s detailed review can be found here.Officers responding to a reported attack are confronted by man wielding a shovelOn August 24, 2019, San Diego Police received a call from a citizen about her nephew’s erratic behavior. SDPD dispatched two officers, telling them that Dennis Carolino, 52, had thrown a brick at his aunt. Two San Diego police officers responded and interviewed the victim, who told officers Carolino was diagnosed with schizophrenia. Officers attempted to locate Carolino to evaluate him for a mental health referral. As officers made their way into a backyard and toward a shed that Carolino had been living in, the door to the shed suddenly opened and Carolino charged toward officers holding a long-handled shovel. Officers told Carolino to drop the shovel, but he continued to advance on officers and ignored their commands. Both officers believed Carolino was going to hit them with the shovel. One officer deployed his taser while the second officer fired his handgun, striking Carolino five times. Life saving measures where attempted but Carolino was pronounced dead at the scene. A review by the District Attorney found the officer used his gun in defense of himself, the civilian witness and the other officer.Based on these circumstances, the officer who fired his handgun acted reasonably and bears no state criminal liability for his actions.The District Attorney’s detailed review can be found here.Man dies from methamphetamine toxicity after being detainedOn June 11, 2019, a man called San Diego Police to report a burglary, saying he found a man he did not know inside his home who had apparently broken in.The first responding officer arrived with a civilian PERT Clinician and contacted Buddie Nichols, 40. The officer attempted to handcuff Nichols, but he began to resist the officer’s handcuffing efforts. Two more officers arrived, and it took all three officers to handcuff Nichols. Nichols resisted enough that the officers used physical force in order to take him into custody by hitting him with a flashlight on his shoulder. During the time the officers were handcuffing Nichols, he displayed symptoms of being under the influence of a controlled substance and continued to do so after he was handcuffed. Nichols was screaming and thrashing about and the officers held him in place on the ground to limit his movements.The officers requested paramedics respond to the location. As the paramedics arrived, the officers noticed Nichols appeared to be unconscious. Fearing he may be in medical distress, the officers removed the handcuffs. Paramedics could not detect a pulse from Nichols and began CPR. Nichols was transported by ambulance to UCSD hospital where he was pronounced deceased.The medical examiner determined Nichols’ cause of death was resuscitated arrest due to sudden cardiac arrhythmia due to excited delirium while intoxicated on methamphetamine. He also stated the manner of death was accident.Based upon a review of the facts and circumstances surrounding Nichol’s death, the law enforcement personnel involved in his restraint acted reasonably under the circumstances and bear no state criminal liability for their actions.The DA’s detailed review can be found here.Man reportedly grabs officer’s gun during struggle fatally shotOn January 24, 2020, two San Diego Police Officers observed Toby Diller, 31, illegally holding an open container of alcohol. Officers stopped the patrol vehicle to speak to Diller who immediately began running away and into lanes of busy traffic on 54th Street. The officers chased Diller on foot, giving him multiple commands to stop. Diller tripped while running through a planter, got back up and was tackled in the middle of a frontage road. Both officers were positioned over Diller as a violent struggle ensued.During the struggle, Diller grabbed the holstered gun on an officer’s duty belt. Diller managed to break the gun from the officer’s duty belt. The officer saw the holster in Diller’s hand, and it appeared Diller was trying to remove the gun from the holster. The officer yelled, “He has my gun, shoot him.” Another officer fired one shot striking Diller on the left side of his cheek. Diller was pronounced dead at the scene by medics. An autopsy showed methamphetamine in Diller’s system.Due to the imminent nature of the threat posed by Diller’s possession of the loaded handgun, it is objectively reasonable that an officer in the same situation would believe that Diller had the present ability, opportunity, and apparent intent to cause death or serious bodily injury to the officer and his partner.Based on these circumstances, Officer Johnson acted reasonably and bears no state criminal liability for his actions.The DA’s detailed review can be found here.Non-fatal shooting of a man in a homeless encampmentOn February 27, 2020, San Diego Police Officers were working a joint operation with the Chula Vista Police Department, San Diego Park Rangers and Environmental Services. Officers and Park Rangers went into the encampment and located Carlos Soto, 70, the only person in the encampment, inside one of the structures. San Diego Police Officers identified themselves and told Soto to come out of the structure. As Soto was coming out the officer could see the butt of a handgun in Soto’s right front jacket pocket. A second officer also saw the gun, which later was determined to be a “BB” air pistol.Both officers gave Soto multiple commands to get on the ground. Instead, Soto grabbed the gun from his jacket pocket and both officers fired. Soto sustained three gunshot wounds which were non-life threatening.Based on the totality of the circumstances the officers reasonably believed Soto presented an imminent threat of death or serious bodily injury to each of the officers. He removed what appeared to be a firearm from his pocket after they had given him several opportunities to come out of the tent and get down on the ground. In light of all the facts, the officers were justified in their actions and bear no state criminal liability for them.A copy of the DA’s detailed analysis can be found here. 9145

SAN DIEGO (KGTV) — With California's theme parks and other family activities closed or restricted because of the pandemic, pumpkin patches have become an even more popular source of seasonal joy.The patches are able to operate under certain restrictions, though some operating rides may be at odds with public health orders.Cell phone video taken this week at The Pumpkin Station on Camino del Rio South in Mission Valley shows lots of visitors, some wearing masks and others not, and some small rides operating.The owner of the patch told ABC 10News they have a capacity limit of 250 people and require employees to undergo temperature checks and wear face masks. The owner said the location can't make customers wear face masks if they don't want to. As for the rides, the owner said calls to the San Diego County Health Department about whether rides are allowed were not returned. The owner said the rides are sanitized between each use as well.The county referred ABC 10News to California's guidelines for amusement and theme parks, which says all operations must be closed in the red and purple reopening tiers. San Diego County is currently in the red tier.As for other spots, like the Strawberry Fields in Carlsbad, there are no rides but there are inflatables.The owner of Carlsbad Lagoon tells ABC 10News that they've been working with the county ever since they reopened and that there are no specific guidelines for inflatables. The county says that as long as they are not completely closed, things like inflatables, slides, and obstacle courses are allowed.Carlsbad Lagoon added that they sanitize frequently and restrict admission to adhere to social distancing guidance. 1694

SAN DIEGO (KGTV) - Two guided-missile destroyers were simultaneously dry docked at a Barrio Logan shipyard Wednesday. The USS Stethem and USS Decatur were lifted together inside the BAE Systems’ “Pride of California” dry dock. The dry-dock is 950 feet long, 160 feet wide and has a lifting capacity of 55,000 tons. The destroyers each are 505-feet-long and displace about 9,000 tons, according to BAE Systems. Crews will conduct repairs on the ships’ hulls, internal ballast and storage tanks, ventilation, propulsion and engineering systems, and living spaces. The ships should be re-floated by April 2020, BAE systems reports. 636

SAN DIEGO (KGTV) -- With just weeks to go before the first day of school, parents across California are trying to figure out the best way to ensure their kids get a quality education.For some families, that means pulling their kids from a traditional district school."We're going to be homeschooling them," said parent Sarah Farsian.The Farsians have two kids, a first- and second-grader."In the pandemic, we are really afraid of sending them back to a campus," Farsian said. "Even though they're disinfected, what if they get sick."Her family is not the only one across the state making the same decision. Along with setting up their home school, some families are looking into micro-schooling or a small school. It could have regular classroom space or operate out of someone's home, using remote curriculums."First, it's going to be just us, but we are a member of a Facebook co-op group that also has accredited tutors, accredited teachers all different grades," Farsian said.Parents' decisions on where and how to educate their children could have impacts on the schools they leave."The overwhelming majority of the money to the overwhelming majority of districts from the LCFF, Local Control Funding Formula, which comes from the state, the dollars come from the state and go to the school districts based on the number of students they've got and also the distribution, the demographics of those students," said Bob Blattner with Blattner and Associates, an education lobbying and consulting firm.In a May revision to the governor's budget, the Local Control Funding Formula took a significant hit. The proposal states, "Absent additional federal funds, the COVID-19 Recession requires a 10 percent (.5 billion) reduction to LCFF."Lawmakers pushed back and passed a budget that kept school funding at current levels. Schools will get the same amount of state funding as they did this past school year. However, billions of dollars will be deferred, and schools won't be able to get it until the next school year."If we don't get federal dollars, the final budget deal starts borrowing from the next year," Blattner said."Districts are either going to have to go into their savings, and many have enough, or they're going to have to borrow. If they can't do either, the budget does have a provision giving support for districts that can't access the borrowing tools they need."Deferrals will impact districts and public charter schools a bit differently."Everybody is going to be subject to deferrals, and what that means basically is you will be reimbursed at a later date," said Myrna Castrejón, president and CEO of the California Charter Schools Association.Castrejón said in the last recession when they saw a lot of deferrals impacting the charter school sector, many of their school networks had to file for bankruptcy or borrow at commercial interest rates."Charter schools can't levy taxes, they can't pass bonds," Castrejón said."It's creating a particularly precarious perfect storm of fiscal challenge for charter schools when you can't get reimbursed for the students that are coming. You have limited access to borrowing capital to withstand the impact of deferrals," she said.Castrejón said there is a concern for some school entities when it comes to average daily attendance.The budget made it so growing schools and schools that have seen enrollment drop still get funded at the same level."Which means that for our charter schools that are growing and for district schools also that are experiencing enrollment growth, which is about 30 percent of districts across California, we're not going to be reimbursed for those students that we're serving," she explained.Castrejón said the governor did ask lawmakers to pursue solutions to fix the issue.As for Sarah Farsian, she said her kids will go back to a physical school location when they think it's safe."This is only for right now," she said. "If they can get this under control, yes (they will go back). They need to be with their friends." 4029

SAN DIEGO (KGTV)- A local family contacted Team 10, concerned about the recent marriage of their elderly father to his new caregiver.  In a petition filed in probate court through an attorney, the family of James Donald Hess accused his new wife and former caregiver of "physically and verbally abusing him, and asserting undue influence over him." "It's just heartbreaking," said Dede Hess about her father-in-law. "I was just like, this isn't real." Dede Hess said her father-in-law, known to many as Don, is not in the best health. In the petition, it said his "health steadily declined" after Don's second wife passed away in February 2016 and that he suffered from "depression and loneliness" and became dependent on in-home caregivers. In the petition, it claimed that a caregiver named Nicky convinced Hess to marry her after just a few months. Hess and Nicky Shepard -- now Nicky Hess -- were married on October 14, 2017. Hess was 86-years-old. Nicky was 64.  "I think of her as a shark that smelled the blood in the water," Dede Hess said. RELATED: Resource guide for elderly San Diegans and families Dede Hess also learned more about the past of her father-in-law's new bride.  "When she met dad, she was married, but she was a newlywed," Dede Hess said. "Two weeks after her divorce was final, she married dad." Team 10 found Nicky was divorced at least five times.  The family alleged Nicky convinced her new elderly husband to "withdraw large sums of money from his investment accounts" and that she "forged [ his] name on documents," according to the petition. It also said she placed his health "in extreme danger" by keeping medication from him or giving him too much.  "I would love to see some justice on behalf of my father-in-law, especially if he's ill," Dede Hess said.  Team 10 learned that Don Hess is now hospitalized. His family said his heart stopped for several minutes and he also suffered from renal failure and pneumonia. The conflict brought both sides to probate court in mid-March where the judge acknowledged the difference of opinion regarding Mr. Hess's marriage.  "I know that you have very different views about whether this is on one hand, a recent marriage of an elderly person to his caregiver and the vulnerability that that can present and the possibility of financial abuse versus, on the other hand, a person who is engaging in his right in his older years to find love and get married," said Judge Julia Kelety. The petition is to remove Don Hess from the new trust made late last year. Hess's children claimed he was not competent at the time.  The petition said the new trust "largely disinherits his natural children... in favor of Nicky."  "The document was done in December so we have issues about its validity," said attorney Todd Stevens. However, the attorney present for Don's side said that is not the case.  "It appears to be a validly, executed trust by Mr. Hess," said attorney Lisa Frisella. Frisella said in court Mr. Hess went to a lawyer on his own and amended the trust.  Team 10 visited the Hess home to get Nicky Hess's side of the story.  She was home and did not want to talk in person. However, less than an hour later, Nicky called Team 10 and said over the phone: "All I need is love. I don't even think about his money. His kids did not approve our marriage."  Team 10 asked about allegations of elder and financial abuse. Nicky Hess said, "No, no way. I never elderly abuse my husband. I love him so much." In the petition response filed by Don's lawyer, it also denied any abuse and said the "children were more concerned about their inheritance than his happiness." In court, Judge Kelety temporarily "suspended" Mrs. Nicky Hess as successor trustee until another court appearance scheduled for April 5th.  It was a small victory for Dede Hess and the other Hess children, as they pray for their father's recovery. "I don't want this to happen to anybody else," Dede Hess said.  According to the National Council on Aging, elder financial abuse is likely underreported. A 2015 study found this type of abuse and fraud costs older Americans .5 billion a year.    4398

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