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SAN DIEGO (KGTV) - 10News is learning more about how suspected Poway shooter John Earnest got the weapon. On Thursday, investigators revealed that they believe he got his rifle from a licensed dealer.In federal documents released on Thursday, prosecutors report, “The firearm was manufactured by Smith & Wesson in Princeton, Illinois and shipped to Springfield, Massachusetts where it was assembled. The firearm was ultimately transferred, via Fort Worth, Texas, to a Federal Firearm Licensed (FFL) Dealer in San Diego, California, which sold the firearm to Earnest. Earnest picked up the rifle on April 26, 2019.”That was the day before the shooting.In a press conference on Thursday, Southern District of California U.S. Attorney Shane Harrigan told reporters, “I can say that there is no allegation that the defendant violated federal law when he acquired the rifle that he used in the violent attack on the synagogue.”Questions still remain as to whether state law was violated. Earnest is only 19 years-old.California law requires that adults be over 21 years-old before they can buy a firearm, unless they have a hunting license, are current or former military, or are in law enforcement.Prosecutors wouldn't comment on whether Earnest had a hunting license. “That allegation isn't in the complaint but please understand that as the criminal process moves forward, more information may be available to the public,” added Harrigan.District Attorney Summer Stephan originally said that the rifle had been obtained legally, but when pressed on Wednesday by 10News, she didn't provide a clear answer. “I don't want to [comment any further] because it's a pending case,” she said.At Thursday’s press conference, a reporter asked the federal prosecution about when Earnest purchased his 60 rounds of ammunition. Harrigan replied, “We’re limited to the allegations in the complaint. I hope you understand. I think more information may be forthcoming.” 1962
SAN DIEGO (KGTV) — A California woman is claiming officials with the United States Department of Homeland Security (DHS) treated her like an animal.Amanda Sams said Customs and Border Protection (CBP) officials failed to provide the medical care required to treat her serious medical needs while she was in their custody.In a lawsuit filed against the government, Sams and her civil attorneys claim, "This practice of DHS agents forcing arrestees and pretrial detainees to detox and withdraw from high amounts of alcohol and/or opiates in holding cells near the border, has happened with alarming frequency. Indeed, Ms. Sams is believed to be one of dozens of other individuals forced to endure these conditions in recent months."Sams Arrest and DetentionSams was arrested in January for charges related to bringing an undocumented immigrant in the United States illegally.According to court documents filed by the U.S. Attorney's Office, Customs and Border Protection officers found a person in a hidden compartment in the vehicle Sams was driving.Court records show after Sams was arrested, she told officers that she is an alcoholic and uses drugs.RELATED: Allegations people in the government's custody enduring unsafe conditionsAccording to her lawsuit, after spending the night in a holding cell at the border, Sams was transported to the Metropolitan Correction Center (MCC) in downtown San Diego. The lawsuit says officials at MCC rejected her due to her unstable medical condition.Her lawsuit alleges, "Rather than taking Ms. Sams to a hospital, as recommended by MCC officials and as (presumably) required by DHS policies and procedures, the CBP Defendants returned Ms. Sams to a DHS holding facility at or near the San Ysidro Port of Entry."Team 10 obtained four days of surveillance video from Sams' cell, an experience she described as one of the worst times of her life."When I first walked in, you could smell urine, and you could hear kids crying," Sams said. "You could hear people screaming. There was garbage in the corner."The video obtained by Team 10 shows her eating, sleeping, pacing, hyperventilating and vomiting."No human being should be treated like that," Sams said. "Like they are nothing. Like they are a nobody."Sams told 10News she was given only a solar blanket and a thin mat to sleep on.RELATED: Call for SD jail reform after former inmate's cheek was bitten by mentally ill inmateShe said she began to experience symptoms of withdrawal while in the cell."I was sick to my stomach," Sams recalled. "I had cold chills, then I'd get hot. I'd get cold. I'd have these sweats."Team 10 Investigator Adam Racusin asked Sams if she remembered the medical staff at the facility ever checking her vital signs."Nothing," Sams said.According to court documents: "For five days, she languished in a holding cell at the port of entry while enduring severe symptoms of alcohol withdrawal and detox without access to medical care. She was forced to sleep on the concrete floor of a cell for four nights with only a solar blanket to keep her warm from the cold. She was not allowed to change her clothing and denied access to basic hygiene, including a shower, toothbrush, toothpaste, soap, a water cup, or feminine hygiene products. She was never allowed to make a call or speak with legal counsel."RELATED: SD whistleblower reveals threat of gun reporting 'loophole' for mentally ill service membersSams attorney Trenton Lamere said the government breached its duty of care when they failed to provide minimally necessary services."Really minimum levels of care here that we would expect from a civilized society," Lamere said.According to Sams' lawsuit, "California law imposes a duty of care on law enforcement and custodial officers to protect the health and safety of pretrial detainees, which includes a duty to ensure pretrial detainees' serious medical risks and needs are properly evaluated and treated. Despite the objectively serious nature of the medical risks and needs Plaintiff was facing, and the CBP Defendants' subjective awareness of the same, the CBP Defendants breached their duty to protect Plaintiff's health and safety, by failing to provide the medical care required to evaluate and treat Plaintiffs' serious medical risks and needs while Plaintiff was in the custody, and under the supervision, of the government."Sams said she saw a judge five days after she was arrested.RELATED: Petition: DOD standards don’t translate into state mental health evaluation, treatment laws"When I asked for help, I really needed somebody's help," she said. "I feel that no one should have to feel that alone or go through something like that alone ever in their life."Sams' criminal attorney tried to get the case against her thrown out based on what she called outrageous conduct by the government. The judge in her criminal case did not agree.Sams' trial is scheduled for April 2020.Government ResponseA spokesperson for Customs and Border Protection said the agency can't comment on pending litigation.The U.S. Attorney's Office also didn’t comment on Sams' criminal case.However, in court documents, the government claims Sams indicated to her interrogators that she was not intoxicated and that she was not using drugs.Court documents say "The San Ysidro Port of Entry is not a hospital with doctors like API (Alvarado Parkway Institute). However, physicians assistants work at the San Ysidro Port of Entry for approximately 16-20 hours a day. The physician's assistants can render medical aid to detainees as necessary. There are also CBP Officers trained as Emergency Medical Responders and Emergency Medical Technicians who are able to provide medical attention while on duty at the port of entry."RELATED: Innovative open jail design changes San Diego inmate experienceThe government stated that records from Sams' detention at the San Ysidro Port of Entry show that officers conducted dozens of welfare checks, and at no point did CBP ever make the determination that she was in a state of medical emergency.They also claimed Sams indicated to a Customs and Border Protection Supervisory Officer that she wanted to go to Court and did not need medical attention.Team 10 investigator Adam Racusin asked Sams why at certain points she told officers she was not detoxing."So they'd take me out of there," she explained. "They'd take me to jail take me to another facility. I just wanted help."Other people going through withdrawalSams is not the only one making allegations of mistreatment in a border holding cell.Earlier this month 10News spoke to Jesus Centeno-Paredes from behind the walls of a detention facility just outside of San Diego.Centeno said he was arrested at the border then held for nearly three days in a potentially dangerous medical state. According to court documents, "Mr. Centeno was kept in a small cell where the lights were on the entire time. Mr. Centeno was not given a change of clothes during the nearly three days while he was at the Port of Entry. The cell where Mr. Centeno was held did not have a bed, and Mr. Centeno was given a thin foil blanket and a torn yoga mat to lie on. There was no soap, no toothbrush, and no hygiene products."Documents obtained by Team 10 allege others have gone through detox at the San Ysidro Land Port of Entry.Team 10 obtained what's known as the "No Body Active List" or "Federal Defender No Body Report."A No Body Active List from March of this year shows two additional people involuntarily detoxing from heroin were kept at the San Ysidro Port. Team 10 investigator Adam Racusin has also seen other No Body Active Lists from different dates showing other people marked as detoxing at the San Ysidro Port of Entry.Team 10 tried to get all No Body Active Lists from the start of this year, but so far, the U.S. Attorney's Office has not turned them over and said they aren't public documents. 7908

SAN DIEGO (KGTV) -- County leaders and the American Red Cross are being forced to change fire evacuation plans due to coronavirus.According to a news release, residents under evacuation will now be housed at hotels or motels, or multiple shelters with less than 50 people instead of traditional shelters.The Red Cross says it’s working with nearly 100 lodging businesses to make rooms available during a crisis.“We’re entering the riskiest part of the wildfire season while still being in the middle of an unprecedented health crisis,” said county Supervisor Dianne Jacob. “That is forcing us to rethink and retool our disaster-planning efforts.”The County Office of Emergency Management is also asking people to include face coverings and hand sanitizer in their evacuation kits.“As we head into our warmer months, we need all resources available,” said County Supervisor Jim Desmond. “The question isn’t if, but when. We know fires are a part of living in San Diego, but putting in the preparation ahead of time is the best tactic we can use.”The Red Cross also says packaged meals will be provided instead of the usual cafeteria-style dining in light of the virus.“Disasters require flexibility and planning for a number of variables – especially in the COVID-19 environment,” says Sean Mahoney, Regional CEO of the American Red Cross Southern California Region. “As wildfire season approaches, the goal of the Red Cross remains to provide comfort and support to anyone in need after a disaster, and we are prepared to do just that.” 1545
SAN DIEGO (CNS) - The three-day winter meeting of the National Council of Legislators from Gaming States will bring nearly four dozen legislators from 20 states to San Diego Friday to discuss the state of the gaming industry and its economic impacts.The three-day meeting at the Marriott Marquis San Diego Marina is open to the public, and will be attended by state legislators, gaming operators, suppliers, sports executives, attorneys, analysts, regulators and other public officials with stakes in legalized gambling.The winter meeting will include legislative-chaired sessions on tribal and commercial casinos, responsible gaming, and more; master classes on sports betting and tribal-state compacting, and a tour of the Pechanga Resort Casino in Temecula.RELATED: Sports betting becomes legal in several states ahead of football season``The participation and attendance of legislators from across the country underscores the importance of the NCLGS semiannual meetings as the only gaming conferences where the legislative decision-makers learn from industry leaders and from each other," said NCLGS President William P. Coley, an Ohio state senator. 1162
SAN DIEGO (KGTV) - A free course is helping people with brain injuries rebuild their sense of self. Offered at San Diego Continuing Education (SDCE), the Acquired Brain Injury (ABI) class is a noncredit/non-fee course. It supports people recovering from ABIs like brain trauma, stroke/aneurysm, brain tumor, brain infection, and anoxia. SDCE's ABI curriculum equips students with the tools needed to achieve daily tasks and long-term goals to support their transition back into career and education. Classes emphasize rebuilding a sense of self through cognitive retraining, personal development, communication, academic skills, vocational exploration, coping strategies, creativity development, and advocacy awareness.For traumatic brain injury survivors like Marine Corps veteran Mario Sanders, the program has been lifechanging."No one is ever prepared for life with a brain injury, this program definitely gave me the strategies, the techniques; it made me able to cope with it, it made me able to live with it," said Sanders. The Camp Pendleton Marine was in a severe car accident in 2016. He was hospitalized for six months and had to re-learn how to walk again."One minute I'm being a Marine, the next I'm in the hospital confused and dazed, I couldn't walk, I had no idea what happened," said Sanders. Today he suffers from memory problems and weakness on his left side, but Sanders is far more accepting of his injury."Life with a brain injury is hard, but it's not impossible."Sanders is dually enrolled at San Diego Miramar College and will complete an Associate in Arts in Kinesiology for Transfer Degree. SDCE's ABI classes are open-entry/open-exit; students can enroll at any time.Classes take place at Educational Cultural Complex in Mountain View and CE-Mesa in Clairmont.Register online here. 1818
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