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SAN DIEGO (KTGV)— A homeless man and convicted rapist accused of sexually assaulting a woman at an East Village bar in November faced his accuser in San Diego Superior Court. Gary Cushinberry, who's accused of multiple counts of sexual assault and attempted rape, pleaded not guilty. The judge ordered all media to conceal the victim’s identity, and to refer to her as Jane Doe. Jane Doe took the stand and recalled what happened on the evening of November 5th. She said she was at Amplified Kitchen and Beer Garden in East Village, celebrating with some colleagues.After having a few drinks, she headed to her car. She admitted she was drunk at the time, and her memory was hazy. But she did remember the moment her bottom touch the ground.“He was touching underneath the blanket, and I just remember being shocked. Uh, next he further proceeded to put his hand in my pants,” Doe said. While he attacked her on the ground underneath a dirty blanket, he tried to drug her with what she thought was a meth pipe, Doe continued. Detective Carlos Munoz of the San Diego Police Department also spoke in open court. After the case was assigned to him, he monitored surveillance cameras in the area. The detective found footage of a homeless man fitting Gary Cushinberry’s description, pulling Jane Doe into a bush next to her car. The two were not in frame for the next 25 minutes, until video captured Jane Doe speeding away from the parking lot, back into Amplified, where she later reported the assault.“It’s like you imagine a fight or flight. And I didn’t really fight and I didn’t flight. I just froze,” Doe said. Cushinberry, who is already a convicted rapist in Indiana, returned to the frame, just two minutes later. “When he walks up toward the intersection, or the corner, he is adjusting his belt, he is adjusting his waist,” Detective Munoz said. The next day, Jane Doe provided information for a suspect sketch.Officers also took her to Palomar Hospital to run a rape kit. DNA Criminalist Adam Dutra of the San Diego Police Department Crime Lab tested the DNA swab taken from the front button and zipper of Jane Doe’s shorts.“There was strong support for the inclusion of Mr. Cushinberry as the 98% contributor,” Dutra said. Cushinberry’s past convictions include rape in 1995, sexual battery in 1997, and recently, felony robbery in San Diego.His next court appearance is on December 19th. 2407

SAN DIEGO (KGTV)— San Diegans are bracing for yet another round of gas price increases. Mike Metroianis has a love-hate relationship with driving.“I do about 300 miles on any given day,” Metroianis said. It is how he makes his living as an Uber and Lyft driver. But it is also why he has to spend a lot of money. He checks gas stations around his routes, always looks for the best prices. “25 cents makes a huge difference,” Metroianis said. According to AAA, the average national price of regular gas is .76 per gallon. But in California, it’s .57 per gallon. Experts say the increases are a result of the unrest in Europe and the Middle East, combined with high demand in the United States. “You dread it every time,” Metroianis said. “You see your gas go down and you’re like… You made all this money, and next thing you know, you’re throwing it right back in the tank. It’s ridiculous.”So ridiculous, Robin Bartlet has completely stopped getting regular gas for her 28-gallon Chevy Avalanche. Luckily, her car takes Flex Fuel, which only costs her .89 per gallon, at a 76 Station in Kearny Mesa. The same station is charging .29 per gallon for regular gas.“Holy sugar!” Bartlet said, looking at the sign for the regular gas. Experts say prices are not getting any sweeter, any time soon. By Memorial Day weekend, Californians may have to pump out on average, more than a gallon. The Bartlets say that is reason enough to not make any travel plans. “We’re not going anywhere,” Bartlet said. “With gas going up more for the holiday, it’s not even worth it.”So what happens to people like Metroianis whose livelihoods depend on gas prices?“If It went to , there’s no way. No way,” Metroianis said, shaking his dead.It may force him to get another job.Experts said the increase in prices can go on until fall. But most likely will drop significantly in 2019.  1925

SAN DIEGO (KGTV)- Proposed plans to restore the Mission Bay wetlands have been released by the group ReWild Mission Bay.Organizers say those plans would include moving a popular campsite in the area. The “Campland on the Bay” site would have to be relocated after 50 years.Neighbors who live near the area say the possible move is disappointing. “I was just telling my sister who is out of town this place is legendary. People come here all times of the year.”Managers at the campsite say they’ve extended their lease another five years but it could change depending on the project.Organizers of the expansion say the existing wetlands in Mission Bay may not be here in years to come.“The way it is now wetlands will be overtaken by sea level rise,” says Jim Peugh with the San Diego Audubon Society. “One has to plan ahead to make sure we have wetlands in the future.”Those plans would include giving tourists and locals easier access to the land. It will also give wildlife a larger nesting area.A statement from Campland on the Bay says in part:“We remain hopeful the City will continue to provide this amenity for local residents for another 50 years. The public does not have to choose between waterfront camping and wetlands – both uses can support one another as Campland has proven for the past half-century.”Organizers of the expansion says there is no exact timeline on when restoration will take place. The plans will need to go before environmental review before anything can be done. 1504

San Diego (KGTV)- In honor of Dr. Martin Luther King Jr. Day, hundreds are giving back in the best way they can. This morning volunteers rolled up their sleeves to clean up Balboa Park. 14-year-old Maya Hundley spent the morning planting flowers with her family at the MLK Day of Service Interfaith Project. "I think it's important any day to help out, especially today," says Hundley. "Instead of being lazy or taking it as an extra day off, you can use that time to make a difference in the world." More than 300 volunteers spent the morning cleaning up Balboa Park. "People are doing anything from planting trees and flowers to raking leaves and hauling brush," says Melissa Spence with First United Methodist Church of San Diego. The city's parks and recreation department was on hand, showing volunteers which areas needed the most care. The MLK Day of Service Interfaith Project includes Christians, Jews, Muslims, and Unitarians working together. This is the 11th year the group has come together for the event. "As people of different faiths, we recognize that God gave us this earth we're being called to care for it in the best way that we can," says Spence. Volunteers say they believe this work would have made Dr. King proud."We all look so different, but we're all helping for a common cause," says Hundley. 1330

SAN DIEGO, Calif. (KGTV) - Nearly six years after it passed, Proposition B will be in front of two courts this week, with the future of San Diego pension reform on the line.Prop B was on the ballot in June of 2012 and passed with 65% of the vote. It promised to solve San Diego's pension crisis by giving new City hires a 401(k) style retirement plan instead of a pension. The change went into effect for all city hires except police officers.Since then, it's been mired in legal challenges.Shortly after it passed, union leaders sued, arguing that any changes to union employment agreements have to be negotiated first before they're placed on a ballot. They said that then-Mayor Jerry Sanders violated that rule when he openly campaigned for the Proposition in 2012.In 2015, the State Labor Board agreed with the union claims.That ruling went to the California 4th District Court of Appeals, who overturned the Labor Board's findings in 2017.In 2018, the State Supreme Court reversed the 4th District's ruling. The Supreme Court sent the issue back to the lower courts to decide what an appropriate "remedy" would be to Sanders' improper campaigning."They did not say 'Overturn Prop B.' They could have," says Reform California's Carl DeMaio, who wrote Proposition B. "They said, 'Hey, district court, find out how you punish the City of San Diego for this violation.' What’s the punishment? A slap on the wrist, a speeding ticket?"The 4th District will hold an open session on Monday, March 11 to begin that process. DeMaio says if the District Court rules to overturn Prop B, he plans to appeal that decision."Do you think they’ll actually overturn the citizens initiative? If they do, we will counter-sue on the punishment phase," says DeMaio.Meanwhile, the US Supreme Court will also look into the Proposition this week. On Friday, they'll decide whether or not to hear a case based on the First Amendment. Supporters of Prop B say the California Supreme Court's ruling violated Mayor Sanders' First Amendment rights of free speech and his ability to openly support or oppose items on a ballot."The issue is whether for not elected officials have first amendment rights," says DeMaio. "Can an elected official actually give an opinion on a ballot measure? I think yes. Even if I disagree with that opinion, it is their constitutional right. He doesn’t lose his personal free speech rights to take positions once he's elected."The US Supreme Court will announce their decision on Monday, March 18th. 2515