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SAN DIEGO (KGTV) — Heartwrentching video of a humpback whale tangled in fishing net off of San Diego's coast prompted wildlife experts to react quickly.But the whale's condition is unknown after rescue crews were unable to help the animal.The video was captured Friday by Domenic Biagini, owner and captain of Gone Whale Watching San Diego. What appeared to be another spectacular whale sighting turned into heartbreak."We got really excited because we saw these giant splashes," Biagini told 10News' Amanda Brandeis. "From that elation to kind of, pure heartbreak."RELATED: The world's smallest whale on the brink of extinction in the Sea of CortezNOAA and SeaWorld crews were notified of the whale. But SeaWorld said the whale was swimming too fast for them to continue rescue efforts."15,000 pound animal jumping out of the water next to a small boat that they're trying to use to rescue it is extremely dangerous, " said Biagini.Now the hope is agencies further north are able to find the whale to make sure it is freed from the netting.The face of the 30-foot whale appeared to be tangled in green fishing net. The netting was a drift gill net, which hangs vertically in the water and could measure up to a mile long.RELATED: Boaters warned to watch out for newborn gray whales during late migration"They are notorious for being dolphin, whale, and sea lion killers," Biagini said.Biagini said at one point, another humpback whale arrived and swam by the tangled whale."To see something that graceful, that gentle, that harmless go through something like this that's 100 percent caused by us, there's no debate on it. It's maddening," says Biagini. "For me. that's when I really started to get emotional because these are very sentient animals that do feel a wide range of emotions."This season, boaters are already being warned to watch out for newborn gray whales making their way from Alaska to Baja, Mexico. Biagini says some adult gray whales may give birth during the trek south because of the late migration. 2028

SAN DIEGO (KGTV) -- Homicide investigators have been assigned to look into a deadly fire in Logan Heights that claimed three lives. According to the San Diego Police Department, the investigators have been assigned “out of an abundance of caution.”Investigators will work closely with the metro arson strike team also looking into the incident, the department says. The fire started at a home on the 3100 block of Clay Street around 4:30 a.m. Sunday. 44-year-old Jose Romero died at the scene while his wife and daughter, 46-year-old Nicolasa Maya-Romero and 21-year-old Iris Romero died at the hospital in the days following the blaze. The family’s 23-year-old daughter and 16-year-old son remain in the hospital. The family’s oldest son, a 26-year-old, was unharmed in the fire. The 26-year-old said he awoke Sunday morning to find his bed on fire. The man told 10News he tried yelling at his family to get out of the home."My dogs were jumping on me, trying to wake me up. I woke up. When I woke up, my bed was on fire. I jumped out of bed and started screaming the house is on fire," said Wilber Romero.According to the San Diego Fire-Rescue Department, firefighters had to go inside the home to pull many of the victims out.A GoFundMe has been set up to help the family with funeral expenses. At this time, it’s unclear what sparked the fire. 1355

SAN DIEGO (KGTV) - Hundreds of criminal cases are being examined and reviewed to make sure prosecutors got the right result. That mission is part of the San Diego County District Attorney’s Conviction Review Unit. The unit has been around for about two and a half years, but there are new visible results of its work.Investigators say Donnell Fulcher shot and killed Roberto Rodriguez shortly after midnight on September 10, 2006.Rodriguez’s pregnant girlfriend was wounded but survived. According to court records, investigators connected Fulcher to the scene in part through DNA evidence found on a glove. Fulcher has always maintained his innocence. “We argued that he was not involved at all,” said his defense attorney, Knut Johnson. “There was also in my view, evidence of some other people who are very likely candidates for people who might have committed this crime.”Because of changes in the way DNA is now analyzed, Fulcher got what most defendants will never see—a chance at a new trial.“The prosecutor’s role is to ensure justice before, during, and after trial. This unit is just another way we can fulfill that mission,” said Bryn Kirvin, the deputy district attorney who leads the conviction review unit. Part of their efforts went into looking at all cases where there could be DNA mixtures, meaning more than one DNA profile in a sample.That’s because guidelines by SWGDAM (Scientific Working Group on DNA Analysis Methods) changed the way they interpreted DNA. “They decided [they wanted] to take a more conservative, a more cautious view when analyzing low-level mixtures,” Kirvin said.According to the District Attorney’s office, approximately 1,525 defendants were tried to jury verdict between 2003 to 2016 for serious or violent crimes. Most did not involve DNA, but in 351 cases, DNA was used at trial.Of those, 254 defendants’ cases involved mixtures. That included Fulcher’s case. Team 10 was in court on October 29th when Fulcher chose to plead guilty to voluntary manslaughter and assault with a firearm, instead of going through another trial.The judge sentence Fulcher to 14 years, but he received credit for time already served. He has since been released.Prosecutors with the unit did not talk specifically about Fulcher, but emphasized their mission of finding justice. “Anything about the case that gives us doubt that we lose our confidence in the conviction, we shouldn’t be afraid to act. We should be running to the courthouse to act,” said Deputy DA Brent Neck who also works with the conviction review unit.In Fulcher’s case, prosecutor Hector Jimenez still believes they got the right individual. “We still believe that we have the right guy, but we lost confidence in the conviction, so we wanted to give the defendant a chance to have a new trial if he wanted,” he told Team 10 on October 29.“He chose to plead guilty instead, so at the end of the day, I believe justice was done.” Anyone can apply to get a conviction reviewed, but there are guidelines.The conviction must have happened in San Diego County Superior Court, the person must still be in custody, and the conviction must be for a violent or serious felony.There must also be some type of credible evidence of innocence. “It doesn’t matter how old the case is. We’re going to be willing to go back and look and make sure that we got it right,” Kirvin said.  3412

SAN DIEGO (KGTV) - For comic, movie, and science-fiction fanatics, getting to Comic-Con is a dream come true.For one San Diego military family, it was extra special because experiencing it as a family was never guaranteed. "I actually brought Mason and Annabelle when he was on deployment to Syria, and he was kind of bummed he wasn't coming," said Lindsey Stacy, referring to her husband Kenton.It was on that deployment when Kenton, a Navy EOD Tech, was critically injured by an improvised explosive device (IED). He was given just a two percent chance of survival but ultimately overcame the odds. "He's just made so many miraculous recoveries, and I'm praying there's more to come," said Lindsey.While Kenton's story has inspired thousands around the world, few know of his love for all things cartoons and superheroes. Their firstborn Logan was named after X-Men's Wolverine. "I always said he's this big tough guy but he's like a comic book and Star Wars nerd underneath!"So Lindsey put out the call for help to bring Kenton to Comic-Con."People were just so willing to help make this dream come true for Kenton," she said. Both Comic-Con International and the Comic Book Legal Defense Fund stepped up to provide the family and Kenton's caregivers with four-day badges. The convention says it's dedicated to serving people of all abilities; providing a rest area, loaning out wheelchairs, and providing volunteer sign language interpreters for deaf guests. "Things are different now, and we can't be out as long, and we just tailor it to his needs, but we're just so happy to be here and have him home with us and be able to actually just reintegrate our lives back together again," said Lindsey. "I would say to us, he's our superhero." 1751

SAN DIEGO (KGTV) - Having fun, San Diego? California ranked first in the U.S. for most fun states in a WalletHub survey.States were evaluated on factors that make fun a way of life. The top states offered a variety of activities for everyone to find a source of enjoyment.Cost was a consideration, too. WalletHub compared states for indicators of a good time that isn’t too expensive.Here’s how California breaks down, per capita: 438