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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)- Heart- pounding moments for visitors at the San Diego Zoo Safari Park. Powerful gusts tossed riders on the Balloon Safari from side to side. Riders on the balloon held on tight during the gusty landing. “There were some points where the basket was almost tipped completely sideways,” says Jordan Lapidot, who was visiting the park with her family yesterday afternoon. “I have this image in my mind of this guy, and he’s grabbing the outside of the cage as they get just thrown.”The San Diego Zoo Safari Park says the balloon has a long cable in the middle of the cage that safely brings it down from the sky. That cable never broke during the windy ride. “They were trying to get it down as quickly as possible,” says Lapidot. The Safari Park tells 10News if the wind reads over 29 miles per hour they will shut the ride down. They sent us a statement about the incident, saying in part: “As the sudden storm arrived and winds picked up, some operations at the Park, like Balloon Safari and Flightline were closed to public use.”No one was hurt while on the ride. 1090

SAN DIEGO (KGTV)- Those too busy to vote on Election day can take advantage of early weekend voting. Hundreds went to the San Diego County Registrar’s Office Saturday, to turn in their ballots three days before election day. The Secretary of State announced that voter registration reached an all-time high in California, with more than 78% of the citizens eligible to vote.  393

SAN DIEGO -- The San Diego County Board of Supervisors has voted to support the Trump administration’s lawsuit against California’s sanctuary laws.The board voted 3-1 Tuesday afternoon to support the lawsuit. The board directed that the County’s attorney to file an amicus brief supporting the federal lawsuit.The deadline to file a brief passed, so Chairwoman Kristin Gaspar said the earliest the county can file a brief is if the ruling is appealed to a higher court.RELATED: Escondido City Council votes to support sanctuary policy lawsuitSupervisor Greg Cox was the only one opposed to supporting the lawsuit. Supervisor Ron Roberts wasn’t present for the vote.Among the laws targeted by the legal action is SB 54, which limits cooperation between local law enforcement and federal immigration authorities.Supervisor Dianne Jacob led public opposition to the laws and said she agrees with U.S. Attorney General Jeff Sessions that they are unconstitutional and undermine public safety.RELATED: Justice Department to sue California over 'sanctuary' laws 1093

SAN DIEGO, Calif. (KGTV) - A former assistant at a local nursing home is accused of raping a disabled patient. In a story that you'll first see on 10News, Team 10 investigative reporter Jennifer Kastner discovered the patient was a stroke victim who uses a wheelchair. What may have happened behind the walls of the Paradise Hills nursing home is difficult to process. An accusation of rape seemed to have slid under the radar for almost a year, until now. It was a few months ago when 10News was tipped off about Reo Vista Healthcare Center, which touts being named one of Newsweek's top nursing homes and having a Medicare 5-star rating.This week, San Diego Police confirmed that detectives referred the case to the District Attorney's office, which is charging 26-year-old Ariel Chavarin-Camargo with forcible rape and a "lewd act upon a dependent adult by a caretaker". He is now sitting in a South Bay jail. According to state documents, it happened last February to a 58-year-old woman who uses a wheelchair and was living in the nursing home after suffering from a stroke and panic disorder. The documents report that the morning after the alleged assault, she reportedly came "crying" to a nurse, claiming that the night before, when she was returning from the kitchen and on her way back, "one of the CNAs (Certified Nursing Assistants) stated that one of her breasts was exposed." According to the documents, he “followed her and he exposed his private parts to her". She reportedly said, "the CNA raped her" for up to three minutes. A forensic exam reportedly found male DNA in her private area. According to the documents, when he was later questioned, he suggested that she came onto him but admitted "it happened” and “there was penetration". He reportedly said, "I feel bad. It happened so fast." Prosecutors believe that man is Chavarin-Camargo. He resigned after the reported rape. The administration of Reo Vista Healthcare Center sent 10News the following statement on Tuesday."We are grateful to local law enforcement and the District Attorney’s Office for successfully prosecuting this individual for their crime. Our team took immediate steps last February to suspend the individual, to notify, and to fully cooperate with authorities. We take all matters regarding patient safety and the conduct of staff seriously. Moreover, the actions of this individual do not reflect the values we hold at our facility. Our priority remains to provide the highest level of care for the patient and their families." Chavarin-Camargo’s next court hearing is scheduled for February 11th. 2603