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SAN DIEGO (KGTV) -- A man was arrested at the border then held for nearly three days in a potentially dangerous medical state, according to court documents. In March 2019, Jesus Centeno-Paredes was arrested trying to enter the United States at the Otay Mesa Port of Entry.Centeno was an undocumented immigrant and previously deported from the United States, according to charging documents. His exact charge was attempted entry after deportation.Centeno was taken to the Metropolitan Correction Center San Diego, a federal detention center, but was rejected because of his chronic use of heroin and an abscess on his leg, according to court documents.According to court documents, officials at MCC directed that Centeno be taken to Alvarado Parkway Institute, an inpatient hospital in San Diego County, where he would receive medically monitored detox care. Instead, he was taken to the hospital to treat his leg and then back to the Port of Entry, where he was held for nearly three days and denied medically necessary care to detox from heroin safely, records state.Centeno's attorney argued his client's case is not isolated, and the outrageousness of the government's misconduct is intensified by its repeated denial of adequate detox care while holding detainees at the Port of Entry."They did the minimum, like not even what they had to," Centeno told 10News."It was cold, it was small," he said of his conditions at the facility. "They gave you a blanket, not even a blanket -- foil, a piece of thin foil."10News obtained hours of surveillance video of Centeno in his holding cell.In the video, you can see Centeno curled up under a makeshift blanket. He spent time resting on either a concrete bench or what he described as a thin mat on the ground. 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."At one point, the camera shows Centeno trying to throw wet toilet paper at the ceiling in an attempt to cut off the air conditioning."That's where the ventilation was," he explained. "The air comes in cold, and I'm laying, and the air comes in like this."While Centeno looks calm in the video, he said he's going through major drug detox. Staying still was his coping mechanism.Pain specialist Dr. Clark Smith said it is dangerous not to check the blood pressure of someone going through withdrawal. "It would be medical malpractice," he said.Smith explained people going through heroin withdrawal generally experience elevated blood pressure, nausea, and muscle aches, among other symptoms."I've seen people who looked OK. They didn't have noticeable shaking, and their blood pressure was so high they were going to die either from a heart attack or stroke," he said."[Centeno] should have been given medially basic care for this type of treatment, and he wasn't, and that's scary," said Centeno's criminal attorney Ryan Stitt."People in Mr. Centeno's situation are not convicted of any crime. They are held for days without access to a telephone or communication with the outside world, and they are not given proper medical care. It's really a terrifying cocktail of abuse," he explained.Stitt called Centeno's treatment shocking and said the government knew he required medical care to detox from heroin safely.In court documents, Stitt wrote: "Mr. Centeno's case is one where the government knew he needed care and simply elected to lock him in a cell and not provide the care because the one treatment facility it contracts with was full. Perhaps if Mr. Centeno's case was the first case where the treatment center was full, the government's failure to have a backup plan or to take other corrective action would render the misconduct less serious. However, the record shows that this is not an isolated case and that the misconduct is widespread. Moreover, the government's record keeping in Mr. Centeno's case worsens the misconduct. The records state that Mr. Centeno received medication twice while at the Port of Entry, but the surveillance video from his cell fails to show that he received the medication at the proscribed times. The government also failed to keep medical records for his stay at the Port of Entry. This failure is striking given the fact that Mr. Centeno's lawyers were objecting in court to his deficient medical care while he was still at the Port of Entry."Centeno was eventually taken to Alvarado Parkway Institute when bed space became available and treated for withdrawal, according to court filings.When asked by Team10 Investigator Adam Racusin if he thought he was treated humanely, Centeno said: "I think they treat dogs better, in the kennels." The U.S. Attorney's Office dropped the charge against Centeno about an hour after 10News finished interviewing him. That U.S. Attorney's Office declined to comment on that decision.As of today, Centeno is back at the San Ysidro Port of Entry. He does plan to file for citizenship, and he is contesting his deportation on that basis. Government's ResponseA spokesperson for Customs and Border Protection told 10News, "CBP does not comment on matters that are currently under litigation."10News pointed out that the charge against Centeno was dropped but didn't hear back.In court filings, the Assistant U.S. Attorney assigned to the case addressed Centeno's allegations: "While defendant was at the POE, records show that CBP conducted wellness checks on defendant's cell virtually every 20 minutes for the entirety of his time there.CBP regularly offered or provided meals, including hot burritos (with a vegetarian option), cookies, snacks, turkey sandwiches, fruit juice, and other meals. The records would reflect if the defendant had refused or failed to receive any meals. He did not. Additionally, a physician assistant and an on-call physician were available if necessary. According to Supervisor Enforcement Officer in the Criminal Enforcement Unit at San Ysidro, Sarah Esparagoza, medical personnel, including physician assistants, are available at the San Ysidro Port of Entry for 16 to 20 hours a day." The government told the judge if someone in custody experiences any significant medical issue while at the Port of Entry, they would be referred to the on-duty physician assistant or taken to the emergency room at a local hospital.According to the court filing by the government, "The conduct at issue here does not rise to the level of cruel and unusual punishment necessary to violate defendant's Eight Amendment rights. As identified below, defendant fails to present any evidence that was in experiencing dangerous symptoms of withdrawal at the POE. What this court does know is that defendant was taken to the emergency room when needed; he was monitored through numerous wellness checks; had access to P.A.s 16 to 20 hours a day; had CBP Officers near—many of whom are also certified EMTs; and access to transportation to the emergency room (again) if needed."Other people going through withdrawalCenteno is not the only one making these allegations of mistreatment in a border holding cell.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."According to court filings, "By 9:00 a.m. each day, the government shall provide a list to the duty Magistrate Judge and Federal Defender of all persons arrested before 6:00 a.m. that day, but who will not be arraigned that day. The government shall also provide the reasons for the delay and the location of the defendants. The government is therefore required to provide the No Body Active List by order of the Court."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 United States Attorney's Office has not turned them over, and said they aren't public documents.Right now the government is facing two other civil lawsuits claiming it did not provide adequate medical care.Not enough resourcesIn each of the cases reviewed by 10News, detainees have been turned away from Alvarado Parkway Institute (API) because of a lack of beds.A spokesperson for API told 10News it provides behavioral health services to the general public in San Diego and the surrounding communities, including various government agencies."We have had a longstanding relationship with federal agencies in the local San Diego area and have provided inpatient psychiatric and detox services to their detainees for years. That work represents less than 10% of the patient population that we treat. The remainder of our patient population is from the San Diego and surrounding communities," the spokesperson said. API told 10News once a patient is admitted, they are monitored around the clock by registered nursing staff, and physicians are on-call 24-hours a day. API detoxification protocols include medication intervention where medicine would be administered based on what the patient is detoxing from, as well as to assist with comfort levels.According to the spokesperson, API is a 66-bed inpatient hospital. 10News asked API how it's possible they can run out of space and how often that happens."Due to the lack of inpatient psychiatric beds in San Diego County, we often operate near or at full capacity. Because of this, it is not uncommon for us to be forced to refer inquires to another facility or turn them away because we are full or we do not have an appropriate bed available. API treats male and female clients with various levels of acuity. Clients are assigned rooms based on a number of factors and space availability depends on the individual's age, sex, presenting problems, medical comorbidities, and status as a criminal or administrative detainee," the API spokesperson told 10News. 10408
SAN DIEGO (KGTV) -- A new study conducted by Zillow shows that more college graduates in San Diego are living with their parents.The share of graduates living with their parents has grown from 14 percent in 2005 to 25 percent in 2016.Similarly, the study found that less graduates are living with a romantic partner. In 2005, 38 percent of college graduates were living with a romantic partner compared to 32 percent in 2016.And it’s not just in San Diego. Nationally, 28 percent of college graduated lived with their parents in 2016 compared to just 19 percent in 2005.“In the mid-2000s, lending standards and an abundant supply of homes made it easier for recent grads to move out and form their own households instead of living with their parents,” said Zillow senior economist Aaron Terrazas. “Those market conditions have changed drastically over the past decade as we went through the housing bust. Adding to that, as many millennials who recently graduated into the Great Recession can attest, underemployment or more precarious jobs make it much harder to save up enough to move out. When rents keep climbing and competition is fierce for the most affordable homes, living with mom and dad can be a good option to build up some savings.”Zillow says when the housing bubble was at its height it was easier to get a loan and the building boom meant there were more homes available. Tighter lending standards and less housing inventory today make it more difficult to break into the home-buying market. 1531

SAN DIEGO (KGTV) -- A new law in New Jersey could have an impact on San Diegans who claim they were sexually abused in the Boy Scouts.Attorneys with the law firm PCVA say they plan to bring new cases under New Jersey's new statute of limitations and window when the new law goes into effect on December 1, 2019.They say the new law will allow survivors in California and other states to file suit against the Boy Scouts for any abuse that occurred during the 30 years that that organization was based in New Jersey."We intend to hold the Boy Scouts accountable under this new Jersey law because the organization knew for decades while its headquarters was based in New Jersey, that thousands of scout leaders had used their position to groom and sexually abuse children," said attorney Michael Pfau. 10News asked San Diego attorney Andrew Van Arsdale how the new law makes it possible for alleged survivors outside of New Jersey to file a legal claim in that state."Their theory is New Jersey was home to this corporate entity for a period of 25 years so during that period of 25 years no matter where that abuse occurred in the country the corporate entity existed in New Jersey, we can sue that corporate entity in new jersey," he said.Van Arsdale is one of the lawyers involved in the group "Abused in Scouting." The group came together after hearing the Boy Scouts were potentially filing for bankruptcy. They began a campaign telling victims that they no longer have to be in hiding."By going to the states or areas where these defendants are incorporated that's a way to get at them," Van Arsdale said. "If these guys out of Seattle are correct and New Jersey was the home of the organization for a period of time they should be able to get them. The same way we're using Washington D.C. to file 1,100 of our lawsuits."Lawmakers in California are attempting to pass a similar version of New Jersey's new law. Assembly Bill 218 was introduced earlier this year by San Diego Assemblymember Lorena Gonzalez.According to the online text, "This bill would expand the definition of childhood sexual abuse, which would instead be referred to as childhood sexual assault. This bill would increase the time limit for commencing an action for recovery of damages suffered as a result of childhood sexual assault to 22 years from the date the plaintiff attains the age of majority or within 5 years of the date the plaintiff discovers or reasonably should have discovered that the psychological injury or illness occurring after the age of majority was caused by sexual assault, whichever is later. This bill would also provide for the recovery of up to treble damages against certain defendants in these actions, and would revive time-lapsed claims in certain circumstances."On Tuesday Gonzalez sent a series of tweets regarding the bill writing, "A moment on our #AB218 easing the statue of limitations for survivors of childhood sexual abuse: I know that school districts are worried that they may be sued. And that will cost public education in the state. I can't say that won't happen. If they covered up the abuse they will be held liable. And they should be. That's the only way we will stop the pattern of abuse that institutions have been covering up for decades. Inaction by sports clubs, schools, churches, Boy Scouts, boys & girls clubs have allowed perpetrators to continue to create new victims. This has to stop. It's time we take child sexual abuse seriously. The threat of pay outs may finally cause these institutions to change."Late Tuesday afternoon 10News wrote the Boy Scouts of America asking for a comment. As of this writing we have not heard back. 3680
SAN DIEGO (KGTV) — A number of San Diegans who were abroad in Peru are now stranded there amid the coronavirus outbreak.On March 15, as the disease spread, the Peruvian government declared a 15-day national quarantine, eliminating travel out of the country. The U.S. government has taken the first 600 American tourists out of Peru, but the San Diegans who are still there say they still don't have concrete information on when it will be their turn. RELATED: San Diegan living in Italy urges others to stay inside amid coronavirus crisisThey say the during the quarantine's first week their calls went largely unanswered, although it appears things are picking up. "It's been a bit of an emotional roller coaster but right now it's seeming that there's light at the end of the tunnel knowing that the State Department is working on repatriation flights, so I'm feeling hopeful right now," said Dr. Rupa Prasad, an anesthesiology resident at U.C. San Diego health.Prasad has been in Peru since March 8 for a capacity building medical mission with Dr. Reema Sanghvi, a U.C. San Diego anesthesiologist on the faculty. Sanghvi says the Peruvian citizens have treated them with a lot of respect and hospitality, but they want to get home to help their colleagues at a critical time. RELATED: FDA approves San Diego company's new coronavirus test-kit"Many of them are suffering with their children home, and so they are unable to come to work, and the ones who are able to come to work are exhausted," Sanghvi said. Andrew Palm, 25, has been living in Lima since December, where he enrolled in a Spanish language immersion program. He says the restrictions are tight, and that military officers will question people on the street who aren't wearing a mask or carrying grocery bags, the only acceptable ways to go outside. "The reason I want to come back home is because I don't know how bad this is going to get," said Palm, whose family lives in Rancho Bernardo. RELATED: Nurses plead for help during coronavirus pandemicA spokesman for the State Department says the department is working around the clock to assist American citizens overseas. He said those abroad should enroll in its smart traveler program for important updates, at step.state.gov. A State Department update on Monday said the Peruvian government has limited repatriation flights to the U.S. to those only arranged by the U.S. government and that citizens should beware of scams. 2453
SAN DIEGO (KGTV) - A judge declared a mistrial Monday in the retrial of an undocumented immigrant accused of being the driver in a San Ysidro hit-and-run crash which seriously injured a young boy.Constantino Banda Acosta was charged with the crash on Camino de la Plaza May 6, 2017.Investigators said Banda ran a stop sign at Dairy Mart Rd. and crashed his pickup truck into the Lake family’s Honda Accord.6-year-old Lennox Lake was in a child safety seat at the back of the car. He suffered serious head injuries.Banda left the scene but was arrested about two miles away after Border Patrol agents spotted his damaged truck parked on a street, police said.RELATED: Retrial begins for undocumented immigrant in crashDuring Banda's first trial, his passenger, Jorge Adame Ariza, also an undocumented immigrant from Mexico, testified under a grant of immunity during the defendant's two-day preliminary hearing in June that he and Banda had a number of beers that night before the accident.Adame said Banda got into a fight with another man outside a Chula Vista restaurant. Adame told them he picked up Banda but later moved into the passenger seat with Banda behind the wheel during the crash.San Diego police Officer Michael Muniz testified in the first trial that Banda's blood-alcohol content measured .151 and .152 percent -- the legal limit is .08 -- during two breathalyzer tests.Federal immigration officials said Banda has been deported from the United States 17 times.Immigration and Customs Enforcement officials told 10News if Banda is not tried again (and effectively not convicted) he may or may not be deported. ICE has requested that he be forwarded to the agency's custody upon any potential release. Banda's release will be subject to the Sheriff's Department under the California Sanctuary Law, ICE officials said. A judge will decide Friday whether a third trial will take place. 1938
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