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SAN DIEGO (KGTV) -- For decades internal documents about officers' use of force were limited to just law enforcement.A new California law changed that, and now some of the most private materials are being released to the public.Documents released by the San Diego Police Department show how incidents are investigated and what type of evidence is collected before use of force cases are submitted to the San Diego County District Attorney's Office.10News asked the department to analyze a case to help the public understand how a report is created. An internal affairs captain also explains how the public getting access to internal documents is helping bridge the gap between the department and the people it serves.2016 Officer-Involved ShootingIn November 2016, Juan Carlos Fernandez shot four people, killing two in the 3800 block of Marlborough Avenue. Police shot and killed Fernandez after officers repeatedly ordered him to lay on the ground, but he refused and continued pointing the handgun at a female, according to police. A 2016 San Diego Police Department press release stated, "An officer, fearing for his life and the safety of the female, fired one round from his service weapon. The round struck the suspect, knocking him to the ground. The suspect was pronounced deceased at the scene by paramedics."The San Diego County District Attorney's Office cleared the officer in the shooting.Under a new California law, Senate Bill 1421, the investigative file and supporting audio and video documents were released to 10News through a public records act request.10News asked the department to talk about what goes into an investigative case file and how the department investigates its own after an officer-Involved shooting.Case Deconstruction"The initial examination is going to be from a criminal standpoint, and the homicide unit is going to roll out there, and they are going to start their investigation," said Internal Affairs Captain Wes Morris.Part of the homicide investigation includes an initial walkthrough at the scene.Using the documents released to Team 10, an initial audio walkthrough of the 2016 shooting identified 15 law enforcement officials, including the officer involved in the shooting, a representative from the San Diego County District Attorney's office, and a member of the Internal Affairs Department."You can get very accurate information right away, and you can start to get a feel for what actually occurred," Morris told 10News.Morris said the homicide team would speak with anyone who was at the location of the shooting, anyone who could have been at the location, and/or anyone who was close to the location and knew anyone involved.All the evidence collected goes into what's called an Officer-Involved Shooting Report.Using the 2016 case as an example, the department report totaled 612 pages. While some of the information was redacted, the report contained sub-reports including: forensic biology report, chain of custody report, firearms lab report, crime scene lab report, vehicle report, witness statement, officer interview, death in custody report, property report, DNA sample report and a report with 586 pages of photos. The San Diego Police Department also released more than 100 audio and video recordings of 911 calls, radio traffic, witness interviews, officer interviews, and body-worn camera."It's not a rubber stamp," Morris said. "There's a lot of work that goes into it. People that really do want to find the truth of what happened in these types of incidents."The report is turned over to the San Diego County District Attorney's Office.According to the DA's website, "The police agency with jurisdiction over the location of the shooting or death conducts the primary investigation of the incident. After the police agency completes their investigation, the District Attorney's Office reviews it, which it does for all officer-involved shootings and in-custody deaths in San Diego County. If the District Attorney wants additional information to supplement the investigation, a request can be made to the jurisdictional agency to obtain the information, or the District Attorney's Office can conduct the additional investigation. The District Attorney's Office does not do a separate, new investigation of the incident." The District Attorney's Office states that when a review is completed, "If the District Attorney's Office determines there is criminal liability, charges will be filed against the officer or deputy. If there is no criminal liability, a letter is written summarizing the facts, evidence, and available statements of those involved. The letter is delivered to the Chief of Police or Sheriff of the jurisdictional agency indicating the actions of the officer or deputy was legally justified. The letter is also posted on the DA's website where any member of the public can read it."If there are no criminal charges pending, internal affairs will take the criminal investigation and do their investigation. Internal Affairs "With an officer-involved shooting, the most important thing we're looking at was if that use of force was within our policy," Morris said.He explained when the case gets to internal affairs, it is assigned to a detective sergeant. The detective sergeant will review the entire case, looking at whether the lethal use of force was within the department's policy and if the officer followed the proper procedures."There are times where we will bring that officer back in again and interview them," Morris said. "We narrowly focus it to what we're looking at, but we may interview them on something that we've seen or some sort of policy and procedure concern, or it could be something outside of that particular use of force."Morris said once the detective sergeant's investigation is complete, it will be put through a review process in-house. The completed investigation will be submitted to the Community Review Board on Police Practices (CRB)."Their main task is to make sure that we haven't left any stone unturned and that we've looked at every aspect of the investigation and that our investigation is thorough, complete, and impartial," Morris said. 6178

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) - Extended construction work next to Friars Road has drivers wondering when the Mission Valley street will be back to normal.What is normally a four-lane road is now two, as SANDAG completes an million project. Crews are taking out a bridge with one track on it and replacing it with three bridges and four tracks. Two tracks will serve the Coaster and heavy freight trains. The other tracks are for the blue line trolley to La Jolla. “Every day that I have to pass this, it's just an eyesore,” said Katherine Whitley, who has spent two years driving through construction. “It clogs traffic. Everybody knows Friars Road has grown and grown and this isn't the right place for this to be.”RELATED: Gas main break prompts SR-163 closure in Mission ValleyBicyclists are also concerned about construction danger.“The cars going that way are passing me going 55 miles an hour about three feet away from me. So it feels pretty sketchy,” said Greg Zackowski.SANDAG said it is doing everything it can to minimize the impact of construction. The equipment can’t be put in the San Diego River because of the environmental impact. Moving gear on and off Friars Road would have delayed the project, SANDAG said.RELATED: Massive development proposed next to Fashion ValleyWithin six months, SANDAG hopes to have enough work done to move out most of the equipment. All of Friars Road should be finished by the end of 2019. 1446

SAN DIEGO (KGTV) — Gov. Gavin Newsom has vetoed a bill that would have required the State Justice Department to verify hunting licenses with Fish and Wildlife before approving a firearm sale to a person under 21.The proposed legislation came after ABC 10News uncovered that suspected Poway Synagogue shooter John Earnest purchased the weapon used in the April 2019 attack with an invalid hunting license that went unchecked. Earnest was only 19 at the time he bought the assault-style weapon from San Diego Guns, when the state's age-limit was 21. The age limit, however, remained 18 for those who possessed a valid, state-issued hunting license. The Justice Department does not verify hunting licenses with Fish and Wildlife, instead leaving it to the gun shop to make the only determination. The governor said creating the verification system would require a 30-month information technology project and could disrupt other firearm technology systems in development under seven other bills. "I am concerned that adding an information technology project will impede DOJ's ability to perform the work it has already been tasked," Newsom said in a veto statement. In an interview Wednesday, State Sen. Anthony Portantino expressed shock and disappointment that Newsom vetoed the legislation. "It's a loophole that needs to be closed," he said. "You can't have a system that relies on the validity of a license not being checked to make sure that that license is actually valid. The whole goal is to keep guns out of the wrong hands. This shooter in Poway got a gun based on a faulty license."Portantino vowed to continue pushing for the change, either through the governor's budget in January or a new bill next year. When making the purchase, Earnest presented a state hunting license that was not valid until July 1, 2019, two months after the alleged attack. That technicality meant the sale should have been rejected, Portantino said. It was Portantino's law that raised California's purchase age limit to 21 but created the hunting-license exemption for those 18 and older. Portantino's bill, Senate Bill 914, would have required the Justice Department to verify hunting licenses with Fish and Wildlife before approving a firearm sale to someone under 21. The bill passed both houses of the state Legislature before failing on the governor's desk.Still, legislators and Newsom did act in the aftermath of the shooting, by eliminating the hunting-license exemption for semi-automatic, center fire weapons. It still exists, however, for other guns, including bolt-action rifles and semi-automatic rimfire weapons. Israel Dahan, whose daughter Noya was injured by shrapnel during the attack, declined to comment, citing ongoing litigation related to the shooting. He said, however, that Noya, now 10, will likely need another minor surgery. He said physically she is holding up okay, but is still dealing with the aftermath psychologically.Earnest allegedly carried out the shooting the day after he picked up the gun, killing one congregant and injuring three others, including a child.A worker who answered the phone at San Diego Guns declined to comment Wednesday. 3176

SAN DIEGO (KGTV) -- Famed stand-up comedian Jo Koy is being recognized by the City of San Diego in honor of Filipino American History Month.On Friday, Oct. 16, District 6 City Councilman Chris Cate will proclaim the day “Jo Koy Day” in San Diego. The ceremony, which will take place in Mira Mesa on Friday afternoon, will be emceed by ABC 10News reporter Melissa Mecija.The 49-year-old Jo Koy, whose real name is Joseph Herbert, has established himself as one of the most popular comedians in the world in recent years, with several Netflix specials, sold-out comedy tours, and other media endeavors under his belt.In a statement, Cate, a second-generation Filipino-American, said: “Jo Koy is iconic and a trailblazer. His homage to the Philippines has reached the lives of millions of people worldwide. Filipino cuisine, culture, and arts are flourishing in District 6, and I am excited to celebrate Jo Koy and recognize his accomplishments.”According to Cate’s office, 1 in every 3 District 6 residents is of Asian-American descent. The district consists of Clairemont Mesa, Kearny Mesa, Mira Mesa, Rancho Pe?asquitos, and Sorrento Valley.Cate’s office added: “Filipino American History Month commemorates the first recorded presence of Filipinos in the continental United States, which occurred in October of 1587 when Luzones Indios landed at what is now Morro Bay, California. Filipino Americans are the second largest Asian American group in the nation and the third largest ethnic group in California. San Diego is home to one of the largest concentrations of Filipinos, with more than 200,000 Filipinos residing in America’s Finest City.” 1654

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