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SAN DIEGO (KGTV) -- A second lawsuit has been filed by family members of a mother and daughter killed by a YouTube star in a deadly wrong-way crash last year.18-year-old Trevor Heitmann, known as McSkillet on YouTube, drove his McLaren the wrong way on I-805 in August 2018. The crash killed Aileen Pizarro and her 12-year-old daughter Aryana. This latest lawsuit was filed August 22nd by Angelo Pizarro and Arcelio Garcia. Pizarro is one of the sons of Aileen Pizarro. Garcia is the father of Aryana. A lawsuit earlier this summer was filed by Aileen Pizarro's other son, Dominic, and her father. The lawsuit claims wrongful death and negligence by the City of San Diego and the County of San Diego. The family is also suing Heitmann’s estate. It states that San Diego police received a “mental case” call that Heitmann was “screaming, paranoid and delusional and threatening to harm his mom.”Police were advised by a licensed psychiatrist that Heitmann needed to be “possibly placed on a 5150 mental hold,” according to court records. However, officers did not speak to or evaluate Heitmann to determine if he was a danger to himself or others. The lawsuit also states that “one or more of the Police Officers represented or implied that they were part of a San Diego County Psychiatric Emergency Team.”Team 10 reached out to both county and city officials. As of Wednesday afternoon, there was no comment regarding the lawsuit from the city. A county spokesperson said they have not seen the lawsuit yet. Cynthia Chihak, the attorney for Pizarro and Garcia, sent Team 10 a statement which reads in part:"I am privileged to represent Angelo Pizarro, the son of Aileen Pizarro, and Arcelio Garcia, the father and sole heir of twelve year old Aryana Pizarro, who were killed on August 23, 2018 when their car was struck head-on by a McLaren automobile driven by Trevor Heitmann... This family is not excusing Mr. Heitmann’ s reckless behavior, but believe this tragic loss of three lives could have been prevented if the City of San Diego has taken seriously earlier reports of his violent and dangerous behavior. The loss suffered by this young man Angelo, of his mother and sister and the loss to Mr. Garcia of his daughter can never be rectified. But with this lawsuit they hope to bring to light the inaction of the City and prevent any other family from suffering their grief."10NEWS RELATED COVERAGE:Popular YouTuber identified in wrong-way I-805 crash that killed mother, 12-year-old daughterYouTuber's parents requested psychiatric evaluation before deadly I-805 crashNeighbor says police were called to YouTuber's home the day he died in wrong-way freeway crashHow YouTuber in I-805 crash made small fortune with gaming videosSon remembers mother and sister after release of driver's autopsy in deadly 805 crash 2829

SAN DIEGO (KGTV) — An Ohio man accused of pepper-spraying 11 San Diego Police officers during a demonstration last month has pleaded not guilty.Denzel Draughn, 28, pleaded not guilty on Wednesday to felony counts of unlawful use of tear gas against a peace officer and 11 felony counts of use of force against a peace officer.On Aug. 28, a group of demonstrators protesting the shooting of Jacob Blake in Kenosha, Wisc., marched through downtown San Diego.See Sky10 video of the demonstration below:Police say that as the group neared 9th and E Streets, a vehicle that was following the group failed to stop at red lights. After police stopped the driver, a crowd began to form near the car and officers who pulled the vehicle over.SDPD says that the group ignored demands to back up from the scene, prompting one officer to pull out pepper spray. Police say one person tried to knock the pepper spray out of the officer's hand, forcing the officer to discharge the spray.Several police officers then tried to arrest the person. As the officers were placing the person in custody, a pepper spray canister fell on the ground. Officers say Draughn picked up the canister and sprayed it twice, hitting 11 officers.SDPD says Draughn fled but was later found and arrested.If convicted, Draughn faces probation to 11 years in jail. He was released on 0,000 bail Wednesday evening."Peaceful protest is a time-honored tradition in our country, and now more than ever it’s critical that we protect an individual’s important First Amendment right. The majority of those protesting in our County are doing so peacefully. But when protests turn violent, it is an insult to the rightful expressions of peaceful protesters, and we must act to protect the community," District Attorney Summer Stephan said in a statement. "Protesting is an inalienable right recognized by the U.S. Constitution. Rioting, burning down businesses and assaulting peace officers are crimes that will be prosecuted." 1990

SAN DIEGO (KGTV) -- A South Bay homeowner contacted Team 10, saying his homeowner’s association towed his car even though he has parked in the same spot for years.Cecilio Nazareno has lived in the Rolling Hills Ranch community since 2005. “It’s a nice neighborhood,” Nazareno said.He has never had any problems with his HOA until recently. Navarro went on vacation with his wife late last year for a couple weeks.He parked his car in front of his home, but when he returned it was gone. “We were shocked because my car… was missing,” Nazareno said.He thought it was stolen, but when he contacted property management, someone told him it was towed. “The person that I talked to knew it was my car. [He] said we towed your car because it was abandoned,” Nazareno said.The bill was more than 0. “It’s a lot of money for me, especially being retired,” the military veteran said.Navarro said there were two warnings on his windshield, but he obviously did not see it since he was out of the country. “Give us time to correct it. While you're on vacation and your car is parked, you don't have time,” Nazareno said.Team 10 contacted the property management company and got a response from Rolling Hills Ranch Community Association. General Manager Haley Murphy cited a rule that said certain vehicles cannot “remain parked on any street adjacent to the Property for more than twenty-four (24) continuous hours.”However, Team 10 found the rule was for oversized vehicles, not regular sized cars.Murphy then pointed out a different rule: “Any vehicles which would be considered abandoned over 72 hours are subject to regulations… and vehicles that can’t be driven must be kept in the garage or removed.” “I said, how can you say abandoned? I used that car and parked here since 2005,” Nazareno said.“When I was in the military I would leave it here for weeks on out.” Team 10 asked why Navarro was being towed now.Murphy would not answer that specific question, but cited yet another rule that said: “Any vehicle parked for more than 72 hours in the same space is subject to tow with no further notice.” Murphy said that because he lives in “the gated section of the community with private streets,” there are additional restrictions on parking. Nazareno said he, along with several of his neighbors, have never seen this rule.Attorney Dan Zimberoff is not affiliated with the case, but sees a lot of issues similar to Nazareno’s situation. “It’s really the three P’s you see a lot. Pets, poop, and parking,” Zimberoff said.He said it is in the interest of both sides to resolve issues before it goes to court. One way is mediation. There are both formal and informal processes.Nazareno no longer has the car, but still hopes for his money back. “For those board members and for those managers that are out there that spend a lot of time trying to get that homeowner, really, if they spent half the resources and the time on trying to build community, then everyone would be in a better position,” Zimberoff said.Murphy would not give Team 10 the total number of vehicles towed, but wrote “the Association has always employed a security company to monitor common area property and perform parking enforcement.”For more information and assistance with HOAs click here.  3276

SAN DIEGO (KGTV) -- A task force assembled by Governor Gavin Newsom wants to impose a statewide mandate requiring local governments to address homelessness, and hold jurisdictions that fail to make measurable progress accountable with lawsuits.The proposal by the 13-member Council of Regional Homeless Advisors would require an amendment to California’s constitution. If approved by voters, California would become the first state with such a mandate.“A legally-enforceable obligation will sharpen focus. It will enhance a bias towards action and it will elevate this on the list of priorities,” said San Diego County Supervisor Nathan Fletcher, a member of the task force.Although the specifics are still under negotiation, the task force outlined an example scenario where cities and counties would have one year to reduce their homeless populations by “tens of thousands.”“These plans would include specific benchmarks and timelines that jurisdictions would have to meet for moving people into permanent housing through both services offered in interim interventions and creation of housing opportunities,” the Council said in its proposal letter.“It won’t be enough to buy your way through with putting up a number of shelters to make the public think you’re taking action,” Fletcher said. “You will actually have to find a way to tackle the underlying problems.”Supporters likened the proposal to California’s renewable energy mandate. It’s still unclear how much the housing mandate would cost.“I would not be supportive of the state coming down on cities like San Diego and saying you have to change the way you do business, change the way you operate, and not give us any money to do that,” said San Diego City Councilman Chris Cate. Cate said he would prefer to address homelessness with a system of incentives rather than mandates and punishments, but said he was reserving judgment on the plan until more details are released.The Council of Regional Homeless Advisors wants to put the issue before voters on the November ballot. To do that, the California Legislature would need to vote by June 25 to send the topic to the ballot. 2150

SAN DIEGO (KGTV) - A vandal left a trail of flattened car tires and angry drivers across a mile-long stretch of Pacific Beach on Monday."Frustrated is the best word I can use," said Jennifer Whetstone. Whetstone discovered a flat tire on her Jeep Wranger near her home on Felspar Street just after noon. Replacing the slashed tire will cost her more 0.Police actually contacted her and her husband on the phone to let them know about the slashing, because officers were already in the area. According to Whetstone, police told her the same vandal had just slashed the tires of six vehicles in a Bank of America parking lot.It all happened in broad daylight, off busy streets. The description of the vandal was provided by a witness to police."He saw the whole thing, heard the pop and then saw a guy on a mountain bike - tall, skinny and wearing a hat - pedal off," said Whetstone.The witness saw the man bike down the street in a hurry. A half mile away, the tire of a Honda minivan was also punctured. 1014

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