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SAN DIEGO (KGTV) -- A judge ruled Wednesday that a Navy commander will face a third trial on charges he tried to rape a junior officer in her home.John Michael Neuhart II asked the judge to dismiss all charges after a second jury was unable to reach a verdict.The judge dismissed charges of assault with intent to commit rape during burglary, burglary and resisting or delaying a peace officer.RELATED: Mistrial declared for former Navy commander accused of rapeThe judge added that prosecutors can proceed with a third trial in January on charges of attempted forcible rape and assault with intent to commit rape.Neuhart now faces six years behind bars and lifetime sex offender registration if found guilty. Neuhart had previously been facing life in prison.In the two trials combined, 21 out of 24 jurors voted to convict Neuhart. The alleged victim said Neuhart sexually assaulted her after they spent time drinking and hanging out with colleagues in 2016.RELATED: Mistrial declared in trial of former Navy commanderThe woman said Neuhart took off her pants and underwear and was physically violent with her. In cell phone video recorded by the woman, she can be heard telling Neuhart to stop as he tried to get the door open. 1238

SAN DIEGO (KGTV) — A nurse who pleaded guilty in the brutal death of her boyfriend's baby has been granted parole."Angry, angry," said Deanna Stanley, the grandmother of 7-month-old Nicole Alegado.Stanley spoke to 10News after attending a state parole board hearing Thursday and learning the woman who killed her granddaughter was granted parole.Back in 2008, in order to avoid a trial, the baby's family supported a plea deal. "Emotionally we couldn't handle it," said Stanley.Eileen Villamajor, a nurse living in National City, pleaded guilty to second-degree murder in the killing her boyfriend's daughter, saying she was frustrated by her cries. She was sentenced to 15 years to life."Eileen picked her up by the hair and threw her to the ground twice. Nicole remained crying. Eileen held her head in her hands until she heard it crack, at which time Nicole stopped crying," said Stanley.Stanley sat through those unbearable details at Villamayor's parole hearing in Corona. She listened to Villamayor's petition, including her good behavior in prison and completion of classes to control her emotions. Stanley is still convinced Villamayor is dangerous."For someone to do something that something horrific with their hands ... I don't know if you can cure that in a class," said Stanley.Stanely says Villamayor showed no remorse during the hearing but revealed something new about the motive, which involved about Nicole taking up her father's time."She said she hated Nicole, resented Nicole. To me that shows premeditation. If we had gone to trial, I think she would have been convicted of first-degree murder," said Stanley.In the end, the parole board deciding to grant Villamayor parole. She could serve 13 years and 7 months of a sentence of 15 years to life. Proposition 57 passed in 2016 allows her to accrue good behavior credits which can reduce a life sentence."There is no justice here," said Stanley.The earliest Villamayor can be released is March 2020. The family has 120 days to appeal to the governor's office to overturn the decision, which they plan to do. The District Attorney's office, which backed the family at the hearing, says they will likely write a letter urging the governor to overturn the parole decision. 2250

SAN DIEGO (KGTV) – A San Diego fire captain convicted of domestic violence was sentenced Wednesday.Steven Michaels received three years probation, 52 weeks of counseling and 180 days of custody which will be served in a county parole and alternative custody program, according to City News Service.Michaels, a veteran fire captain with the San Diego Fire-Rescue Department, pleaded guilty in 2017 to shoving his girlfriend against a wall and refusing to let her use a phone to call for help, CNS reported.RELATED: Veteran San Diego fire captain pleads guilty to domestic violence chargeMichaels filed a request to have the felony charge reduced to a misdemeanor, but Judge Timothy Walsh denied the request citing a history of alcohol-related incidents of domestic violence.The felony conviction will likely cause Michaels to lose his job."He's taken away his career," said Walsh," if there is a career left. Four times!"When asked if Michaels was still employed by the department, Monica Munoz, a spokesperson for San Diego Fire-Rescue, only said, “we can’t give information about personnel issues.”10News has also requested comment from a spokesperson with SDFD's personnel department. Public records website, Transparent California, shows Michaels made 3,407 in 2016.The victim, Jane Doe, initially told investigators she feared for her safety, according to prosecutors. However, at the sentencing hearing she told the court she did not wish for Michaels to be convicted.Verna Tabor with the Center for Community Solutions says it is not uncommon for victims to blame themselves. Her organization has a 24-hour tip-line for anyone who wants resources for domestic abuse.The number is (888) DV-LINKS or (888) 385-4657. 1745

SAN DIEGO (KGTV) – A man was stabbed to death in San Diego’s Gaslamp Quarter early Wednesday morning, and police say one person was detained in connection with the incident.At around 2:30 a.m., San Diego police responded to reports of a stabbing in the 400 block of Fifth Avenue, near J Street.When officers arrived, they saw a man in his 40s with a stab wound on his chest lying on the ground with a woman trying to keep pressure on the injury.The victim was rushed to UC San Diego Medical Center, where he later died from his injuries.After the victim gave police a description of the attacker, officers spotted and then apprehended a man believed to be linked to the stabbing.ABC 10News learned the man was detained for questioning.SDPD Lt. Andra Brown said the incident is under investigation, but it appeared the stabbing took place following an exchange of words between the victim and his friends and another group of people. 940

SAN DIEGO (KGTV) -- A San Diego County sheriff’s deputy was arrested and charged with multiple sex crimes involving minors.Chula Vista police said they received anonymous tips via Crime Stoppers on April 9, 2020, “regarding an unidentified adult male suspect, who engaged in sex acts with an underage victim. Investigators were able to identify the suspect and also determine that there were two additional underage victims.”During the probe, investigators identified the suspect, 27-year-old Jaylen Fleer, as a correctional deputy with the San Diego County Sheriff’s Department.According to CVPD officials, Fleer surrendered to investigators on Wednesday, July 22. After being processed at CVPD headquarters, he was transported to the sheriff’s Vista Jail.Jail records obtained by ABC 10News show Fleer was booked on 15 charges, including oral copulation with a person under 16, luring a minor for a sex offense, and sending harmful material to seduce a minor.Chula Vista police noted that the sheriff’s department “cooperated and assisted with the investigation.”In a statement, the San Diego Sheriff Department said that Fleer was placed on administrative assignment when the department was made aware of the possible incident and that because of the seriousness of the allegations, his authority as a peace officer was taken away. SDSO added that since being placed on administrative assignment, Fleer has had no contact with the public. The department's statement continued: 1487