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SAN DIEGO (KGTV) -- A San Diego man convicted of murder will be a free man, decades before his scheduled release.Donnell Fulcher’s conviction for a Barrio Logan murder in 2006 was overturned due to changes in DNA standards, said Deputy District Attorney Hector Jimenez.On Tuesday, Fulcher pleaded guilty to voluntary manslaughter and assault with a firearm rather than go through a third trial. The judge sentenced Fulcher to 14 years, but he received credit for time he already served.Because of that, Fulcher will be released from custody tonight or tomorrow. This result comes after the San Diego County District Attorney’s Conviction Review Unit took a second look at cases involving DNA mixtures, meaning more than one DNA source is found in a sample. Fulcher’s case relied heavily on this type of evidence.The top forensic science group that analyzes DNA released guidelines that are now more conservative, which affected Fulcher’s case. Earlier this year, the District Attorney’s office agreed to give Fulcher a new trial.“We still believe that we have the right guy, but we lost confidence in the conviction so we wanted to give the defendant a chance to have a new trial if he wanted. He chose to plead guilty instead, so at the end of the day, I believe justice was done,” Jimenez said. Fulcher has always maintained his innocence.“I don’t think you can put any limit on the happiness that going free can have for someone who’s serving a life sentence. He is very, very happy. His family is very happy. This is really a joyous moment for all of them,” said Fulcher’s defense attorney Knut Johnson.This would have been Fulcher’s third trial. His first trial ended in a mistrial. 1695
SAN DIEGO (KGTV) -- A San Diego family wants to warn other about daytime burglars who may be posing as door-to-door salespeople.The Alvarado family just moved to a home in Allied Gardens. It is a safe neighborhood, but they noticed there are a lot of solicitors.Tuesday afternoon they were burglarized by a couple of young men wearing matching outfits.“I left the house for 25 minutes to pick up my daughters from school," Vanessa Alvarado said. "When I was coming down the street I noticed two young men walking quickly down the street, from my driveway, carrying both my guitars."Her daughters were also in the car as they drove up to their home, and burglars.“They looked up and saw me. They knew who I was,” Alvarado said. "They knew my car and they just sped down the street, made a sharp right turn."One of her daughters noticed the young men’s matching clothes.“I think they looked like salesmen. I noticed one of the had a binder in his hands with several things on top, which turned out to be my personal belongings,” Alvarado said.The home was locked at the time of the burglary.The thieves went into the backyard and broke in through a bedroom window, which was open a few inches but had a stopper device on it aimed to prevent anyone from opening the window further.Regardless, the thieves pried off the screen, and pushed the window open.The men made off with numerous items, including guitars, Kindles and jewelry. They left no fingerprints.“I went from trying to be strong for my daughters to realizing my wedding rings were gone and at that point, my heart just shattered into a million pieces,” Alvarado said.Now, the family is getting security cameras and they have dowels in the windows so they can't be opened. 1744
SAN DIEGO (KGTV) - A man who was injured in a fire above a business near Belmont Park in Mission Beach has died.The San Diego County Medical Examiner's office announced the death of 36-year-old Aaron Porter, Wednesday evening.For the last 20 years, Richard Ghozul has worked at Kojack's Greek and American Food, and has lived in the upstairs apartment. Tuesday morning at around 6 AM, the 70-year-old was fast asleep until flames began crackling above his ceiling. “My apartment [is] gone, everything," Ghozul said. With the help of a lifeguard who ran into the apartments, Ghozul barely made it out alive. But Aaron Porter, the man who just moved in next door, did not. According to the County Medical Examiner, Aaron Porter died at UCSD Medical Center after suffering major thermal injuries.“He is always busy. He works on the fishing boat," Ghozul remembered of Porter. “I’m very sad for him. Too much smoke happened to him.”Early mornings and late nights, Porter worked at Aztec Sportfishing. We spoke to the owner, Dacia Gawitt, who said Porter worked with them every tuna season for the last four years as a deckhand. Gawitt sent 10News this statement: 1187
SAN DIEGO (KGTV) — A growing number of teens report feeling lonely or left out according to a new study out of San Diego State University. The research was authored by psychology professor Jean Twenge and published in the Journal of Social and Personal Relationships. Among the findings:High school seniors who reported feeling lonely went from 26 percent in 2016 to 39 percent in 2017.High school seniors who said they often felt left out rose from 30 percent in 2012 to 38 percent in 2017. The data was collected from surveys of 8.2 million U.S. adolescents between 1976-2017. 589
SAN DIEGO (KGTV) -- A San Diego couple is challenging a luxury carmaker after their BMW SUV suddenly caught on fire. The Pearsons said they bought a BMWx5 in August 2018 because they thought it would be safe and reliable. In December, they replaced the battery at BMW of Escondido. The next month, Lisa Pearson was driving on Interstate 15 when she noticed a warning light showing an airbag and parking brake error. She pulled over and noticed smoke coming from the back of the car.“It happened so fast,” Lisa said. A fire had started from the rear of her vehicle. A passing tow truck driver stopped to help put out the smoke and flames. Firefighters told her it could have been a different story if her children were inside in their car seats. “It was really nerve wracking,” Lisa said. “I was really thankful since I saw that the fire was happening in the back of the car that the kids weren’t there.”They said their SUV was a total loss. It was after the fire that the Pearsons ran into even more problems. When BMW of North America inspected the vehicle, they blamed it on “an improperly secured connection of the battery cable." In the letter to the Pearsons dated February 29, 2019, Executive Customer Care Representative Michael Pigoncelli wrote, “BMW NA cannot accept responsibility for any damage, injury, or loss associated with the fire…” BMW of Escondido disagreed with corporate’s allegations, writing to the Pearsons that “the repair was done as per the BMW guidelines.” “It just seems that they’re pointing fingers at each other. Nobody cares about us or the consumer,” said Ryan Pearson. “It was still under factory warranty,” Lisa added, saying they hadn't even had it for five months. “What’s it going to take? Does someone need to die?” The Pearsons are not the only local couple to have their BMW catch fire. In October 2017, Laura Ohme said her parked BMW started a fire at the Torrey Hills homes where she lived with her family.She was in the shower when she heard a strange noise. “I just hear this really really weird popping kind of noises,ll ” Ohme said. With her two kids asleep in their rooms, she threw on a towel to find out what was going on. She went downstairs and saw smoke. “The door itself [was] literally black and glowing.”Ohme grabbed her two children and ran outside the house. “The fire, it was raging at that point,” she said.Fire investigators determined her recently purchased 2014 BMWx5 started the fire. It was a certified pre-owned vehicle she bought just a few months before. Ohme said the vehicle was sitting in the garage and turned off at the time of the fire. "I didn’t even put 5,000 miles on the car,” Ohme said. She said BMW has had a “non-response” to the situation. “BMW is not taking responsibility,” she added.While the Ohmes and Pearsons’ fires started under different circumstances, they shared things in common. Both BMWx5s were recently purchased just a few months before the fires. They both had warranties and neither vehicle was under a recall.ABC News started investigating mysterious BMW fires in 2017. Like the Ohmes, dozens involved vehicles that were parked and turned off. Since then, about 1.6 million BMWs have been recalled for fire risk. A BMW spokesperson told Team 10: "BMW notifies owners of vehicles affected by a recall via registered mail to advise them that their vehicle is part of an upcoming recall campaign and what the next steps are. BMW recently expanded its recall notification system for vehicles built after 3/2016 to allow owners to also be notified through the BMW Connected App on their smartphone. A vehicle recall may require that a part be replaced or software be updated." A spokesperson for BMW of North America told Team 10 they could not comment on the Ohme’s situation “due to litigation.” The Ohmes' attorney told me they are preparing a class-action lawsuit for the damages caused by the BMW fires.“I was able to get myself and my children out safely, but at some point someone is going to die,” she said.Regarding the Pearsons, BMW of North America wrote on March 22nd that they still believe the Pearsons’ vehicle caught fire because of “an improperly tightened battery terminal after a recent battery service.” The spokesperson added: “BMW is currently working with the dealer and the owner to resolve the matter.”In an email on March 22nd, a few days after Team 10 first contacted BMW of Escondido, the service manager wrote he “sent the Pearsons claim and contact info for [their] insurance company” and instructed their insurance to settle her claim as quickly as possible. They still disagree with BMW of North America’s findings. “We can’t let this go on and hurt other people,” said Ryan.“You are saying you are a very high quality company that sells very luxury cars, and yet your cars are catching fire. Those two do not go hand in hand,” Lisa said. If you want to check your vehicle for any open recalls, you can click on this link: https://www.nhtsa.gov/recalls 4989