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SAN DIEGO (KGTV)- A local family contacted Team 10, concerned about the recent marriage of their elderly father to his new caregiver.  In a petition filed in probate court through an attorney, the family of James Donald Hess accused his new wife and former caregiver of "physically and verbally abusing him, and asserting undue influence over him." "It's just heartbreaking," said Dede Hess about her father-in-law. "I was just like, this isn't real." Dede Hess said her father-in-law, known to many as Don, is not in the best health. In the petition, it said his "health steadily declined" after Don's second wife passed away in February 2016 and that he suffered from "depression and loneliness" and became dependent on in-home caregivers. In the petition, it claimed that a caregiver named Nicky convinced Hess to marry her after just a few months. Hess and Nicky Shepard -- now Nicky Hess -- were married on October 14, 2017. Hess was 86-years-old. Nicky was 64.  "I think of her as a shark that smelled the blood in the water," Dede Hess said. RELATED: Resource guide for elderly San Diegans and families Dede Hess also learned more about the past of her father-in-law's new bride.  "When she met dad, she was married, but she was a newlywed," Dede Hess said. "Two weeks after her divorce was final, she married dad." Team 10 found Nicky was divorced at least five times.  The family alleged Nicky convinced her new elderly husband to "withdraw large sums of money from his investment accounts" and that she "forged [ his] name on documents," according to the petition. It also said she placed his health "in extreme danger" by keeping medication from him or giving him too much.  "I would love to see some justice on behalf of my father-in-law, especially if he's ill," Dede Hess said.  Team 10 learned that Don Hess is now hospitalized. His family said his heart stopped for several minutes and he also suffered from renal failure and pneumonia. The conflict brought both sides to probate court in mid-March where the judge acknowledged the difference of opinion regarding Mr. Hess's marriage.  "I know that you have very different views about whether this is on one hand, a recent marriage of an elderly person to his caregiver and the vulnerability that that can present and the possibility of financial abuse versus, on the other hand, a person who is engaging in his right in his older years to find love and get married," said Judge Julia Kelety. The petition is to remove Don Hess from the new trust made late last year. Hess's children claimed he was not competent at the time.  The petition said the new trust "largely disinherits his natural children... in favor of Nicky."  "The document was done in December so we have issues about its validity," said attorney Todd Stevens. However, the attorney present for Don's side said that is not the case.  "It appears to be a validly, executed trust by Mr. Hess," said attorney Lisa Frisella. Frisella said in court Mr. Hess went to a lawyer on his own and amended the trust.  Team 10 visited the Hess home to get Nicky Hess's side of the story.  She was home and did not want to talk in person. However, less than an hour later, Nicky called Team 10 and said over the phone: "All I need is love. I don't even think about his money. His kids did not approve our marriage."  Team 10 asked about allegations of elder and financial abuse. Nicky Hess said, "No, no way. I never elderly abuse my husband. I love him so much." In the petition response filed by Don's lawyer, it also denied any abuse and said the "children were more concerned about their inheritance than his happiness." In court, Judge Kelety temporarily "suspended" Mrs. Nicky Hess as successor trustee until another court appearance scheduled for April 5th.  It was a small victory for Dede Hess and the other Hess children, as they pray for their father's recovery. "I don't want this to happen to anybody else," Dede Hess said.  According to the National Council on Aging, elder financial abuse is likely underreported. A 2015 study found this type of abuse and fraud costs older Americans .5 billion a year.    4398

SAN DIEGO (KGTV) — Two men are dead and a woman is in critical condition after a car crashed into a Mission Valley bus stop Thursday.A driver collided with the three pedestrians in the 7500 block of Metropolitan Drive around 11 a.m. The driver remained at the scene for San Diego Police.One victim was pronounced dead at the scene. The other male victim was later pronounced dead after being taken to the hospital. Both victims were identified as men in their 40s.A 49-year-old woman was taken to a nearby hospital in critical condition, police say.Police and a friend of the female victim say the three pedestrians were sleeping behind the bus stop with their belongings at the time of the crash. Jessica Nelson said she knew the 49-year-old woman and brought her some clothing and make-up earlier that day. She said she tried to convince her to go eat with friends, but the woman stayed with her husband, according to Nelson.Nelson said the pink bags strewn about the crash sight belonged to the victim, she called Kelly.Nelson said she met Kelly a year and a half ago at the bus stop where the accident took place. She said they are both battling heroin addiction and frequent the methadone clinic nearby.San Diego Police are investigating the crash.10News is monitoring this breaking news. 1301

SAN DIEGO (KGTV) — You may notice a few more tourists around San Diego this year.That's because San Diego was recently named to Forbes' Top 19 Destinations of 2019. The list, in no particular order, San Diego was named alongside destinations including Singapore, the Grand Canyon, Istanbul, and Paris.Among San Diego's biggest upcoming attractions, according to Forbes: Its up-and-coming food scene. The publication hailed additions to town such as Din Tai Fung's "beloved soup dumplings" and upcoming restaurant debuts from chef Michael Mina (International Smoke) and Akira Back (Lumi).RELATED:Seven San Diego breweries named among 100 best brewers in the worldA taste of New Zealand moves into University Heights with Kairoa BrewingSan Diego's craft beer scene didn't go unnoticed either, with Pendry San Diego's Nason's Beer Hall drawing applause. "Yet what has us most excited to visit is its rise as an up-and-coming foodie city. Fine-dining stalwarts like Five-Star Addison Restaurant and Four-Star Veladora have been impressing for years, but an influx of new foodie spots is finally capturing people’s appetites. Taiwanese xiao long baopurveyor Din Tai Fung recently brought its beloved soup dumplings to town, and spring will see the debut of both chef Michael Mina’s barbecue-centric International Smoke and celebrity chef Akira Back’s modern Japanese restaurant Lumi.We can’t discuss San Diego’s culinary explosion without mentioning its strong craft beer scene. Get a taste of it at Pendry San Diego’s Nason’s Beer Hall."As Forbes points out, with 2019 being San Diego's 250-year anniversary, it might be the perfect time to celebrate in town. 1698

SAN DIEGO (KGTV) — With California's theme parks and other family activities closed or restricted because of the pandemic, pumpkin patches have become an even more popular source of seasonal joy.The patches are able to operate under certain restrictions, though some operating rides may be at odds with public health orders.Cell phone video taken this week at The Pumpkin Station on Camino del Rio South in Mission Valley shows lots of visitors, some wearing masks and others not, and some small rides operating.The owner of the patch told ABC 10News they have a capacity limit of 250 people and require employees to undergo temperature checks and wear face masks. The owner said the location can't make customers wear face masks if they don't want to. As for the rides, the owner said calls to the San Diego County Health Department about whether rides are allowed were not returned. The owner said the rides are sanitized between each use as well.The county referred ABC 10News to California's guidelines for amusement and theme parks, which says all operations must be closed in the red and purple reopening tiers. San Diego County is currently in the red tier.As for other spots, like the Strawberry Fields in Carlsbad, there are no rides but there are inflatables.The owner of Carlsbad Lagoon tells ABC 10News that they've been working with the county ever since they reopened and that there are no specific guidelines for inflatables. The county says that as long as they are not completely closed, things like inflatables, slides, and obstacle courses are allowed.Carlsbad Lagoon added that they sanitize frequently and restrict admission to adhere to social distancing guidance. 1694

SAN DIEGO (KGTV) - Two fires sparked Saturday afternoon in East County, in addition to a thunderstorm in Pine Valley, created dicey conditions for firefighters.Cal Fire Captain Thomas Shoots said the humidity made a huge difference, "the monsoonal moisture the stickiness has been good because it's helped keep our fires small," slowing the spread of flames.The Bratton Fire sparked in Lawson Valley around 1:30 p.m. and scorched 4 acres. Then around 2:10 p.m., the Sloane Fire started burning in Dehesa, blackening 18 acres.Both were knocked down quickly."We hope that people don't get complacent that we've hit these fires very aggressively and it's worked out," Shoots said.He said if we didn't have the humidity we would be in trouble, "there's a lot of fuel that comes with a good winter so that grass crop is all cured out and ready to burn."Shoots said they were keeping their eye on the thunderstorm in Pine Valley.The National Weather Service reported a severe thunderstorm warning with quarter-sized hail and gusts up to 60 miles per hour."We knew it wasn't going to be to the extent that the north saw when the storms rolled through but it was still definitely a potential concern," Shoots said.Looking forward, Shoots says we need to be very careful, "San Diego and a good chunk of California is sitting at a higher potential for wildfire activity in October-November."He advises creating defensible space around your home not only to protect your home but protect your family if you can't escape in time.Shoots said he hopes firefighters are able to get a handle on the fires in Northern California and stay safe.He said 96% of all Cal Fire engines are working, which shows how extreme this fire season is.More than half of Cal Fire San Diego's resources have been sent up north to help, including 32 engines. Shoots says local fire departments are stepping up to help in their absence. 1907

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