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SAN DIEGO (KTGV)— A homeless man and convicted rapist accused of sexually assaulting a woman at an East Village bar in November faced his accuser in San Diego Superior Court. Gary Cushinberry, who's accused of multiple counts of sexual assault and attempted rape, pleaded not guilty. The judge ordered all media to conceal the victim’s identity, and to refer to her as Jane Doe. Jane Doe took the stand and recalled what happened on the evening of November 5th. She said she was at Amplified Kitchen and Beer Garden in East Village, celebrating with some colleagues.After having a few drinks, she headed to her car. She admitted she was drunk at the time, and her memory was hazy. But she did remember the moment her bottom touch the ground.“He was touching underneath the blanket, and I just remember being shocked. Uh, next he further proceeded to put his hand in my pants,” Doe said. While he attacked her on the ground underneath a dirty blanket, he tried to drug her with what she thought was a meth pipe, Doe continued. Detective Carlos Munoz of the San Diego Police Department also spoke in open court. After the case was assigned to him, he monitored surveillance cameras in the area. The detective found footage of a homeless man fitting Gary Cushinberry’s description, pulling Jane Doe into a bush next to her car. The two were not in frame for the next 25 minutes, until video captured Jane Doe speeding away from the parking lot, back into Amplified, where she later reported the assault.“It’s like you imagine a fight or flight. And I didn’t really fight and I didn’t flight. I just froze,” Doe said. Cushinberry, who is already a convicted rapist in Indiana, returned to the frame, just two minutes later. “When he walks up toward the intersection, or the corner, he is adjusting his belt, he is adjusting his waist,” Detective Munoz said. The next day, Jane Doe provided information for a suspect sketch.Officers also took her to Palomar Hospital to run a rape kit. DNA Criminalist Adam Dutra of the San Diego Police Department Crime Lab tested the DNA swab taken from the front button and zipper of Jane Doe’s shorts.“There was strong support for the inclusion of Mr. Cushinberry as the 98% contributor,” Dutra said. Cushinberry’s past convictions include rape in 1995, sexual battery in 1997, and recently, felony robbery in San Diego.His next court appearance is on December 19th. 2407

SAN DIEGO (KGTV)- Hospitalizations related to COVID-19 continue to increase across San Diego County.The county’s latest numbers show 458 patients hospitalized, while 178 are in the Intensive Care Unit.“It is not quite what we’re seeing in Florida and Houston, but we are seeing an increase for sure,” said Dr. Julie Phillips, the medical director of Sharp Grossmont’s Emergency Department.“Almost every ER in the county has their tents set up, and they never took them down despite us not needing to utilize it for a number of weeks, if not even about six weeks, then starting last week it is back in use,” said Phillips.Currently, Sharp Grossmont has 27 hospitalized COVID-19 patients, while Sharp Chula Vista has 44, and Sharp Memorial has 29.Phillips said most local hospitals are well equipped to handle the surge.“All of us have staffed up beds by 150 percent awaiting for this,” she explained. “We know a lot more; we feel better about knowing how it’s transmitted, we feel better about our PPE, especially our N95 masks. Flattening the curve gave us time to get what we needed ready to go, so now we’re ready.”On Friday, Scripps Health reached a single-day all-time high number of hospitalized COVID-19 patients.At its five locations, a total of 126 people were hospitalized. Earlier that week, the number was still in the 90s.Both Scripps Mercy in San Diego and Chula Vista had 38 patients hospitalized at each facility.The numbers were the highest for a single day since the pandemic began.Infectious disease specialist for UCSD Health, Dr. David Pride, tells 10News UCSD’s hospital system is also seeing an increase.“Going back to early June, we admit between 1 and 6 new patients per day. The rolling average is a bit higher the last couple of weeks,” said Pride via email. “We are operating near our capacity, but largely because we accept outside hospital transfers readily who need a higher level of care than their hospitals can provide. We still maintain surge capabilities, so we could admit many more patients should the situation get more dire.”A spokesperson for Palomar Health said they had seen an increase in patients in the last couple of weeks, but still have plenty of capacity.Kaiser Permanente has also seen a recent rise in COVID-19 related hospitalizations.The following statement was sent to 10News.“Consistent with other San Diego County hospitals, Kaiser Permanente has seen a recent rise in COVID-19-related hospitalizations. Most notably, we are seeing an increase in a younger, less acute population. We remain confident in our ability to provide care to all our members and are grateful to the San Diego community for continuing to practice social distancing and wearing a facial covering when outside of their homes.”As the Fourth of July gets closer, Phillips wants to remind people it is crucial not to let your guard down, and to continue taking safety precautions is they do choose to gather with friends or extended family.“I understand people are tired of it, but we’re not over it,” she said. “You have to take precautions, you must wear a face mask, you need to social distance, and you need to wash your hands.” 3166

SAN DIEGO (KGTV) --Three hours after returning from his deployment, Navy Lt. Eric Turner went to Seaworld. Not for the same reason as most visitors though - he was there to surprise his wife. Beckie Turner is a trainer. Hundreds of people pack in to see the "Dolphin Days" show at the park. Beckie does it every day, but Wednesday, September 13 there was something different going on backstage. "She's not expecting me, she thinks I'm on medical hold or something like that," her husband told 10News Reporter Bree Steffen.  "I hope she's not mad haha." Lt. Turner is back early from his 11-month deployment in the Middle East. The couple was reunited after he walked down the arena stairs, people cheering as Beckie got out of the water and embraced her husband. "It's nice to have him home," she said, tearing up. "Thank you all for being a part of it, it's really special." Eric and Beckie have four kids, have been married 10 years, and both of their parents served in the Navy.  1035

SAN DIEGO (KGTV) - With home prices skyrocketing San Diegans are turning to remodeling.However, if the home has lead paint or asbestos, it can become a health hazard if not handled correctly. The Environmental Protection Agency is cracking down on companies breaking the rules.The agency has taken action against six companies in Arizona and California for allegedly violating regulations requiring them to protect the public from exposure to lead. The companies paid a combined 7,000 in penalties.According to the EPA, "an inspection found that, between 2014 and 2015, Renovation Realty performed renovation work at six homes in San Diego and Santee without being EPA-certified to perform work in pre-1978 housing where lead-based paint is assumed to be present." The agency says the company also failed to keep records indicating compliance with lead-safe work practices and did not ensure a certified renovator was involved as required."Looking back at it, it was a painful expensive experience to get fined by the EPA" said Keith Christian CEO of Renovation Realty.Christian said, at the time, they didn't understand the EPA's requirements of how much square footage you can disturb per room."We got fined, we paid the fine, we all went to a class we got certified as a company our supervisors got certified and it's been a great experience,” Christian said. “So now that we understand the process we incorporated that into our renovation.”Across the county from October 2016 through September 2017, the EPA finalized 121 civil settlements for alleged violations of at least one of the lead-based paint rules. The settlements they obtained in the cases soared past one million dollars. The EPA requires companies who perform abatement projects in pre-1978 homes to be certified and follow specific work practices.“For a homeowner, the biggest thing is their liability,” said Tim Tilley with Superior Abatement Services Inc. “If they hire a contractor who doesn’t follow the rules, the regulatory agencies will generally cite everyone in the food chain.”Tilley removes hazardous material like lead and asbestos for a living. His team is currently working on a San Diego home that tested negative for lead but positive for asbestos.Tilley tells 10News rules put in place at the federal level down to the local level are there to protect employees and consumers."For a homeowner, it's really important to ask the right questions,” said Gregg Cantor with Murray Lampert Design - Build – Remodel.Cantor says consumers should know if the contractor is licensed and certified and trained to perform hazardous materials work.Consumers also want to ask about types of safety methods they use, digging into specific safety precautions before, during and after the work is done. You should know what dangers you're dealing with before demolition begins.Renovation Realty is now certified with the EPA, and that extra step is helping business."We’ve finished about 490 homes since we were certified in September 2015, and we’ve actually received contracts because we’re EPA certified,” Christian said.Click here to learn more about reducing childhood lead exposure, or to learn more about the harmful effects of asbestos, click here.  3257

SAN DIEGO, Calif. (KGTV) - After serving active duty in the Marine Corps from 2013 to 2017, Cole Lawton pictured himself when he heard the news that nine service members had died in a routine training incident involving an AAV. Lawton said he has been inside an AAV and can imagine the terror those eight Marines and one Sailor must have felt in the moments when the AAV sunk.“I couldn’t help but imagine myself when I was in those amtracs if the same thing had happened to me … and that’s a nightmare,” he said.RELATED: Service members in deadly Southern California amphibious assault vehicle accident identifiedLawton also is a lover of the ocean and has a passion for diving, so he wanted to pay tribute to the nine lives lost using his skills. He and a group of friends took an American flag and the Marine Corps flag diving and took photos with the flags in the deep water. They posted photos with the caption “In memory of the Marines and Sailor of 1/4 who's amphibious vehicle sank to the ocean floor, we raised the colors at sea to show even 130 feet underwater, freedom still rings. Gentlemen, Marines have officially taken Davy Jones Locker.”The post exploded online and as of Sept. 11, had been shared more than 13,000 times. Family of the nine people killed even commented, thanking the divers for their tribute.“From the brotherhood of the Marines to the families extended by the Marine Corps, it’s all the same. It’s powerful to me. And it meant a lot to me that it meant a lot to them,” said Lawton. 1522

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