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(KGTV) -- Testimony will continue Tuesday in the preliminary exam for the suspected smuggler charged with murder after leading the border patrol on a wild, high speed chase that ended with the deaths of three of his passengers. It happened on westbound Interstate 8 near Boulevard on the evening of November 29th, 2018. Luis Virgen, 21, is a U.S. citizen who had been living in Tijuana at the time of the crash. He's charged with second degree murder and gross vehicular manslaughter. Virgen is accused of smashing through a gate that leads into the U.S. from Mexico with 10 undocumented immigrants in his truck, including 9 in the bed of the truck under a tarp. Everyone but the driver was thrown from the truck when it crashed after hitting a spike strip deployed by the border patrol. Gregg Curtis testified that after the truck blew past him, he started shooting video with his cellphone in case something happened. Curtis can be heard talking under the cellphone video, which was played in court Monday. "I wouldn't be surprised if he totally crashes his brains out," said Curtis. RELATED: Investigation looks into Border Patrol pursuits, crashesDavid Rieu is a professional truck driver. He also testified about how fast the defendant was going."I was alarmed at a vehicle passing me at such a large rate of speed that it shook my truck," said Rieu. The border patrol received some criticism following the incident, some questioning why they didn't call off the chase given the wet roads and dangerous conditions at the time. Several agents testified that they had no idea that the truck's bed was hiding several undocumented immigrants. Another agent described how he tried to revive the victims. "Another individual, I cradled his head, he was moaning and groaning, and I told him he was going to be fine that it was just a scratch and to stay awake," said Agent Jahir Waterman. If convicted on all counts, Virgen could spend 45 years to life in prison. 1970

(SAN DIEGO) KGTV -- A Scripps Ranch woman is demanding action for a problem with her Samsung refrigerator that she says has gone on too long.Stephanie Nivinskus bought her Samsung french door refrigerator in December 2014. It cost her nearly ,000. She said she had issues roughly six months after she bought it. "It's been a headache since the beginning," Nivinskus said. The first problem was the ice maker does not function properly, according to Nivinskus. "The ice just gathers and collects up there. It makes it so it doesn't work," Nivinskus said. She also has issues with the temperature of the refrigerator. The FDA says a safe temperature inside a refrigerator is 40 degrees or below. During the interview with Team 10, the thermometer inside of Nivinskus' refrigerator read about 56 degrees. "Having spoiled food is a real problem," she said. Because of that, she doesn't keep much food in her Samsung refrigerator, opting instead to keep her food in an old refrigerator from a different company they bought from a neighbor.She said the water dispenser and the freezer works, but that is about it. She has paid for a couple repairmen to come out over the years, but Nivinskus said the second person who came would not work on the refrigerator. "He said there's been so many complaints that they've gotten and that it's not fixable," she said. When she discovered there were other customers dealing with the same problem, she contacted Samsung. They offered her a partial refund with conditions. Nivinskus said she was told by a Samsung representative she had to physically cut the refrigerator's cord, remove the stickers inside the refrigerator, and sign a waiver that said she would take no further action against Samsung. Even after that, she said the refund would be "pending approval" from Samsung. "It's not a guarantee," she said. Samsung is currently facing a class-action lawsuit regarding the broken ice makers. Attorney Jonathan Shub, a partner with Kohn Swift & Graf, said between 4 to 5,000 customers have reached out to their firm regarding the lawsuit."The number of inquiries that I have received in this case reaches levels that I have not seen previously," Shub said. There are currently more than 4,000 people in a Facebook group demanding a recall of Samsung refrigerators. In an email, a Samsung spokesperson told Team 10: "At Samsung we stand behind all of our products, including our refrigerators, and want to ensure our customers are completely satisfied. If a customer encounters any problem with their product or service, we encourage them to reach out to us directly at 1-800-SAMSUNG so we can provide assistance."Nivinskus says she has already reached out to customer service. "I want them to recall to recall the problematic refrigerator and refund everyone that owns one," she said. Team 10 asked what would it take to issue a recall, but Samsung did not answer that question. "It's more about, you owe it to the public. You're a huge brand. This is not acceptable," Nivinskus said.The lawsuit regarding the ice makers failed in mediation, according to Shub, so litigation continues. 3139

(KGTV) - Did ESPN really put up a graphic saying a little leaguer's favorite actor was adult film actor Johnny Sins?No.A screen shot being sent around is a hoax.The graphic that actually appeared on-air said the 13-year-old's favorite school subject is science. 274

(KGTV) - Will hitting the lock button 5 times on an iPhone trigger an SOS?Yes, but only if you have a model newer than the iPhone 5.The feature is only available on iPhones running the iOS 11 operating system.  228

A 10th child has died following an outbreak of adenovirus at a New Jersey rehabilitation facility, state health officials said.At least 27 children have been linked to the outbreak at the Wanaque Center for Nursing and Rehabilitation in Haskell, the New Jersey Department of Health said."To date, the individuals associated with the outbreak became ill between Sept. 26 and Oct. 29," it said. "The affected children had severely compromised immune systems — including respiratory problems — before the outbreak began."The viruses are found on unclean surfaces and medical instruments. They may not be eliminated by common disinfectants, but they rarely cause severe illness in healthy people. 700