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SAN DIEGO (KGTV) -- The Carlsbad Police Department released body camera footage Saturday night in response to public concerns over officer misconduct during an incident involving a 27-year-old black man.The June 11 incident gained attention after cell phone video surfaced showing officers using a Taser on the man and pressing his head into the pavement in an attempt to subdue him."A video is circulating showing a police use of force incident from Thursday night. Open lines of communication between the Police Department and the community are more important now than ever," Carlsbad police said in a statement."As with all uses of force, we fully investigate incidents to ensure the officers’ conduct is consistent with the Police Department’s policies," police said.The cell phone video doesn't show the start of the incident. The witness video begins with the man on the ground surrounded by paramedics and two officers lying on top of him.The newly released six-minute body cam video starts from the moment two officers respond to the scene. According to the department's timeline of the incident, officers and paramedics responded to a call at 8:48 p.m. about a man found face down on a sidewalk at Ponto Road and Carlsbad Boulevard."Two officers arrived and found the firefighters evaluating the man, who was now standing," police said.Bodycam footage shows the man talking with paramedics, and the group appears to disperse. With the officers approaching, the paramedics step away from the man. The man tells the paramedics, "I'm not complaining about anything else."The man appears to hear something from the group of paramedics and screams out, "are you mocking me?"A paramedic tells the man, "No, I'm not mocking you at all."One officer says, "Hey, they're just here to help you, man."The man stands face to face with the paramedic telling him, "the way he said it is different from how you said it. Because I understand how the f--- you say it. But what do you mean when you say it?"According to the police timeline, "The man walked quickly toward the medics while continuing to yell profanities. Officers, fearing for the safety of the medics, interceded."The report says, "Officers reached out to the man and told him to stop."A struggle ensues and the body cameras are knocked to the ground leaving only an audio recording of the incident for about two minutes. The officers pick up the cameras and resume video recording the scene about two minutes later.The department juxtaposed three camera angles of the confrontation with the man -- two from officer body cameras, and one that was recorded by an unidentified "resident." The witness video fills in a section of lost body cam footage.Carlsbad police said the investigation is still ongoing and are asking the public who may have witnessed the incident to contact the department at their non-emergency line at 760-931-2197.The man in the video, Marcel Cox-Harshaw, 27, of San Diego, was cited and released for resisting arrest. Police also charged him with being drunk in public. Police said drugs and or alcohol played a role in the incident.10News has reached out to Cox-Harshaw for comment.CARLSBAD POLICE DEPARTMENT TIMELINE OF EVENTS:A video is circulating showing a police use of force incident from Thursday night. Open lines of communication between the Police Department and the community are more important now than ever. That’s why we are providing a detailed chronology of this incident.As with all uses of force, we fully investigate incidents to ensure the officers’ conduct is consistent with the Police Department’s policies.At 8:48 p.m. A caller reported a man face down on a sidewalk at Ponto Road and Carlsbad Boulevard.At 8:55 p.m. Carlsbad Fire Department personnel arrived at the location and began their evaluation of the man.At 8:59 p.m. Two officers arrived and found the firefighters evaluating the man, who was now standing.While medics evaluated the man’s condition, the man became visually agitated and started yelling at the medics.At 8:59 p.m. The man walked quickly toward the medics while continuing to yell profanities.Officers, fearing for the safety of the medics, interceded.Officers reached out to the man and told him to stop.The man continued to yell as officers tried to handcuff the man to take him into custody.The man yelled, struggled, turned and pulled from the officers and would not comply with their instructions.At 9:02 p.m. Officers then used a taser to attempt to subdue the man.At 9:03 p.m. The officers then restrained the man by holding his body and head to the ground while placing him in handcuffs. He was not injured, but he continued to shout angrily. Officers asked him to calm down, but he refused to comply and continued shouting.At 9:03 p.m. Officers considered the man detained.A mesh bag called a spit mask was placed on the man’s head to protect the officers and paramedics from coming into contact with droplets coming from the man’s nose and mouth This bag is porous and does not restrict breathing.At this time, paramedics were able to place the man on a gurney, where he continued to yell and struggle.At 9:07 p.m. Paramedics transported the man to a local hospital where he was sedated, assessed and released.The man, 27-year-old Marcel Cox-Harshaw of San Diego, was cited and released for resisting arrest. An additional charge of drunk in public has been presented to the District Attorney's Office. The initial investigation indicates that drugs and or alcohol played a role in the incident.The investigation is still ongoing. We are asking any community members who may have witnessed the incident to call the non-emergency police number at 760-931-2197 to share their accounts.Here are some of the department’s policy that pertain to the incidentOfficers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose.When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include but are not limited to:o The apparent immediacy and severity of the threat to officers or others – Mr. Harshaw charged unarmed fire personnel while yelling profanities.o The individual’s apparent ability to understand and comply with officer commands – Mr. Harshaw would not comply with officer commands.o The conduct of the individual being confronted, as reasonably perceived by the officer. Mr. Harshaw was yelling and behaving aggressively toward fire personnel.o Proximity of weapons or dangerous improvised devices. – Officers had no way of knowing what was in Mr. Harshaw’s backpack or baggy pants.o The effects of drugs or alcohol. Mr. Harshaw appeared to be under the influence of drugs and or alcohol.o Whether the person appears to be resisting, attempting to evade arrest by flight, or is attacking the officer. Mr. Harshaw was at no time compliant.The TASER device may be used in any of the following circumstances, when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to control a person:o The subject is violent or is physically resisting. Mr. Harshaw was physically resistant and behaved aggressively toward fire personnel.o The subject has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others. – Mr. Harshaw charged fire personnel, while yelling profanities and he was not compliant with officer commands.Supervisory notification shall be made as soon as practicable following the application of force. A supervisor was immediately called to the scene and an investigation was opened. The investigation includedo Obtaining the basic facts.o Collect evidence at the sceneo Ensure that all needing medical treatment are treated. Mr. Harshaw was transported to the hospital and released. An officer also received minor injuries.o The scene was canvased for additional witnesses.o Complete a Supervisor’s Compliant Summary Report and forward it to the Professional Standards Unit.o Prepare Supervisor’s Use of Force Report 8374

SAN DIEGO (KGTV) — The Centers for Disease Control and Prevention announced Thursday it is extending a ban on cruise ships operating in U.S. territory through September.The ban was set to end next week, but the agency extended the ban as coronavirus cases rise in 40 states.Florida and California, where many cruises originate or end, both set records for new daily COVID-19 cases recently.RELATED: As cruise ships idle, San Diego region lost up to millionThe CDC says the ban on cruise ship operations will be in effect until, "the expiration of the Secretary of Health and Human Services’ declaration that COVID-19 constitutes a public health emergency," "the CDC Director rescinds or modifies the order based on specific public health or other considerations," or Sept. 30.Some cruise lines had already canceled scheduled sailings until Sept. 15 over ongoing discussions with federal officials on how to restart business safely, the Associated Press reported.The Port of San Diego estimates that each cruise ship that visits San Diego generates about 0,000 in regional economic impact, including local shopping, restaurant businesses, and other expenses.Nearly 30 cruises were canceled due to the pandemic, costing about million in lost revenue for the Port of San Diego alone, according to Brianne Page, a public information officer for the Port of San Diego. The cost to regional economic impact could be as high as million.The Associated Press contributed to this report. 1499

SAN DIEGO (KGTV) - The community is rallying around a North Park Church that provides shelter for homeless youth, Lead Pastor Brandan Robertson said Thursday night at their prayer vigil.The Missiongathering Christian Church was slapped with 29 violations from the City, and told it needed to re-zone to accommodate their music venue, "The Irenic". They were also told to shut down their homeless youth shelter that provides a hot meal and place to sleep Tuesday nights, unless they purchase a conditional use permit."...because the Code says churches can only host shelters 30 times a year without a permit, and we host our shelter 50. A CUP could cost an upwards of ,000 just to cover the 20 extra nights per year that we provide a safe space for homeless youth," the Gofundme raising money for the church stated.The church quickly remedied 7 of the violations, "new fire extinguishers, we put in fire and smoke and CO2 detectors in the area where the youth sleep. We've gone around and fixed panels that are down, put in new exit signs, posted the occupancy in all the rooms," Robertson said.Robertson said they didn't know they were in violation and the fire department completes an inspection every year.Robertson said their concerts pay the mortgage. The church has lived at the corner of Polk Ave. and Illinois St. for 10 years. The concerts end by 10 p.m. to keep in accordance with city noise restrictions, a supporter added.Robertson said the trouble started when a neighbor complained about the noise and the shelter. Robertson said police came to the church multiple times, even on Easter Sunday and one morning, in the end of July, Robertson said eight City inspectors showed up. He said he got a message in the mail August 31st to shut down.The Gofundme raised more than ,000 in two days to help with legal fees. Robertson said they have hundreds of signatures on a petition and community members filled Councilman Chris Ward's voicemail.Dozens showed up to the church's prayer vigil Thursday, praying, singing and donating to the cause."The city hasn't been doing what they need to do, the church is leading in that area and we need to support them on every end," Aeiramique Glass Blake, Executive Director of Generation Justice said.Robertson said he was saved by the church when he was 12, "[I] grew up in an abusive alcoholic family in Maryland... went to this Baptist church and discovered a god who was a better parent than mine was." He said it's heartbreaking they can't help kids in similar situations.Blake said the community will show up to protect the church if they wish to keep their doors open next Tuesday night.Robertson said the city is working to find another place for the youth.Robertson said other groups are already planning benefits for Missiongathering and says he is touched by the outpouring of support. He hopes they can keep the 2884

SAN DIEGO (KGTV) — The Border Patrol says it has experienced a major uptick in violence at the border since the arrival of the migrant caravan. Assaults against agents are up 300 percent compared to this time last year, according to San Diego Border Sector Chief Rodney Scott.An agent was struck in the face shield with a rock thrown at the border on New Year’s Eve and was not injured. “These incursions are organized they are bringing people down there for the express purpose of provoking a confrontation,” said Border Patrol agent Joshua Wilson. RELATED: Mexico urges thorough probe into border tear gas incidentWilson is also the executive vice president of the local Border Patrol agent union in San Diego and says the incidents are indicative of why they need more border wall funding. “Having that barrier helps prevent many assaults on agents and that's something the public really needs to understand,” said Wilson, “It’s not just a border security measure it’s a measure for agents safety as well.” Border Angels director and founder Enrique Morones says his group doesn’t condone any violence at the border but he doesn’t believe it’s the immigrants instigating things. “If you’re going to be going across the border to seek asylum, why in the world would you be throwing rocks at the border patrol,” said Morones. “The people… have been reacting to the Border Patrol violence of teargassing and shooting rubber bullets at migrants.” Border Patrol officials say they do not release official statistics from the specific sector level, hence the percentage. 1575

SAN DIEGO (KGTV) — The Last Real Gym on North Park’s University Avenue took to the streets immediately after it became illegal to operate indoors in mid-July.The whole experiment lasted five days.“The sidewalks are pretty dirty between dog poop, dog pee … and human poop from the homeless sleeping on my side of the building,” owner Frank Kole said Friday.Kole decided to move everything back indoors in defiance of the Gov. Newsom’s July 13 health order meant to slow the spread of the coronavirus.RELATED: Former member of The Gym in Pacific Beach shares experience“Indoors I'm able to bleach, sanitize, wipe after every single use on the equipment that a member uses, and there's not a homeless person or a dog coming by to pee on it in between that,” Kole said.Kole said he's taking serious measures to keep people safe indoors, with hand sanitizing stations, plexiglass barriers, directional walking signs, and instructions to wipe down equipment.And also, no mask, no access.“I'm not going to lie, I'm not being nice about it,” Kole said. “If you're not wearing your mask, get out. Cuz I have another sign that says ‘masks on.’ If I have to remind you to put your mask on, I'm going to ask you to leave, I'm not playing games.”RELATED: County confirms coronavirus outbreak at Pacific Beach gymKole moved back inside July 20. Since that time, county officials identified a different gym that defied the order, called The Gym in Pacific Beach, as the site of an outbreak.Kole expressed confidence in his safety measures. He says San Diego Police officers have visited him twice, educating him, but he still has not received a county warning letter.In a statement, a county spokesman expressed regret for Kole’s situation.“While we sympathize with his situation outside, moving back inside goes against current state guidance for gyms,” the statement said. “It would be ideal if he could get some assistance from his local government to allow for safe, clean operations outside.”RELATED: Gyms lawyer up to stay open amid pandemicA spokeswoman for the City of San Diego said the area would be noted on the next scheduled sidewalk cleaning for North Park, Aug. 5. She said, however, that residents and businesses can always report problems earlier using the city’s Get-it-Done app. 2290

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