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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) - Local window washers put on tights, capes, and masks to cheer up and surprise patients at Rady Children’s Hospital on Halloween.The team of superheroes not only wiped away dirt but shared some smiles for Halloween.“It means the world to these kids, just to see them and it brightens up their day a little bit,” said Kelly Mikulsky, whose daughter is fighting Leukemia.The window washers, from A-Plus Window Cleaning in El Cajon, dawned the iconic costumes of Spider-Man, Superman, Captain America, and others as they washed the building's windows from inside and outside.This is the 2nd year they’ve surprised the Rady Children's patients on Halloween. 689

SAN DIEGO (KGTV) - With young children fast asleep in their bedroom, surveillance video shows a burglar on the prowl at a home in South Park. Just off 32nd Street, Billy McCowan woke up to a disturbing sight on Wednesday morning."Came over and saw the side door open to the garage," said McCowan.RELATED: La Mesa woman wakes up to burglar in her bedroomA look at the surveillance video revealed who had been on his property. Starting at about 8 p.m., a pickup truck pulls up and parks across from his home. At about 5 a.m., a man wrapped in a blanket emerges from the truck and walks through his front gate.McCowan believes the burglar walked through the unlocked door to a detached garage - a converted office - and grabbed an iPhone. Video shows the man roaming the property. Next up was a detached hot tub room."We had a small TV in here," said McCowan.In the video, the burglar is seen carrying that TV. Meanwhile, inside the home were McCowan's wife, and two children, ages 3 and 5. They were all asleep.Forty-five minutes after the man first arrives, the intruder is seen peering into the children's bedroom. By this time, McCowan has woken up and he's making coffee in the kitchen. The man appears to see him and ducks down, before quietly getting into his truck and driving off. It was a fortunate twist. RELATED: Carlsbad resident's warning gunshot chases off suspected burglar, police say"I think he would have gone in the house, taking more stuff. Who knows what would have happened if he ran into my family," said McCowan.Anyone with information on the case is asked to call San Diego Police at 619-531-2000. 1630

San Diego (KGTV)- After receiving a failing grade by the American Lung Association, the County of San Diego is rolling out some new tools to fight air pollution. In port-side communities like Sherman Heights, Logan Heights and Barrio Logan, the rates for Asthma are the highest in the state. This morning county leaders unveiled its new innovative monitors and cars. “This has never been done before,” says Aclima’s Chief Scientist, Melissa Lunden. For the past three months, two air quality cars have been driven around the county for 24 hours at a time collecting samples of air pollutants. “You get a map, a street by street map, of what the air pollution is and what the air pollutants are on those particular streets,” says Lunden. “That allows you to really locate in that region an area of concern.”Stationary monitors will also be set up in areas like Barrio Logan, Sherman Heights, and Logan Heights. Officials will be able to monitor what’s being inhaled by the people who live in these communities. “What we expect to happen is we’re going to find elevated levels of pollution at the street level that we didn’t see with our regional monitors,” says Assistant Director of the Air Pollution Control District, John Adams. With each monitor, the air is pulled into an inlet over 24 hours. The filter is then taken out and tested in a lab. The Air Pollution Control District has already placed monitors along Interstate 15 in Carmel Mountain and Interstate 5 in San Isidro. The state awarded the county’s Air Pollution Control District .5 million to implement the program. 1589

San Diego (KGTV)- An Escondido family discovers new challenges in caring for their newborn diagnosed with Spina Bifida. He's finally home after staying in the hospital for months. The parents share the biggest hurdle is his continued care during the Pandemic.In the first three months of his life, Baby Devin has experienced eight surgeries. Spina Bifida is a condition where his spine didn't fully close while in the womb."Devin is at a small percentage where he has Symptomatic Chiari, where it affects his ability to breath and swallow," says dad Jon Hoy.Now at five months, little Devin is home from the hospital with his parents and three brothers, but he requires 24-hour medical care."He has a trache in his throat, and then he has a ventilator that helps him breathe," says Hoy. "The same ventilators that have become so crucial during COVID-19. He has G-tube to help him eat in his stomach."Parents Jon and Erin Hoy say finding in-home care has been tough."These nurses need to be pediatric certified. They need to be trache certified and vent certified," says Mom Erin Hoy. "His level of acuity has just created a big barrier for finding nurses."Due to COVID-19, there is an added level of caution for those who are around Baby Devin. Hoy says during her search for adequate help, she's learned, "there's a significant difference or pay difference between nurses in a hospital or a facility compared to nurses in home."Hoy says they are still in need of nurses to help Devin around the clock, but they are grateful for the ones that have come in so far."There's always light that comes if you just hold on. We've experienced so much joy in the last seven days of him coming home."Jon and Erin say they are willing to connect with anyone who may be going through a similar pregnancy or experience. You can reach out to them via Facebook. 1855

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