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VISTA, Calif. (KGTV) -- A Vista judge has dropped two charges against Gerardo Martinez Sr., a father arrested last week by San Diego County Sheriff's deputies. Martinez Sr. was facing two charges, felony resisting arrest, and lynching of an officer. The video surfaced last week. Martinez Sr. and his son, Gerardo Martinez Jr., arrested by five deputies. The family says the deputies used excessive force and that the two men were compliant and already in handcuffs. On Monday, the family demanded the department release body cam video and conduct an independent investigation. They also want to see the deputies involved prosecuted. The sheriff's department says they were called for a domestic dispute and that Martinez Jr. was armed with a knife. Deputies were also called to the home in late April for another incident involving Martinez Jr. The family's legal team did not address any questions about what lead up to the video but said Martinez Jr. has an issue with mental illness. They plan on filing civil lawsuits at the end of the week. The deputies in the video are on administrative duty as the investigation continues.   1186

WASHINGTON (AP) — A Trump health appointee who is accused of trying to muzzle an important scientific publication in the midst of the coronavirus pandemic apologized Tuesday for a separate video in which he reportedly says scientists battling the virus are conspiring against President Donald Trump and warns of shooting in America if Trump loses the election.Michael Caputo, the top spokesman for the Department of Health and Human Services, apologized to his staff for the Facebook video, said an administration official, who spoke on condition of anonymity to discuss internal matters.Caputo says on a taxpayer-funded podcast that Democrats don't want a coronavirus vaccine until after the election to punish President Donald Trump. News reports alleged last week that Caputo’s office tried to take over and muzzle a scientific weekly from the Centers for Disease Control and Prevention that publishes what is supposed to be authoritative, unvarnished information about disease-fighting efforts, including, most importantly at present, COVID-19.Then on Monday came an account of the video on Caputo’s personal Facebook page in which he accused government scientists of conspiring against Trump and suggested violence could break out after the election.HHS is standing by Caputo amid calls for his ouster. 1315

WASHINGTON (AP) — Newly ascendant Democrats are promising congressional action on gun control amid a rash of mass shootings, including a late-night assault at a California bar that killed 12 people.Measures including expanded background checks and a ban on assault-style weapons are likely to reach the House floor when Democrats retake control after eight years of Republican rule."The American people deserve real action to end the daily epidemic of gun violence that is stealing the lives of our children on campuses, in places of worship and on our streets," said Rep. Nancy Pelosi of California, the Democratic leader who is running for a second stint as House speaker.Pelosi vowed to push for a range of actions to stem gun violence, including restrictions on high-capacity magazines and a measure allowing temporary removal of guns from people deemed an imminent risk to themselves or others.The measures could win approval in the Democratic-controlled House next year but will face opposition from the Republican-controlled Senate and the White House, where President Donald Trump has promised to "protect the Second Amendment."Still, gun control advocates believe they have the political momentum to make guns a central issue next year.The political calculus on guns is changing, said Democratic Rep. Ted Deutch, whose Florida district includes the Parkland high school where 17 people were killed in February."We saw it start on Tuesday and we're going to see it accelerate in January," he said. THOUSAND OAKS MASS SHOOTING: 1547

WARREN, Mich. – A suspect is in custody for the execution-style murders of three people in Michigan, including a 6-year-old boy, his father and the dad’s fiancée.Last Friday, a person of interest in the heinous murder of the child and 28-year-old woman was being questioned by officers, according to Warren Police Commissioner Bill Dwyer.Warren police say they will present their case to the Macomb County Prosecutor's Office Tuesday morning.According to Dwyer, officers did a wellness check at an Otis Avenue home in Warren around 10 a.m. on Oct. 1. The front door was open, but there was no sign of a forced entry.That’s when police discovered the bodies of the boy and woman, both fatally shot execution-style in the basement, Dwyer said.Warren police are working with Detroit police after it was confirmed the 6-year-old victim was the son of a 31-year-old man whose body was found in a burned-out vehicle on Detroit’s east side. The 28-year-old woman is the girlfriend, police confirmed.According to Detroit Major Crimes Commander Eric Decker, officers responded to the vehicle fire report around 2 a.m. Further investigation revealed the vehicle was a rental car, which was then used to identify the 31-year-old victim and trace his connection to the home in Warren.The man’s initial cause of death was from a gunshot wound. The vehicle was burned after the shooting.Dwyer said the department has secured video from around the Otis Avenue neighborhood, which will be later released. Authorities have also executed a search warrant on the home and have recovered evidence to test for possible suspect identification.Federal agents are being asked to join the investigation as Warren police anticipate seeking the death penalty in the case.“When you murder an innocent 6-year-old baby, you deserve the death penalty.” Dwyer said. “It was a terrible, terrible scene. Very difficult for the officers who had to process the scene.”Right now, police say it is possible the victims knew the suspect(s), and there is a possibility the motive may be narcotics related.“Let’s bring justice to the family,” Dwyer said.This story was originally published by staff at WXYZ. 2174

VISTA, Calif. (KGTV) -- The man accused of killing his mother in her Oceanside home pleaded not guilty. He was not granted bail. Quiet and still. Anthony Sardina stood in front of Honorable James Simmons Jr., denying any involvement in his mother's murder. "Not guilty plea is entered on Mr. Sardina's behalf," Judge Simmons said.  The 37-year old is accused of killing his mother, 64-year-old Regina Sardina. The heinous crime was discovered by Anthony's younger brother, who found Regina's body in their Oceanside home Sunday afternoon. The deputy district attorney told reporters for the first time that Sardina used a knife to kill his mother."Anthony Sardina was arraigned on a complaint alleging one count of murder as well as what is known as a 'felony strike prior allegation,' and attached to the murder charges is the allegation that he personally used a knife in the commission of the offense," said deputy district attorney Robert Bruce.After the attack, investigators said Sardina took his mother's car to a nearby Hobby Lobby and caught a cab. Police arrested him shortly after tracking him through the cab company. "Oceanside did a terrific job investigating this offense, bringing it to the DA's office, we charged it quickly, and the case continues to be investigated," Bruce said. 10News found Anthony Sardina has a lengthy criminal felony record, with arrests dating back to 2009, and as recently as July 31st of this year. This ultimately led to him getting no bail. "The judge said no bail on the case, both on the murder charge, because of the nature of the charge, and the fact that he is on probation from a prior offense, which carries no bail," Bruce said. If found guilty, Sardina faces 51 years to life in prison.   1791