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CARLSBAD, Calif. (KGTV) - After Monday's arrest in the death of a Carlsbad woman found on a hiking trail, prosecutors must now decide whether to charge the teenage suspect as an adult.A 17-year-old teen from Carlsbad was booked on murder charges weeks after Lisa Thorborg, 68, was found stabbed to death along Hosp Grove Trail.Investigators tell ABC 10News police work led them to the teenager, before DNA evidence confirmed their suspicions. Former District Attorney turned criminal defense attorney Paul Pfingst says prosecutors must now decide whether the accused should be tried as an adult."An adult for a first-degree murder case can receive a 25 years-to-life sentence. A juvenile can only be kept until the age of 25," said Pfingst.A decade ago, Pfingst represented Heather D'Aoust. At the age of 14, she killed her mother with a claw hammer. D'Aoust was charged as an adult, pleaded guilty and was sentenced to 16 years to life.Pfingst says unlike in that case -- thanks to new state laws -- if prosecutors do charge the 17-year-old as an adult in the Carlsbad case, a judge will have the final say."The more dangerous that person is, they most likely they are to be charged as an adult," said Pfingst.Pfingst says the biggest factor is the crime itself."Is the act is such that it demonstrates such a wanton disregard for life and for people around them that the person needs too be confined?" said Pfingst.Pfingst says the background of the suspect will heavily scrutinized."Including whether they've been involved with gang activity, prior acts of violence, prior acts of rebellion," said Pfingst.Police in the Carlsbad case declined to say if the teen has a criminal history. Pfingst says the extensive background check is likely underway as prosecutors weigh their decision."What does the protection of community protection require? Longer incarceration or does it require juvenile attempts at rehabilitation?" said Pfingst.A detention is scheduled for Thursday in juvenile court. 2002

CARLSBAD, Calif. (KGTV) — Prosecutors Wednesday say two transients accused of a deadly home invasion robbery this week stabbed the victim 50 times in the face, neck, and back.Ian Bushee, 37, and Malissa James, 26, are both accused of breaking into a home in the 1800 block of Outrigger Lane just after midnight Monday. During the break-in the victim, identified as 63-year-old Marjorie Gawitt, was stabbed multiple times.Gawitt was still able to call 911 to report the incident and was conscious and breathing when police arrived. She was taken to Scripps La Jolla Hospital, where she died of her injuries.RELATED: Police identify suspects in deadly Carlsbad stabbing, burglaryBushee and James fled the scene in Gawitt's vehicle, according to police. The vehicle was found in San Marcos and the two were arrested in the 4800 block of Park Drive later Monday.Each has been charged with homicide, burglary, conspiracy, and auto theft. Bushee was also charged with accessory after the fact. James also also charged with torture. The pair was already on probation in San Bernardino for residential burglary.Both defendants pleaded not guilty of all charges.Bail was not set for Bushee or James, as they were determined to be a threat to the community.Both face the death penalty. A readiness hearing is scheduled for March 21, and a preliminary hearing is set for March 27. 1377

CHEYENNE, Wyoming -- On a windswept road, seemingly in the middle of nowhere, members of 90th Missile Wing from Francis E. Warren Air Force Base are stationed at one of the critical locales to our nation’s defense system. The only marker is a nondescript, square Air Force building tucked away in the farmlands of Wyoming.  It is the entryway to a place few of us get to see, and the people who control our most power weapons. This secret locale in Wyoming is home to some of the nation’s nuclear missiles, which are hidden deep underground.First Lt. Ramon Ayoade, the combat crew commander with the 321 Missile Squadron, is constantly awaiting word from the US military's chain of command. He was sitting in front of what can hardly be described as state-of-the-art-looking computers. From a 1960s era console, he and another airman control 10 of our country's 400 nuclear missiles. "We are constantly improving our systems. They are old, but they are 100 percent efficient," he said. The older technology is in some ways by design. It can’t be hacked because it’s not connected to Wi-Fi or the internet.These launch facilities are spread across Wyoming, Colorado and Nebraska.  Other crews are responsible for missile clusters near Minot, North Dakota and a third near Great Falls, Montana. The missiles are here to deter other countries from attacking the United States or its allies.Second Lt. Seth Hirschauer, the deputy combat crew commander with the 321 Missile Squadron, said there is a chain of command that gives launch orders. "It comes from the President and goes through a few different avenues before it gets to us,” he said.Before nuclear war, airmen must unlock two green lock boxes. Inside the boxes are top secret codes used to make sure a launch command is legitimate and a key needed as part of the process to arm and then send the missile into the air..According to Lt. Hirschauer. two people, each using both hands, are required to launch a missile at the "enable panel." As a safeguard, another crew must do the exact same thing in an identical capsule a distance away.In a simulation, they reenact turning the keys simultaneously to demonstrate how a launch would occur.Within seconds of an actual missile launch, the missile silo door in a nearby field opens and the missile is launched. This team fired an intercontinental ballistic missile last year to prove the process works. It landed in the ocean without a nuclear warhead onboard.In case of a nuclear war, these airmen have enough food to survive for months.The launch capsule where they're sequestered, is actually suspended in a way that if an adversary were to drop a bomb or something above ground, it would violently shake this area but the whole capsule can move and still stay intact.There are massive blast doors, about a foot thick, to help keep the men inside safe.Topside, missile security forces are responsible for making sure no one can physically access the missiles.Master Sgt. Eric Sterman, the flight chief with the 90th Missile Security Forces Squadron, said, "It's very important (to train) because there is a nuclear weapon out here. We have to insure our people can get out here and neutralize any threat that might come out here and try to take our weapon."Though a takeover hasn't ever occurred, the men methodically train as many as eight times a month, knowing full well other countries would love to get their hands on the United States' weapons.  "It's something we should keep in mind sir.  There is that threat and that responsibility," Master Sgt. Sterman said.Whether topside or below, all say their mission isn't one publicized frequently but they believe it's an essential part of keeping all of us safe. 3828

CAMPO, Calif. (KGTV) -- A man was arrested after reportedly assaulting two Border Patrol agents as they attempted to arrest him for trying to smuggle people into the U.S. According to the agency, the incident happened around 1:17 a.m. Tuesday as agents patrolled Interstate 8 in Campo. Agents tried to stop a 2007 Ford F-350 near Kitchen Creek Road when the driver took off, leading agents on a high-speed chase. RELATED: 14-year-old tried to smuggle meth strapped to body, CBP saysAccording to Border Patrol, agents successfully deployed a tire deflation device, forcing the vehicle to stop a short distance later, but the driver got out and fled on foot. As agents searched for man, he reportedly jumped out of a nearby bush, tackling one of the officers to the ground. A second agent also responded to the scene, struggling with the suspect as well. Inside the F-350, agents found three men and one woman, all Mexican nationals in the U.S. illegally. They were all taken to a Border Patrol station for processing and the suspect, identified as a 37-year-old U.S. citizen, was arrested. RELATED: Woman tries to smuggle meth with 7-year-old in car, Border Patrol says“The Border Patrol like any Law Enforcement job is inherently dangerous. The Border Patrol is comprised of a highly trained / multi-disciplined work force. Our agents are trained and equipped to properly confront any situation they may encounter in the field,” said San Diego Sector Acting Division Chief Patricia McGurk-Daniel. “The ambush and assault of our agents will not be tolerated and this case will be prosecuted to the fullest extent of the law in order to protect our workforce and the community.” 1684

Carey Dean Moore, 60, a convicted murderer of two 47-year-old fathers in 1979, has become Nebraska's first execution by lethal injection.The execution by lethal injection — by way of a four-drug combination that's never been previously used in an execution — started at 10 a.m. Tuesday, as scheduled. He was declared dead at 10:47 a.m. Tuesday."This agency has done so with professionalism, respect for the process, and dignity for all involved," said Department of Corrections Director Scott Frakes in a press conference following the execution.The body will be remanded into the custody of the Nebraska State Patrol, he said, and an autopsy will be conducted.Ten witnesses observed Tuesday's execution: three inmate witnesses, a member of the clergy, four media witnesses, and two staff members.During the press conference, media witness Grant Schulte of the Associated Press recounted the details of Moore's final moments, as well as his final statement:"Just the statement that I hand-delivered to you already about my brother, Donny, and the innocent men on Nebraska's Death Row."Omaha World-Herald reporter Joe Duggan, another of the media witnesses, said Moore remained composed throughout the process."He certainly looked maybe slightly shaken. The gravity of what was happening to him was clear on his face and his expression," Duggan said. "But he was composed. His voice was clear when spoke. He clearly looked around the room to see who all was there, otherwise kind of kept his gaze toward the floor."The media witnesses said they were not able to see when each drug was administered during the lethal injection procedure. They said they were secluded from the other witnesses, and could not hear inside the execution chamber."There didn't appear to be any complications," said News Channel Nebraska reporter Chip Matthews, another media member selected to witness the execution.Brent Martin of Nebraska Radio Network was also a media witness to Moore's execution Tuesday. Martin, who has witnessed several other lethal-injection executions, said Moore's execution took "much longer." Duggan said it was recommended to the witnesses and those who assisted in preparing for an execution that they seek out someone they can talk to as they process what they have witnessed.Moore was sentenced to death for the 1979 shooting deaths of cabdrivers Reuel Van Ness and Maynard Helgeland in Omaha. Both men were 47-year-old fathers shot by Moore five days apart.Ahead of the execution, Moore was taken from his death-row cell at Tecumseh prison to the State Penitentiary in Lincoln and placed under a suicide watch in a medical unit there until his execution.As the execution proceeded, the prison went on modified operation status: Inmates were required to stay in assigned living spaces until the execution was over and all media and witnesses had left.Moore was escorted to the execution chamber and strapped to the table, at which point IV lines were inserted by the IV team, and a heart monitor secured.Witnesses were then escorted to their respective viewing rooms.A curtain was lifted so that witnesses could observe Moore had been prepped for lethal injection, then Frakes gave the order for execution to proceed.The warden checked for consciousness after the first round of drugs was administered before ordering subsequent substances administered. Once all four drugs had been administered, the curtain was lowered.The Lancaster County Coroner officially declared the death, out of sight of the media witnesses. Once Moore's death was confirmed, the curtain was lifted so media could view the body.Frakes and media witnesses are expected to address the media following the execution.A few family members of Moore's victims and a handful of death-penalty protestors gathered Monday morning outside the state penitentiary in Lincoln.  3865