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SAN DIEGO (KGTV) -- The family of Rebecca Zahau said they are filing a new lawsuit against the San Diego County Sheriff's Office for refusing to provide access to records regarding the sheriff's investigation into her death.The family is also petitioning on the San Diego County Medical Examiner - both current and former - to change her cause of death to homicide or undetermined from suicide.On July 13, 2011, Rebecca Zahau’s nude body was reportedly found hanging from a balcony at the Spreckels Mansion in Coronado. Investigators said her hands and feet were bound with red rope. The same red rope was discovered hanging over the balcony.Authorities said Adam Shacknai called 911 to report her death. Shacknai was staying at the mansion that was owned then by his brother Jonah Shacknai, Zahau's boyfriend.Zahau, 32, had been babysitting her boyfriend’s 6-year-old son Max when he suffered serious injuries in a fall down a staircase at the home. The boy died from his injuries five days later.The San Diego County Sheriff’s Department and Medical Examiner’s Office ruled Zahau’s death a suicide. Authorities have suggested she took her own life out of remorse and sorrow over the boy’s injuries.The Zahau family rejected the suicide conclusion, and for many years, they have believed she was murdered by Adam Shacknai. Shacknai failed a polygraph exam in 2011.The family filed a wrongful death lawsuit against him in 2013.In April 2018, jurors found Adam Shacknai liable for Zahau's death, and he was ordered to pay million to Zahau’s family despite her death being ruled a suicide.Eight months later, the sheriff’s department announced that they would not reopen the Zahau death case following a review saying they found no evidence she "died at the hands of another."In a statement, the sheriff's department says they do not comment on pending litigation, calling the Zahau investigation "objective and thorough."RELATED:-- Settlement reached in civil case; Shacknai speaks to 10News-- Coronado mansion death case won't be reopened-- Jury finds Adam Shacknai responsible in Zahau wrongful death case-- PHOTOS: Zahau death investigation-- TIMELINE: The Rebecca Zahau case 2188

SAN DIEGO (KGTV) -- The mayor of Temecula has announced his resignation after facing raging criticism over an email stating he didn't “believe there’s ever been a good person of color killed by a police officer." James "Stew" Stewart's comments went viral June 2 and drew a firestorm of calls for his resignation and threats of protests. Stewart made the racist remark in a reply to a constituent "concerned about our police officers and their sensitivity training.""As you know the City of Temecula does not have its own Police Department," Stewart said in his email. "We contract with Riverside County Sheriff's Department.""And I don't believe there's ever been a good person of color killed by a police officer," said Stewart.Stewart posted a copy of the email on his own Facebook page explaining that he is dyslexic and uses voice text, and that he published the note without proofreading what was recorded."I may not be the best writer and I sometimes misspeak, but I am not racist. I deeply regret this mistake and I own it, entirely. I am truly sorry," Stewart said in his resignation letter posted on Facebook late Thursday night.Stewart's comments brought tension to the small tourist destination city during a time in which the nation is seeing daily demonstrations and protests against police killings and racism. A Change.Org petition has started circulating demanding that city officials acknowledge that "systemic racism and police brutality exist in Temecula and the need for reform and consequence."Temecula, a city of about 115,000 residents in Riverside County, is located about 85 miles north of San Diego. The area is a popular Southern California destination known for its dozens of wineries, hot air balloon rides, and festivals similar to Northern California's wine country.Stewart's biography remains published on the city's website. It says that Stewart moved to Temecula in 1991 with his wife and three children from Oswego, Illinois. According to his page, the businessman owns eight barbershops in the area and that he has worked as a dentist during mission trips to Haiti pulling teeth and conducting eye glass clinics in Ethiopia.The city has not released plans to fill his vacant seat. He was elected to a four-year term in 2016.Here is Stewart's resignation announcement:Temecula StewCity of Temecula, I hear you, I agree with you, and I am deeply sorry. I owe everyone an apology including our citizens of all backgrounds and ethnicities, City staff, and my respected colleagues on the City Council. You have every right to be hurt and offended. My typos and off-the-cuff response to an email on a serious topic added pain at a time where our community, and our country, is suffering. I may not be the best writer and I sometimes misspeak, but I am not racist. I deeply regret this mistake and I own it, entirely. I am truly sorry.I understand that even my sincerest apologies cannot remedy this situation. Because actions speak louder than words, I will step down as your Mayor and City Council Member effective immediately. It has been a true honor to serve this great City and its citizens. My love for Temecula and its residents is beyond expression.”Mayor Pro Tem Maryann Edwards states, “Stew is a hard-working and honest man, and the City accepts his resignation. Temecula is poised to close this chapter, and continue our long-term commitment to preventing racial injustice in any form. On this day of Mr. George Floyd’s memorial service, and on behalf of my council colleagues, the City of Temecula offers our prayers and heartfelt condolences to his family.” 3623

SAN DIEGO (KGTV) -- The man accused in the death of three migrants found in the trunk of a car in August was arraigned on related charges in San Diego court Tuesday. According to court documents, Neil Edwin Valera, a U.S. citizen who lives in Mexico, was arraigned in federal court in connection with the deaths of three Chinese migrants, including a mother and her 15-year-old son. The third person in the trunk was a female. None of the victims have been identified. Authorities say Valera is a truck driver from El Paso, Texas. He was arrested at a downtown bus station Saturday. RELATED: 3 bodies found in trunk of car parked in Bay TerracesValera was charged with encouraging aliens to enter resulting in death and bringing aliens without presentation for financial gain. Police discovered the bodies of the three migrants in the trunk of a 1999 silver BMW on August 11 after being called to the 2100 block of Jamie Avenue by a person reporting a foul odor. “The wind would start to blow a little bit, you can smell like, a really, like, it’s hard to explain. I’ve never smelled that before but I thought, well, maybe it was like trash or, you know, like that kind of smell but a very more pungent odor than that," a neighbor told 10News.Video recordings reportedly showed the same car crossing into the U.S. from Mexico on August 9. “These tragic cases are grim reminders that attempting to cross into the United States illegally in the trunk of a car – and putting your faith, hope and future in the hands of smugglers – is extremely dangerous,” said U.S. Attorney Robert Brewer. 1595

SAN DIEGO (KGTV) -- The California Highway Patrol is investigating after a body was found on Interstate 5 near Camp Pendleton Thursday afternoon.According to CHP, the body of a 51-year-old man was found on the exit ramp from I-5 north to Christianitos Road.Once officers arrived, they found the San Clemente man out of view in the brush next to the road.The San Diego County Medical Examiner responded to the scene and is trying to determine the cause of death. Anyone with information is asked to call CHP at 858-637-3800. 531

SAN DIEGO (KGTV) - The brand new Continental Apartment complex in Little Italy isn't like its upscale neighbors.It's made up of studios, some smaller than 400 square feet, and offers very little parking. That's why the starting rent is "just" ,550 a month, about 35 percent below market for the trendy area. "The rent is high in San Diego because of simple math - supply and demand," said Jonathan Segal, the architect who designed The Continental.Segal says costly approval delays and fees are contributing to that very supply crunch. The Continental, no exception, was delayed for two years. Segal says he paid almost million in fees for the building. But he's specifically perplexed by how the city charges what are called Developer Impact Fees. The money goes to uses like parks, fire, library and transportation.The city charges as much as ,000 per unit, depending on location, not size. That's why the city fee on developers could be disproportionately impacting rent prices for smaller units. In other words, if a developer takes a building and creates 40 apartments, that developer would have to pay that fee 40 times. Alternatively, if that same developers takes that same building and does just one large unit, that developer only pays the fee once. Now, there's a growing push at City Hall to change how the city calculates the impact fee. This week, a city council committee held a preliminary discussion on the fee's future. One option, endorsed by City Councilman Scott Sherman, is to do it by square foot. That way, building more, smaller units won't increase costs on developers - and ultimately renters or buyers. "If you were to do it by a square foot process, then a developer would come in and say, 'you know what? I can build two units at 0,000, instead of one at 0,000,'" Sherman said. A 2016 report from the housing commission said flat fees create a disincentive for developers to create more, smaller units that could help ease the housing crunch. Segal says changing how the fee is calculated could give him more latitude to offer lower rents. "I may be able to reduce my rent because I want to be more aggressive," he said. Segal paid about ,500 per unit in developer impact fees for the Continental, totaling 0,000 to the city. The developer impact fees range from ,500 in San Pasqual to more than ,000 in Tierrasanta. 2378