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SAN DIEGO (KGTV) - There’s now a bombshell update about the standoff from earlier this summer at a condo complex near SDSU.Two officers were shot and dozens of neighbors were terrorized. 10News Investigative Reporter Jennifer Kastner has confirmed that officers wanted to search the suspect’s home for weapons days before the shooting.However, the Office of the San Diego County District Attorney did not attempt to get a search warrant. It was a horrifying night that ended with one person dead and two San Diego Police officers wounded by gunfire. Suspect Joseph Darwish died in the massive standoff.He had numerous hand guns and rifles, according to police. In the days after the shooting, 10News was tipped off by a law enforcement source that the FBI’s Joint Terrorism Task Force had wanted to search Darwish's home because they thought he had a weapon and was buying parts to make more weapons.Darwish wasn't supposed to own any weapons because of his criminal history. Our source says the FBI asked the District Attorney's Office to sign off on having a judge issue a search warrant, but the DA’s Office did not do so.For the past 7 weeks, 10News has been trying to confirm this with the DA’s Office.After our 10News attorneys got involved, the DA’s Office sent us a letter reading in part, “On June 13, 2018, the San Diego County District Attorney's Office received a request by law enforcement to review a draft of an affidavit in support of a search warrant to conduct a search of Mr. Darwish's person, property and residence. The District Attorney's Office determined that the warrant was legally deficient and so advised law enforcement.”June 13th was 10 days before the big shooting. 10News asked law enforcement expert and former police officer Kevin LaChapelle what "legally deficient" means. “It means that the District Attorney's Office felt that there was insufficient evidence or insufficient information that a judge would not grant a search warrant,” he explained.10News asked the DA’s Office why it turned down the FBI’s request to do a search warrant, but the DA’s Office will not answer that question, stating it's "exempt from disclosure".LaChapelle said this may have been a lesson learned the hard way, for the DA’s Office. He explained that the DA’s Office may reevaluate when it’s appropriate to seek a warrant. “It may help them start saying [a warrant] didn't meet [certain] criteria but it met this.It didn't meet a [level] 10 but it was at like a 7 and gosh, maybe [the DA’s Office needs] to start looking at this more so we can prevent these kinds of things,” he added. The FBI declined to comment about Monday’s story. San Diego Police have taken the lead on investigating the shootout. As of Monday morning, a lieutenant with the Homicide division said the investigation is still open and active and will probably take another couple of months to finish. 2913
SAN DIEGO (KGTV) — This month, California voters will pick either Democratic candidate Gavin Newsom and Republican candidate John Cox to be the next governor.Both candidates have been campaigning around the state, most recently in San Diego, where they gave their positions on border security and the gas tax repeal effort.Each has laid out their own vision of how to address some of the state's most pressing issues, including the affordable housing crisis. Team 10 investigator Adam Racusin and political analyst Ruben Barrales sort through the gubernatorial candidates' positions.YOUR VOICE YOUR VOTE ELECTION COVERAGE 644

SAN DIEGO (KGTV) -- The San Diego Department of Agriculture is warning residents not to open unsolicited packets of seeds some people reported receiving from China.The department says it has taken 58 calls from people reporting receiving the seeds as of Wednesday afternoon and warns anyone who receives a package to not plant the seeds or throw them away. “The main concern with these seeds is that they were mislabeled and went through customs without an inspection. Seed from other countries might have pests or diseases that don’t exist here. The County Department of Agriculture, Weights and Measures is constantly looking for invasive pests which can be weeds, insects, or diseases. They can cause a lot of harm and we work hard to eliminate them.”RELATED: Mysterious seeds sent from China to US mailboxesThe department says unopened seed packets should be dropped off at drop boxes at 151 E. Carmel St, San Marcos 92128 or 9325 Hazard Way, San Diego 92123 address. They will then be sent to the USDA for analysis.Anyone unable to drop off the seeds should call 760-752-4700.Kimberly Pierce-Nolan is just one of the San Diego County residents to receive the seeds. She said she didn't think anything of it when it arrived at her Imperial Beach home a few weeks ago."I said 'I don’t remember ordering and I thought maybe I did, or maybe it was a free gift or something,'" she said.She put the package aside until recently, when posts and warnings about the seeds started circulating. She said she's happy she didn't throw it away or plant them, but is nervous that her name, address and phone number were all on the package.Reports of unidentified seeds from China have been popping up across the country. All 50 states have now issued warnings about the packages. The department believes it is all part of a “brushing” scam used to boost ratings for online vendors. The packaging label ranges from jewelry to "handmade flowers," and the seeds on the inside vary in size and shape.“At this time, we don’t have any evidence indicating this is something other than a ‘brushing scam,’ where people receive unsolicited items from a seller who then posts false customer reviews to boost sales. USDA is currently collecting seed packages from recipients and will test their contents and determine if they contain anything that could be of concern to U.S. agriculture or the environment,” the USDA said.Wang Wenbin, a spokesperson for China's foreign ministry, said at a briefing on Tuesday that the address labels were forged and that China Post has asked USPS to send those packages to China for investigation. 2618
SAN DIEGO (KGTV) -- Think it’s hot in San Diego? Well, it is, but it could be much, much worse.All things considered, even though San Diego County is experiencing some heat and humidity, America’s Finest City isn’t even on the map of America’s hottest cities.Data website Currentresults.com compiled data from the National Oceanic and Atmospheric Administration and found the hottest cities in the country.The data shows the US cities with the hottest average summer highs in June, July and August. Check out the list below for more: 546
SAN DIEGO (KGTV) - Thousands of San Diego County jury trials are on-hold because of the pandemic. Local court officials have requested another extension from the Judicial Council of California for jury trials to be postponed through mid-September.On Monday, ABC10 News spoke to San Diego Superior Court Presiding Judge Lorna Alksne about the challenges of returning to jury trials. “We’re at 25-hundred jury trials that need to be tried,” she told us.Trials were halted on March 17th. Non-jury trials are currently in progress through a remote virtual process. “What we can't do right now is bring a jury into the courthouse. When you can't even go to a restaurant to eat, the idea of bringing hundreds of people in to sit in a room together is not recommended,” she told ABC10 News.Courtrooms are being retrofitted with plexiglass barriers to protect everyone from jurors to defendants to court staff. Judge Alksne said other safety measures like social distancing will also be implemented, when appropriate.“Once you do resume the process of summoning jurors, what if they just don't feel comfortable? They fear the risk?” we asked. “Jury service is a duty that we hold in high regard. We can't have criminal justice service work without jurors so I would hope that by the time we actually pull jurors in and ask them to come down that unless they have a health condition that would make it unsafe here, that they would be willing to serve,” she responded.The court is still working through other complex issues like the possible need for more alternate jurors. “In other jurisdictions where they have tried to start jury trials up and down the State of California, one juror getting COVID-19 or having symptoms will send everyone home and you'll have a mistrial,” she added.Judge Alksne also said there are currently about 300 violent felony defendants in custody who are waiting to be tried. 1903
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