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SAN DIEGO (KGTV) -- The Carlsbad Police Department released body camera footage Saturday night in response to public concerns over officer misconduct during an incident involving a 27-year-old black man.The June 11 incident gained attention after cell phone video surfaced showing officers using a Taser on the man and pressing his head into the pavement in an attempt to subdue him."A video is circulating showing a police use of force incident from Thursday night. Open lines of communication between the Police Department and the community are more important now than ever," Carlsbad police said in a statement."As with all uses of force, we fully investigate incidents to ensure the officers’ conduct is consistent with the Police Department’s policies," police said.The cell phone video doesn't show the start of the incident. The witness video begins with the man on the ground surrounded by paramedics and two officers lying on top of him.The newly released six-minute body cam video starts from the moment two officers respond to the scene. According to the department's timeline of the incident, officers and paramedics responded to a call at 8:48 p.m. about a man found face down on a sidewalk at Ponto Road and Carlsbad Boulevard."Two officers arrived and found the firefighters evaluating the man, who was now standing," police said.Bodycam footage shows the man talking with paramedics, and the group appears to disperse. With the officers approaching, the paramedics step away from the man. The man tells the paramedics, "I'm not complaining about anything else."The man appears to hear something from the group of paramedics and screams out, "are you mocking me?"A paramedic tells the man, "No, I'm not mocking you at all."One officer says, "Hey, they're just here to help you, man."The man stands face to face with the paramedic telling him, "the way he said it is different from how you said it. Because I understand how the f--- you say it. But what do you mean when you say it?"According to the police timeline, "The man walked quickly toward the medics while continuing to yell profanities. Officers, fearing for the safety of the medics, interceded."The report says, "Officers reached out to the man and told him to stop."A struggle ensues and the body cameras are knocked to the ground leaving only an audio recording of the incident for about two minutes. The officers pick up the cameras and resume video recording the scene about two minutes later.The department juxtaposed three camera angles of the confrontation with the man -- two from officer body cameras, and one that was recorded by an unidentified "resident." The witness video fills in a section of lost body cam footage.Carlsbad police said the investigation is still ongoing and are asking the public who may have witnessed the incident to contact the department at their non-emergency line at 760-931-2197.The man in the video, Marcel Cox-Harshaw, 27, of San Diego, was cited and released for resisting arrest. Police also charged him with being drunk in public. Police said drugs and or alcohol played a role in the incident.10News has reached out to Cox-Harshaw for comment.CARLSBAD POLICE DEPARTMENT TIMELINE OF EVENTS:A video is circulating showing a police use of force incident from Thursday night. Open lines of communication between the Police Department and the community are more important now than ever. That’s why we are providing a detailed chronology of this incident.As with all uses of force, we fully investigate incidents to ensure the officers’ conduct is consistent with the Police Department’s policies.At 8:48 p.m. A caller reported a man face down on a sidewalk at Ponto Road and Carlsbad Boulevard.At 8:55 p.m. Carlsbad Fire Department personnel arrived at the location and began their evaluation of the man.At 8:59 p.m. Two officers arrived and found the firefighters evaluating the man, who was now standing.While medics evaluated the man’s condition, the man became visually agitated and started yelling at the medics.At 8:59 p.m. The man walked quickly toward the medics while continuing to yell profanities.Officers, fearing for the safety of the medics, interceded.Officers reached out to the man and told him to stop.The man continued to yell as officers tried to handcuff the man to take him into custody.The man yelled, struggled, turned and pulled from the officers and would not comply with their instructions.At 9:02 p.m. Officers then used a taser to attempt to subdue the man.At 9:03 p.m. The officers then restrained the man by holding his body and head to the ground while placing him in handcuffs. He was not injured, but he continued to shout angrily. Officers asked him to calm down, but he refused to comply and continued shouting.At 9:03 p.m. Officers considered the man detained.A mesh bag called a spit mask was placed on the man’s head to protect the officers and paramedics from coming into contact with droplets coming from the man’s nose and mouth This bag is porous and does not restrict breathing.At this time, paramedics were able to place the man on a gurney, where he continued to yell and struggle.At 9:07 p.m. Paramedics transported the man to a local hospital where he was sedated, assessed and released.The man, 27-year-old Marcel Cox-Harshaw of San Diego, was cited and released for resisting arrest. An additional charge of drunk in public has been presented to the District Attorney's Office. The initial investigation indicates that drugs and or alcohol played a role in the incident.The investigation is still ongoing. We are asking any community members who may have witnessed the incident to call the non-emergency police number at 760-931-2197 to share their accounts.Here are some of the department’s policy that pertain to the incidentOfficers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose.When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include but are not limited to:o The apparent immediacy and severity of the threat to officers or others – Mr. Harshaw charged unarmed fire personnel while yelling profanities.o The individual’s apparent ability to understand and comply with officer commands – Mr. Harshaw would not comply with officer commands.o The conduct of the individual being confronted, as reasonably perceived by the officer. Mr. Harshaw was yelling and behaving aggressively toward fire personnel.o Proximity of weapons or dangerous improvised devices. – Officers had no way of knowing what was in Mr. Harshaw’s backpack or baggy pants.o The effects of drugs or alcohol. Mr. Harshaw appeared to be under the influence of drugs and or alcohol.o Whether the person appears to be resisting, attempting to evade arrest by flight, or is attacking the officer. Mr. Harshaw was at no time compliant.The TASER device may be used in any of the following circumstances, when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to control a person:o The subject is violent or is physically resisting. Mr. Harshaw was physically resistant and behaved aggressively toward fire personnel.o The subject has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others. – Mr. Harshaw charged fire personnel, while yelling profanities and he was not compliant with officer commands.Supervisory notification shall be made as soon as practicable following the application of force. A supervisor was immediately called to the scene and an investigation was opened. The investigation includedo Obtaining the basic facts.o Collect evidence at the sceneo Ensure that all needing medical treatment are treated. Mr. Harshaw was transported to the hospital and released. An officer also received minor injuries.o The scene was canvased for additional witnesses.o Complete a Supervisor’s Compliant Summary Report and forward it to the Professional Standards Unit.o Prepare Supervisor’s Use of Force Report 8374

SAN DIEGO (KGTV) – The Coast Guard Tuesday rescued a 62-year-old man from a fishing boat 72 miles off the coast of San Diego.The crew of the 95-foot boat, called the ‘Oceanside 95,” called the Coast Guard around 11:30 a.m. requesting assistance for a passenger experiencing symptoms of a stroke.Crews arrived on scene around 2:45 p.m. and were able to hoist the man into the Jayhawk helicopter when he was taken to the hospital.The man is said to be in stable condition. Watch video of the rescue in the player below: 530

SAN DIEGO (KGTV) - The man accused of killing a Church’s Chicken employee in Otay Mesa West waived extradition in Tennessee Monday. Investigators and U.S. Marshals tracked down Albert Lee Blake in Memphis last week.Blake was wanted for the murder of Maribel Ibanez and shooting of two other employees at the South San Diego County restaurant earlier this month.According to the Shelby County District Attorney’s office, Blake’s fugitive from justice without a warrant case was dismissed by the judge, which means San Diego authorities will head to Tennessee and pick him up and bring him back to answer to charges in San Diego.RELATED: Suspect in Church's Chicken shooting arrested in MemphisIn addition the murder charge, Blake is also facing two counts of attempted murder, accused of willfully and deliberately shooting Mario Rojas and Humberto Gerardo Cota.According to court documents, Blake has a lengthy criminal history dating back to the 1990s.In 2016, he was charged with counts of manufacturing a controlled substance, possession of marijuana for sale, possession of firearm by a felon and more. He also violated probation earlier this year. Blake also served time for counts of felony domestic violence in 2002 and burglary in 1990, and had DUI charges on his criminal record.TIMELINE: Events that led to Church's Chicken shootingBlake faces 25 years to life for the latest charges.Lt. Matthew Dobbs with SDPD’s Homicide Unit says Blake will be back in San Diego this week where he will be booked in the San Diego County Jail.He will then be assigned a court date to appear on the warrant.Ibanez's sister Gabriela Merino told 10News she is glad he was caught, but nothing eases the pain of losing her sister."Nothing's going to bring her back," said Merino. "She was a good woman."She said the only question she has for the man accused of killing her sister, " I just want to say to him… why he did that to my sister." 1938

SAN DIEGO (KGTV) — The family of 19-year-old Dylan Hernandez, the San Diego State University (SDSU) freshman who died after falling off a bunk bed last November, say they are concerned about the investigation conducted by Campus Police and the University. The family believes the University Police Department is not pursuing certain angles, including a possible cover-up.Last November, Dylan Hernandez died after attending a Phi Gamma Delta fraternity party. In police reports obtained by the San Diego Union-Tribune, the freshman made it back to his dorm room around midnight. On the morning of Nov. 7, 2019, he fell off the top bunk bed and hit his head. An autopsy concluded that Hernandez had fractured his skull, suffering from a brain bleed that ultimately led to his accidental death. Reports also state that his blood-alcohol level was about 0.23, nearly three times the legal limit. RELATED: San Diego State suspends 14 fraternities after student is hospitalizedIn a newly released statement to 10News, the Florida native's family said they are disturbed at how poorly Campus Police and San Diego State are handling the investigation. "The Hernandez family is concerned because witnesses they provided to SDSU and UPD still have not been questioned," George Kindley, Hernandez family lawyer, said. The same University Police reports state that UPD never interviewed anybody from the Phi Gamma Delta fraternity. They also never sought out search warrants for Snapchat videos or phone records, despite knowing that some fraternity brothers instructed others to delete possibly incriminating videos and messages. According to the report, one of those messages read, "Remember, silence is golden."This was a shocking revelation to the family. In a statement to 10News, the Hernandez family said, they hope:RELATED: Cause determined after San Diego State University student dies"SDSU and UPD will quickly live up to their promises and complete the investigation without further delay. The Hernandez family wants SDSU and UPD to take action now to prevent future tragedies like this one from occurring." (George Kindley, Hernandez family lawyer)Sunday, UPD responded to a 10News inquiry regarding the Hernandez family. They said:"The preliminary, incomplete police report was provided to a representative of the Hernandez family in an effort to be as supportive and transparent with the family as possible during a difficult time for them as they are mourning the tragic loss of their loved one. Details of the incomplete report, released late last year, was not meant to be shared with the public as it compromises our ongoing investigation and can hinder witnesses from sharing information. "The Hernandez family also told 10News they are questioning the SDSU's bunk bed safety enforcement. They said:RELATED: SDSU launches two task forces in wake of student's death"SDSU needs to provide all students in school issued bunk beds with a safety rail that actually meets minimum safety standards, not a pseudo safety rail that SDSU knows failed and caused other students injuries in the past." (George Kindley, Hernandez family lawyer)In response, SDSU said in the last five years, they have only had two known incidents regarding bunk beds. However, they did not reveal specifics. They said: "All lofted beds and bunk beds located within SDSU residence halls are produced by national manufacturers and meet California State Fire Marshal requirements. Colleges and universities are not required to follow U.S. Consumer Product Safety Commission guidelines defining requirements for childrens' beds." (Cory Marshall, San Diego State University)The U.S. Consumer Product Safety Commission guidelines state the height from the railing from the top of the mattress must be no lower than five inches. College dorms, jails and military barracks are not held to the same standards. 3885

SAN DIEGO (KGTV) - The cycle of debt is something a lot of people are desperate to break. One of the biggest challenges is keeping up with credit cards, payments and beating the interest rates. Now, a San Diego startup is offering people an opportunity to make purchases on items they may need for themselves or their families, without interest rates, credit checks, or penalties. Marc Schneider is the CEO of Zebit, an online shopping site designed to help people facing financial hardships, get on track, make payments and get what they need. “We’re trying to provide sort of an Amazon for the under-served,” said Schneider. RELATED: San Diego Workforce teams up with UCSD Extension to offer student loan alternativeWhile growing up, Schneider and his family faced financial struggles of their own. “I’ve supported my mother since I was 15 years old. I grew up in a mobile home with a separated family. Ended up being homeless on food stamps,” said Schneider. Now, Schneider is a successful entrepreneur, with Zebit hitting million in 2017, and million last year. “Zebit was built to change how consumers get access to credit, to give them a fair deal and have zero gotchas,” Schneider said. In order to make purchases on Zebit, you first need to create a profile which includes providing your current employment status and driver’s license. The company then uses that information to verify your employment and determine how much of a Zebit line you will receive. The Zebit line is similar to store credit or having a credit card, but without the interest rates and penalties and with the chance to make payments for purchases over a 6 to 12 month period of time. RELATED: Realtors expect busy spring for buyers and sellersFor example, a MacBook Air on Zebit may cost around ,273. The may break down to 8 upfront with 12 payments of a month. A five-piece dining set may cost around up front, with monthly payments around dollars.“We’ve heard stories like you save my Christmas, my daughter wouldn’t have had a birthday present if it wasn’t for you, I couldn’t get married because I didn’t have a way to finance an engagement ring,” said Schneider.Some of the items on Zebit can cost 5 to 10 percent more than some items on Amazon, however the company still stresses that their interest-free model and competitive prices makes it a great shopping experience that was designed with people who may not a lot of money, or struggle with credit card payments and interest rates. “I wanna build a big company that makes an impact on a consumer base, a consumer base that tends to be invisible that tends to be neglected and a consumer base that tends to really rip people off over time,” said Schneider. Schneider hopes his company will help others break their own cycle of debt. 2808