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SAN DIEGO (CNS) - Three San Diego County sheriff's deputies were justified in fatally shooting an Alpine man who charged at them with a knife in his hand last fall, according to a report released Wednesday by the District Attorney's Office.Daniel Ayala, 31, was shot 10 times outside his apartment in the 2600 block of Alpine Boulevard last Nov. 12.Sgt. Chris Katra, Cpl. Sean McGillicuddy and Deputy Kevin Nulton responded to that address around 2:50 p.m. following reports that a man was screaming, talking about killing himself and others, and throwing items, according to a letter prepared by District Attorney Summer Stephan and addressed to San Diego County Sheriff Bill Gore.Body camera footage from two of the lawmen was also released by the D.A.'s office.RELATED: Man who was fatally shot by deputies in Alpine identifiedAs the deputies approached the front door of Ayala's unit and knocked, announcing ``Sheriff's Department'' three times, Ayala opened the door, said ``What's up!'' and jabbed a knife twice through his metal screen door, the body-worn camera footage shows.The deputies backed up from the door as Nulton alerted the others by saying ``Knife, knife, knife.''Ayala then opened the screen door and advanced towards the lawmen, who opened fire, striking him mostly in the upper body, according to Stephan's letter.Ayala died at the scene. His 5-year-old son was inside the apartment during the entire encounter, but was physically unharmed, according to the district attorney.Toxicology results showed Ayala had methamphetamine, heroin, cannabis and alcohol in his system.Stephan's letter concludes that the deputies ``were in a confined space when Ayala advanced on them quickly with a knife in his hand.'' The letter also notes Ayala's previously reported statements about killing people.``The deputies had no other option available to them as they Ayala could stab them immediately and seriously injure or kill them,'' the letter reads.Katra has been employed by the San Diego Sheriff's Department for 18 years, McGillicuddy for 12 years and Nulton for 10 years. 2096

SAN DIEGO (KGTV) - A fire erupted in the yard of a Skyline-area home and spread to nearby brush before crews successfully put it out.The fire was reported shortly before 1 p.m. Wednesday at a home in the 7000 block of Tuther Way, near Skyline Drive.The fire is believed to have started in the shed or another location in the home's backyard before it spread to a fence and brush directly behind it.The fire also made its way to the house, damaging parts of the home's roof. Firefighters said later Wednesday afternoon that the home was a hoarder house. No one was home when the fire erupted. Smoke from the blaze was visible for several miles. 661

SAN DIEGO (KGTV) - A Coronado gym is taking on a novel concept, devising a bracket-style challenge involving acts of kindness.Founder Nick Merrill grew up on Whidbey Island, north of Seattle, Washington and giving is in his blood. Merrill said his dad was a founder of Hearts and Hammers, a non-profit that helps build homes for those in need.After college he met his wife, who shared his love of fitness. "I met my wife through working out, we started running marathons together and ended up doing some charity runs where we ran across Washington State where we earned a bunch of money for some charities in Africa, built a school, built some wells," Merrill said.Naturally when they opened the doors of Sweat Equity in Bellevue six years ago, they wanted to marry their gym with good deeds. They opened their Coronado gym about two years ago.Every year they have challenges to engage their members. Each March, they play off of the NCAA's March Madness bracket competition.Each team of four earns points through workouts and "each round will have a specific random act of kindness that everyone will do," Merrill said that will earn them points as well.In years past, it's been anything from buying a cup of coffee for someone, to putting change in an expired parking meter. One year they flexed their giving muscles pretty hard, "we brought in over 2,000 lbs of food basically in one day." Merrill said that was for Northwest Harvest in Washington.This year they hope is their biggest year yet."It's so rewarding, it makes you feel so good and it makes the person you helped out feel so good," Merrill said.The competition starts March 16 and ends April 1, with the winner receiving a trophy for their efforts. 1721

SAN DIEGO (KGTV) — A 19-year-old Arizona student has been arrested and now faces animal cruelty charges after police say he abused his emotional support dog.Netzer Villagomez, a student at Grand Canyon University, was arrested Sept. 22 after an Arizona Humane Society Animal Cruelty Investigator responded to reports of animal abuse involving a pug named Miso, an emotional support dog.Miso was examined by an AHS veterinarian, who said she found two fractured ribs, a fractured pelvis, and fractured tooth. Blood work also revealed elevated liver values indicating acute injuries.Police said Villagomez admitted to hanging Miso by its collar and leash, with all four legs off the ground, on two occasions for several seconds each time. Police say he also admitted to harming the dog on purpose.Villagomez sent photos of the reported abuse to another person, police added.Villagomez has been charged with Animal Cruelty, which went from a Class 6 to Class 5 Felony in Arizona last August. This means that such crimes cannot be dropped to a misdemeanor and may included jail time or supervised probation or treatment, according to the law. He's the first person to be arrested under the new penalties.Grand Canyon University released a statement to 10News, saying Villagomez had been expelled following his arrest."GCU Public Safety became aware of an incident involving Netzer Villagomez and immediately took possession of his emotional support animal to ensure its safety. The animal was turned over to the Arizona Humane Society and Mr. Villagomez was removed from campus. Mr. Villagomez has since been expelled from the university following his arrest by the Phoenix Police Department. Phoenix PD is handling any further actions associated with this matter."Miso will remain in AHS' care indefinitely, the humane society says. 1837

SAN DIEGO (KGTV) - A Coronado Police officer who was among the first to arrive at the Spreckels Mansion after the death of Rebecca Zahau testified Monday in the wrongful death civil case.Zahau’s death was ruled a suicide in 2011 but her family believes she was killed. They sued Adam Shacknai, the brother of Rebecca’s boyfriend.Adam Shacknai called 911 to report the body hanging from the balcony.TIMELINE: Rebecca Zahau?caseIn testimony Monday, the unidentified officer said his duty was to go through the home and make sure no one was still inside, deeming it safe for investigators to enter. Investigators would later find a single boot print on the balcony where Zahau’s nude body was found bound and hanging. The shoe print would end up being one key piece of evidence. Investigators needed to find out who it belonged to, and if someone else was with Zahau before her body was discovered.SLIDESHOW: Coronado death investigationThe Zahau family lawyer is trying to prove Adam Shacknai was with her and played a role in her death. Shacknai’s lawyers argue there is not a single piece of evidence that ties him to Zahau’s death.  His DNA was never found at the scene, and there were no eyewitness accounts to support the Zahau family’s claim, lawyers say. The officer on the witness stand was questioned about the shoe print by Keith Greer, Zahau’s family lawyer.“Do you know whether or not that footprint on the deck is yours?” Greer asked.“Personally I do not, but I’ve been told that it is,” replied the officer.He said as part of the investigation, his boots were taken in as evidence.Investigators later determined the print was accidentally left behind by the officer during his sweep of the home.The same officer who testified answered questions from Shacknai’s lawyers about a call he responded to at the home days before Zahau’s death.Zahau’s boyfriend’s son, Max Shacknai, had suffered a life-threatening fall inside of the home while in her care.“Once I entered the house I saw a small boy on the ground with some debris on him,” said the officer.He went on to say he remembers seeing Zahau very emotional and crying, but doesn’t remember directly speaking with her.A PERT counselor, a fingerprint expert and a handwriting expert are also expected to testify Monday. 2314

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