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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) — Surveillance video captures in "disturbing" peeper outside a home in Old Town, as a teenage girl slept inside.Steve rents a home along Jefferson Street. Around 1:30 a.m. Sunday, he was close by with some friends when he got an alert on his phone."Just a feeling of alarm," said Steve.A stunned Steve saw video of a man outside his home, just staring. The cameras capture an older, balding man on the side of the home. His left hand is in his pants, as he peers into the windows."Behavior was really creepy," said Steve.Steve called police and raced home. His 15-year-old daughter was inside, asleep on the couch. In the video, the man keeps looking inside, though all the blinds are closed. His hand is still where it is."My immediate concern is that the guy is going to break a window or climb in the house," said Steve.After peering in the windows, he goes around the back and out of camera range. When he reappears, he decides to smoke before taking yet another look."He was so comfortable in my space looking in my windows and doing what he may have been doing," said Steve.Not long after, police arrive and take him into custody. The video shows he had been outside the home for some 30 minutes. Police say there was not enough evidence a crime had been committed and the man was released after an hour. Steve is still hoping to get the word out on the stranger and the odd behavior he fears could escalate."Probably has done it before and will do it again. Next time, he may go inside the house and decide to do something more than looking in a window," said Steve.Though charges haven't been filed, anyone with information on the case is asked to call San Diego Police at 619-531-2000. 1719

SAN DIEGO (KGTV) - The iconic California Tower reached a major milestone Wednesday, welcoming its 100,000th visitor after it reopened in 2015.The tower was built in 1915 but closed in 1935 amid the great depression. For decades, it fell into disrepair and was closed to the public.It is now open daily for visitors. Tickets for adults cost dollars.  376

SAN DIEGO (KGTV) - The Department of Homeland Security is responding to the caravan of Central American immigrants prepared to enter the United States through the border with Mexico.At least 600 people from Guatemala, Honduras, El Salvador, and Nicaragua are traveling to Tijuana, according to freelance journalist Jorge Nieto. About 100 arrived last night. Eventually the group will enter the U.S. at the San Ysidro port of entry.Homeland Security Secretary Kirstjen Nielsen released a statement on the caravan.“DHS continues to monitor the remnants of the ‘caravan’ of individuals headed to our Southern border with the apparent intention of entering the United States illegally. A sovereign nation that cannot – or worse, chooses not – to defend its borders will soon cease to be a sovereign nation. The Trump Administration is committed to enforcing our immigration laws – whether persons are part of this ‘caravan’ or not.”DHS warned members of the caravan that they may be turned over for prosecution under illegal entry laws. Anyone seeking asylum may be detained while their claims are processed, DHS said.“Again, if you enter the United States illegally, let me be clear: you have broken the law. And we will enforce the law through prosecution of illegal border crossers,” Nielsen stated.The DHS statement encouraged those with asylum claims to seek protection in the first safe country they enter, naming Mexico as a possibility.“While we are committed to doing everything we can on the border to secure our nation, we need Congress to do their job as well.  I join the President in asking Congressional leadership to work with the Administration to pass legislation to close the legal loopholes that prevent us from securing our borders and protecting Americans. I stand ready to work with any member who in good faith seeks to support DHS’s mission and secure our country,” Nielsen wrote. 1914

SAN DIEGO (KGTV) -- The city is backing state legislation that would change when police can use lethal force. The bill would authorize officers to use deadly force only when it is necessary to prevent imminent and serious bodily injury or death. Currently, police can shoot to kill when an objectively reasonable officer would do the same.Democratic Assemblywoman Shirley Weber, who represents the South Bay, co-authored the legislation."The current standard hits communities of color especially hard," she said. "Young black men are 20 times as likely to be killed by police as their white peers." More than 100 people spoke in favor of the bill Tuesday as dozens of officers looked on.San Diego Police Chief David Nisleit called the bill well-intentioned but based on flawed data. He noted while officers killed 172 people in 2017 and only half had guns, more than 90 percent had other potentially lethal weapons. "Officers must make the best call they can with the information available to them at a critical time, and sometimes factors like human limitations in processing information will cause them to make decisions that turn out to be wrong," he said. The bill's now in the assembly.The council voted 6-2, with Scott Sherman and Mark Kersey opposed. Councilman Chris Cate abstained. 1299