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SAN DIEGO (KGTV) -- A San Diego man convicted of murder will be a free man, decades before his scheduled release.Donnell Fulcher’s conviction for a Barrio Logan murder in 2006 was overturned due to changes in DNA standards, said Deputy District Attorney Hector Jimenez.On Tuesday, Fulcher pleaded guilty to voluntary manslaughter and assault with a firearm rather than go through a third trial. The judge sentenced Fulcher to 14 years, but he received credit for time he already served.Because of that, Fulcher will be released from custody tonight or tomorrow. This result comes after the San Diego County District Attorney’s Conviction Review Unit took a second look at cases involving DNA mixtures, meaning more than one DNA source is found in a sample. Fulcher’s case relied heavily on this type of evidence.The top forensic science group that analyzes DNA released guidelines that are now more conservative, which affected Fulcher’s case. Earlier this year, the District Attorney’s office agreed to give Fulcher a new trial.“We still believe that we have the right guy, but we lost confidence in the conviction so we wanted to give the defendant a chance to have a new trial if he wanted. He chose to plead guilty instead, so at the end of the day, I believe justice was done,” Jimenez said. Fulcher has always maintained his innocence.“I don’t think you can put any limit on the happiness that going free can have for someone who’s serving a life sentence. He is very, very happy. His family is very happy. This is really a joyous moment for all of them,” said Fulcher’s defense attorney Knut Johnson.This would have been Fulcher’s third trial. His first trial ended in a mistrial. 1695

SAN DIEGO (KGTV) - A San Diego man claimed four off-duty San Diego Police officers beat up him outside of a local bar.“I have a laceration on the back of my head, three staples, a lot of bruises a lot of cuts on the face,” said Jonathan Felix.Standing in his attorney’s office, Jonathan Felix described a November night he’ll never forget."All I remember is waking up in my own pool of blood a few times,” Felix told 10News.Felix said that after working a shift at a restaurant in the Gaslamp Quarter, he stopped by a Mission Valley bar for a drink.He said he lives nearby and uses its parking lot because parking in the area is scarce.According to Felix, before he headed home for the night, he saw four men standing near his car. He said he didn’t know them, but wanted to make sure the valuables he had in his vehicle were safe.He said after a few interactions with the guys, they didn't leave and appeared to be intoxicated.He claimed the men never identified themselves as San Diego Police officers."I felt threatened for my life,” Felix said.Felix's attorney said at some point, Jonathan Felix pulled a gun and held it at his side. The officers surrounded him, and the situation escalated.The San Diego Police department saw it differently, calling the off-duty officers victims of assault with a deadly weapon. In a statement the department sent 10News after the November incident, a spokesperson wrote: 1419

SAN DIEGO (KGTV) — A man running in and out of traffic while naked in Little Italy died after being taken into police custody Friday.Witnesses say the man was yelling for help in the area of 600 W. Grape Street at about 11 p.m. When the first San Diego Police officer responded, he was able to place handcuffs on the man.As the officer led the man out of traffic, though, witnesses told police the man began to struggle and was taken to the ground by the officer. At least two civilians had to help restrain the man until more officers arrived.RELATED: El Cajon hit-and-run crash suspect found hiding under bedThe man was taken to a nearby hospital where he died just before midnight. The man's death was ruled as an in-custody death.During the struggle, the man suffered a cut to the head. Police are unsure if that contributed to the man's death.SDPD has not released the man's identity but said they believe drugs or alcohol played a factor in his death.No officers or civilians were injured during the arrest.Anyone with information is asked to call SDPD's homicide unit at 619-531-2293 or Crime Stoppers at 888-580-8477. 1158

SAN DIEGO (KGTV) - A local marine is recovering from COVID-19 while deployed overseas.Jennifer Dulaney says her husband, Kyle, was deployed in April and is serving at a base in Okinawa. He tested for COVID-19 earlier this month.“My husband called me on a Monday morning as I was getting ready for work and said he felt like he was getting symptoms,” Jennifer said.Kyle got worse and was eventually sent to the ICU. His condition began to worsen that he qualified for the Remdesivir. It was described as an experimental drug, and doctors needed Jennifer’s permission to administer it to Kyle.Jennifer is a nurse and knew that COVD-19 could be very severe.“I know where COVID can go, they can spiral downwards real fast,” she said, “so for me, the benefits outweighed the risk.”Jennifer said he began to show improvement on the fifth day. She was able to him Friday morning.“They were drawing his lab work because that’s one of the things with the experimental (treatment), they have to watch things very closely,” she described, “but he actually laughed on the phone, he was able to talk to me without coughing. It’s amazing.”She hopes her husband will be out of the ICU within the next two days.During the difficult time, Jennifer took a leave of absence from her job. She said it was difficult to continue working as a nurse while worrying about her husband’s health. So to help with finances, a friend started a GoFundMe for their family. The GoFundMe has received so much more than they expected, she’s going to donate what they don’t spend to a non-profit that helps military families.“It’s so amazing, so I want to take the amazing, so I wanted to pay it forward,” she said. 1688

SAN DIEGO (KGTV) - A known homeless encampment was cleared this week after employees who work nearby said they were terrorized.The encampment on Federal Boulevard near the 805 overpass was cleared of the usual campers, RVs, stuffed cars, tents and debris commuters often saw driving by.Cal Trans said it did a clean up of the area and California Highway Patrol issued a notice to vacate 72 hours before Monday morning.Nearby, employees who didn't want to reveal where they worked for fear of retaliation said homeless people caused hundreds of dollars in damage. "Windows have been smashed, a mirror was smashed," Jim Withrow said. He described an incident in which an employee coming into work heard a woman scream in the bushes, and was rattled as she rushed to the front door.Another Central San Diego worker said a homeless man jumped the fence and walked toward the front door as an employee was trying to get in. The employee entered and the homeless man shook the door trying to open it. Another employee opened the door and found out he wanted water. She said he didn't seem to be 'all there.'Withrow said the past few months have become more intense; "people who didn't seem to have all their facilities screaming and screaming at people going by."The company went to San Diego Police for help and started putting on pressure.Withrow said he saw the change instantly. "I came around the corner off of 47th and onto Federal and wow, there's no one there."Another employee said it took months to get to this point.San Diego Police told 10News they've been educating the vagrants, and issuing warnings.Along the street, new signs are posted every few yards reading "No littering or dumping.""It feels good, I feel safer. I feel safer because my employees feel safer," Withrow said.As for where the vagrants went, 10News went to the newest Safe Parking lot, run by Jewish Family Services, and it appeared vacant.The last time the Webster street was cleared out was December 2018. The huge undertaking took three days, and was short-lived."They did come right back," Withrow said.This time employees nearby hope the extra signage and police awareness will make a difference. "Hopefully the signs keep us safe out here but there's gotta be other things to do to help the people who are hurting too," he said.A new San Diego ordinance passed in May restricts people from living in their vehicles anywhere within 500 feet of a school or residence. It also places an overnight ban between from 9 p.m. to 6 a.m. anywhere in the city, with the exception of approved lots. 2577

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