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SAN DIEGO (KGTV) -- A San Diego couple is challenging a luxury carmaker after their BMW SUV suddenly caught on fire. The Pearsons said they bought a BMWx5 in August 2018 because they thought it would be safe and reliable. In December, they replaced the battery at BMW of Escondido. The next month, Lisa Pearson was driving on Interstate 15 when she noticed a warning light showing an airbag and parking brake error. She pulled over and noticed smoke coming from the back of the car.“It happened so fast,” Lisa said. A fire had started from the rear of her vehicle. A passing tow truck driver stopped to help put out the smoke and flames. Firefighters told her it could have been a different story if her children were inside in their car seats. “It was really nerve wracking,” Lisa said. “I was really thankful since I saw that the fire was happening in the back of the car that the kids weren’t there.”They said their SUV was a total loss. It was after the fire that the Pearsons ran into even more problems. When BMW of North America inspected the vehicle, they blamed it on “an improperly secured connection of the battery cable." In the letter to the Pearsons dated February 29, 2019, Executive Customer Care Representative Michael Pigoncelli wrote, “BMW NA cannot accept responsibility for any damage, injury, or loss associated with the fire…” BMW of Escondido disagreed with corporate’s allegations, writing to the Pearsons that “the repair was done as per the BMW guidelines.” “It just seems that they’re pointing fingers at each other. Nobody cares about us or the consumer,” said Ryan Pearson. “It was still under factory warranty,” Lisa added, saying they hadn't even had it for five months. “What’s it going to take? Does someone need to die?” The Pearsons are not the only local couple to have their BMW catch fire. In October 2017, Laura Ohme said her parked BMW started a fire at the Torrey Hills homes where she lived with her family.She was in the shower when she heard a strange noise. “I just hear this really really weird popping kind of noises,ll ” Ohme said. With her two kids asleep in their rooms, she threw on a towel to find out what was going on. She went downstairs and saw smoke. “The door itself [was] literally black and glowing.”Ohme grabbed her two children and ran outside the house. “The fire, it was raging at that point,” she said.Fire investigators determined her recently purchased 2014 BMWx5 started the fire. It was a certified pre-owned vehicle she bought just a few months before. Ohme said the vehicle was sitting in the garage and turned off at the time of the fire. "I didn’t even put 5,000 miles on the car,” Ohme said. She said BMW has had a “non-response” to the situation. “BMW is not taking responsibility,” she added.While the Ohmes and Pearsons’ fires started under different circumstances, they shared things in common. Both BMWx5s were recently purchased just a few months before the fires. They both had warranties and neither vehicle was under a recall.ABC News started investigating mysterious BMW fires in 2017. Like the Ohmes, dozens involved vehicles that were parked and turned off. Since then, about 1.6 million BMWs have been recalled for fire risk. A BMW spokesperson told Team 10: "BMW notifies owners of vehicles affected by a recall via registered mail to advise them that their vehicle is part of an upcoming recall campaign and what the next steps are. BMW recently expanded its recall notification system for vehicles built after 3/2016 to allow owners to also be notified through the BMW Connected App on their smartphone. A vehicle recall may require that a part be replaced or software be updated." A spokesperson for BMW of North America told Team 10 they could not comment on the Ohme’s situation “due to litigation.” The Ohmes' attorney told me they are preparing a class-action lawsuit for the damages caused by the BMW fires.“I was able to get myself and my children out safely, but at some point someone is going to die,” she said.Regarding the Pearsons, BMW of North America wrote on March 22nd that they still believe the Pearsons’ vehicle caught fire because of “an improperly tightened battery terminal after a recent battery service.” The spokesperson added: “BMW is currently working with the dealer and the owner to resolve the matter.”In an email on March 22nd, a few days after Team 10 first contacted BMW of Escondido, the service manager wrote he “sent the Pearsons claim and contact info for [their] insurance company” and instructed their insurance to settle her claim as quickly as possible. They still disagree with BMW of North America’s findings. “We can’t let this go on and hurt other people,” said Ryan.“You are saying you are a very high quality company that sells very luxury cars, and yet your cars are catching fire. Those two do not go hand in hand,” Lisa said. If you want to check your vehicle for any open recalls, you can click on this link: https://www.nhtsa.gov/recalls 4989

SAN DIEGO (KGTV) — A San Diego judge says police departments must release records related to officer misconduct.The decision comes after local media groups, including 10News, sued to keep some police unions from blocking departments from following a groundbreaking new law in California.“This court finds that Senate Bill 1421 applies retroactively, to all, keyword, all personnel records of peace officers not only now but prior to January 1, 2019,” said San Diego County Superior Court Judge Eddie Sturgeon.Senate Bill 1421 requires departments to release records of officer-involved shootings and major uses of force, officer dishonesty and confirmed cases of sexual assault to the public.Several police associations in San Diego County sued to block the release of records, arguing Senate Bill 1421 doesn’t contain any express provision or language requiring retro-activity or any clear indication that the legislature intended the statue to operate retroactively. They claimed the bill eliminates the longstanding statutory confidentiality of specified peace officer or custodial officer personnel records.“These records have been under seal for 45 years, and when you have that kind of duration, and decisions are made for that long than it is going to create substantial disruption when the law changes, and all of a sudden these things have been under seal for four and half decades are available for public perusal,” said Richard Pinckard, attorney for the unions.An attorney for the ACLU argued they intervened in the case to defend the public right to know saying the law was designed to be retroactive.“These are fundamental matters that the public has a right to know,” said David Loy, attorney for the ACLU of San Diego & Imperial Counties. “To restore public trust the public has to have the right to know and observe what the officers have done and what the agencies have said about it.”The Judge ruled no records could be released before March 29. He’s giving the unions time to appeal if they want. 2028

SAN DIEGO (KGTV) – A man was hospitalized after being shot in San Diego’s Encanto neighborhood, police said Thursday.The shooting occurred at around 5:50 p.m. Wednesday on Imperial Avenue, according to San Diego police.Police said the gunfire detection system ShotSpotter reported shots fired in an area near the 6100 block of Imperial Avenue. A second ShotSpotter activation followed shortly after, this time coming from the 6300 block of Imperial Avenue.Responding officers arrived to find a man lying on the ground in a parking lot of a business. The victim had an apparent gunshot wound to his upper torso, police said.The 24-year-old victim was taken to the hospital and is in extreme critical condition, according to police.Police said, “At this time, there is very little known about the circumstances surrounding this incident.”Anyone with information regarding the shooting is asked to call SDPD’s Homicide Unit at 619-531-2293 or Crime Stoppers at 888-580-8477. 979

SAN DIEGO (KGTV) — A new study reveals the importance of having qualified athletic trainers available at high schools. One of the experts behind the study says he is shocked at how poor a job California does at regulating athletic safety."California is either dead last or next to last in all of these ratings of high school sports safety," according to Dr. Eric Post, an Assistant Professor at San Diego State University, who helped author the study.Robbie Bowers, trainer at Rancho Bernardo High School, says only about 60 percent of California schools have a certified trainer. With several sporting events and practices occurring for each school on any given day, it's nearly impossible even for schools with a trainer to have adequate coverage for all athletes.According to Post's research, that greatly increases the risks for student athletes who suffer an injury. "At schools with low athletic trainer availability, kids with a concussion were more likely to have that concussion go unidentified and also more likely to have that concussion be mismanaged as a result." Post adds that at schools with low trainer availability, an athlete with a concussion was often not treated until 24 hours after the injury. At schools with adequate trainer availability, athletes got initial treatment within 30 minutes.Bowers has backed previous efforts to create a statewide standard and certification; however, those legislative attempts have failed to pass. A new version of the bill is expected to be introduced in the state legislature early next year. 1561

SAN DIEGO (KGTV) — A jury returned several guilty verdicts Friday against a La Jolla restaurant owner accused of raping eight women who he either drugged or knew were too intoxicated to consent to sex.Jurors found 61-year-old Daniel Dorado guilty of 20 counts in connection with alleged rapes that happened in 2009, 2014, 2015, 2017, and 2018. Some of the counts Doroado was found guilty of include two counts of rape of an unconscious person; two counts of rape of an intoxicated person; two counts of assault with intent to commit rape, sodomy oral copulation or sexual penetration of an unconscious or intoxicated person; two counts of sexual penetration of an unconscious person with an unknown object; and two counts of sexual penetration of an intoxicated person with an unknown object.Dorado had faced 35 felony counts. The jury acquitted him on three counts, deadlocked on six counts, and have not yet reached verdicts on six remaining counts. They will reconvene Dec. 30 to deliberate the remaining counts.RELATED:Restaurant owner charged with rape testifiesTrial begins for La Jolla restaurant owner accused of sexual assaultsProsecutors say as the owner of La Jolla's Voce del Mare, an Italian restaurant on La Jolla Boulevard, Dorado would meet his victims at local bars and restaurants some times under the assumption they were interviewing for a position at his restaurant or through dating websites.Dorado allegedly offered the woman spiked drinks, causing them to fall unconscious and later awake in the middle of or just after sex acts with him.He was arrested in March 2018 on suspicious of assaults against four women, before more women came forward.Dorado's defense attorney argued throughout the trial that there was no proof drugs, force, or threats were used on his client's behalf and that each encounter was consensual.RELATED:8 women accuse Bird Rock restaurant owner of sexual assaultNew charges filed against La Jolla restaurant owner accused of rapeLa Jolla restaurant owner accused of sexual assault makes first court appearanceMore women come forward about La Jolla restaurant owner accused of rapeWoman accuses La Jolla restaurant owner of rape comes forward, talks only to 10News 2220