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SAN DIEGO (KGTV) - The U.S. Coast Guard reports sightings of a whale in San Diego Bay.Several pictures were posted online by San Diego Floating Lab, which is located off Shelter Island in America's Cup Harbor.Captain Rick Scott of Ocean Odyssey took the photos. An employee at the business said it's common for juvenile whales to enter the bay, but they tend to find their way back out.The Coast Guard has not determined what type of whale is in the bay.Watch a Facebook live of the whale in the player below: Have you seen the whale? Send us your photos at pictures@10news.com. 591

SAN DIEGO (KGTV) - The trial for a former San Diego County sheriff's deputy accused of sexual misconduct while wearing his uniform began Monday in Vista.More than a dozen women claim Deputy Richard Fischer made unwanted advances."I think he's a bad guy," a San Marcos woman, who filed ,000,000 claim against the County, said.She said in August of 2017 two sheriff's deputies knocked on her door in the middle of the night for a welfare check. There was no problem and they left but she said Fischer returned alone an hour later, saying he needed to use her restroom; then told her she was cute and hugged her, several times."I was stunned shocked, it was very fast and confusing...I felt very vulnerable, intimidated, felt weak. I felt little." She said, next to tears. "It's just a mess! Everything is a mess! This is hard to do. He shouldn't have come back to my house and I don't ... Everything's a mess!"Similar instances were described by other women. In October of 2017, near the entryway of a 64-year-old woman's condo, Fischer took her report for a domestic violence incident and then made his move."His hands went all the way down to her butt and he squeezed both of her buttocks... he took her hand and pulled it down to his groin area," Lawyer Dan Gilleon said. He represents several women who filed claims against Fischer.Gilleon made a theme apparent, "he knows that she's alone, and she's vulnerable, and she's scared." Another victim called him a predator.Some women who came forward claim Fischer became more brazen, forcing sexual acts.Wednesday a plea deal fell through. The deal would mean Fischer would plead guilty to four felony charges -- down from more than 12 felonies -- and serve no more than five years in prison.10News learned that Fischer would also have to register as a sex offender for life under the plea deal.Fischer faces more than 25 years in prison if convicted of all charges. He has emphatically denied the allegations.Read Related:7th woman accuses San Diego County Sheriff's Deputy Richard Fischer of inappropriate behavior5th accuser accuses San Diego Sheriff's deputy of inappropriate behaviorSecond woman accuses San Diego Sheriff's deputy of inappropriate behaviorSan Diego County sheriff's deputy accused of sexual misconduct pleads not guilty 2300

SAN DIEGO (KGTV) — These aren't your average sand castles.Every year at San Diego's Port Pavilion, tons of sand of hauled in and dumped onto the Broadway Pier. There, a heap of sand sits waiting to become something more.When master sand sculptures from around the globe finally get their hands in the sand, a radical transformation begins.GALLERY: Works of art made from sand at US?Sand Sculpting ChallengeThe U.S. Sand Sculpting Challenge and Dimensional Art Expo is an invite-only competition for sculptors, six from the U.S. and six from other countries. Each artist brings their own vision, artistic sensibilities, and talent to the makeshift sandbox.Sculptures can reach up to 15 ft. tall and weigh more than 10,000 pounds in some cases. Perhaps just as astoundingly, all it takes is nothing more than sand and water (aside from an incredible talent.)For four days, San Diego's waterfront will host competitions between sculptors with more than ,000 in prize money at stake.MORE: Other events happening this Labor Day weekend in San DiegoReturning in 2018 will also be a team challenge, comprised of teams that won the former sand sculpting competition when it was hosted in Imperial Beach from 2000 to 2011.In addition to the competition, family-friendly activities such as live entertainment, a giant sandbox for kids, and rides will be on hand. More than 1,000 works of art will also be on display and available for purchase during the Dimensional Art Expo as well.Proceeds from the events benefit san San Diego School of Creative and Performing Arts, Arts for Learning San Diego, San Diego Padres Foundation, Maritime Museum programs, and more.U.S. Sand Sculpting Challenge and Dimensional Art ExpoWhen/where: Aug. 31 - Sept. 3/Broadway Pier at Port PavilionCost: Tickets available from - Website 1832

SAN DIEGO (KGTV) -- The San Diego Department of Agriculture is warning residents not to open unsolicited packets of seeds some people reported receiving from China.The department says it has taken 58 calls from people reporting receiving the seeds as of Wednesday afternoon and warns anyone who receives a package to not plant the seeds or throw them away. “The main concern with these seeds is that they were mislabeled and went through customs without an inspection. Seed from other countries might have pests or diseases that don’t exist here. The County Department of Agriculture, Weights and Measures is constantly looking for invasive pests which can be weeds, insects, or diseases. They can cause a lot of harm and we work hard to eliminate them.”RELATED: Mysterious seeds sent from China to US mailboxesThe department says unopened seed packets should be dropped off at drop boxes at 151 E. Carmel St, San Marcos 92128 or 9325 Hazard Way, San Diego 92123 address. They will then be sent to the USDA for analysis.Anyone unable to drop off the seeds should call 760-752-4700.Kimberly Pierce-Nolan is just one of the San Diego County residents to receive the seeds. She said she didn't think anything of it when it arrived at her Imperial Beach home a few weeks ago."I said 'I don’t remember ordering and I thought maybe I did, or maybe it was a free gift or something,'" she said.She put the package aside until recently, when posts and warnings about the seeds started circulating. She said she's happy she didn't throw it away or plant them, but is nervous that her name, address and phone number were all on the package.Reports of unidentified seeds from China have been popping up across the country. All 50 states have now issued warnings about the packages. The department believes it is all part of a “brushing” scam used to boost ratings for online vendors. The packaging label ranges from jewelry to "handmade flowers," and the seeds on the inside vary in size and shape.“At this time, we don’t have any evidence indicating this is something other than a ‘brushing scam,’ where people receive unsolicited items from a seller who then posts false customer reviews to boost sales. USDA is currently collecting seed packages from recipients and will test their contents and determine if they contain anything that could be of concern to U.S. agriculture or the environment,” the USDA said.Wang Wenbin, a spokesperson for China's foreign ministry, said at a briefing on Tuesday that the address labels were forged and that China Post has asked USPS to send those packages to China for investigation. 2618

SAN DIEGO (KGTV) — Three gyms, a restaurant, and a Pacific Beach juice shop prompted the most complaints from the public about health order violations, according to 211 data analyzed by ABC 10News.Of the five businesses with the most complaints, the county has only taken enforcement actions against two, in the form of cease and desist or shutdown orders.The 211 data reviewed by ABC 10News includes more than 9,400 complaints received from April 3 through July 29.Number 5: Boulevard Fitness (2110 El Cajon Boulevard)This gym got 141 complaints, primarily for intentionally operating indoors after Governor Gavin Newsom banned indoor gyms July 13. This week, San Diego Police cited the owner after the gym defied a cease and desist letter from the county.The owner of Boulevard Fitness could not be reached for comment.Number 4: The Gym (2949 Garnet Avenue)The Gym got 158 complaints stretching back to April, with tipsters warning of people bunched close together without masks. One tipster said in June, “It’s an outbreak waiting to happen. I cannot stress enough that I’m not exaggerating at all.”The tipster was right. The county ordered the facility to close July 23, but one week later, the county announced it had traced an outbreak back to the facility. An outbreak is defined as three or more infections at one location.The County confirmed this week The Gym was given permission to reopen with equipment outside.A staff member at The Gym hung up when ABC 10News asked for comment over the phone earlier this week. A man who appeared to be the owner tried to stop a photojournalist from recording the outside of the building from the sidewalk.Number 3: Self Made Training Facility (4030 Sports Arena Boulevard)As of Thursday, Self Made Training Facility continued to operate indoors, according to video captured by ABC 10News.This gym got 184 complaints, mostly in mid-July after the owner, Matt Pallardy, posted a video directed at “King Newsom” on Instagram.“This is to let San Diego and everyone know that we will not be closing our doors,” he sai, adding that he encouraged other gyms to do the same.Pallardy declined an interview, but said in a statement that most of the complaints are from people who have not actually been to the facility. He said the gym takes steps to sanitize equipment and noted that they are not as crowded as a typical gym because they only offer personal training.The county has not sent Self Made Training Facility a cease and desist or shutdown letter, spokeswoman Tegan Glasheen said Wednesday.Number 2: Firehouse American Eatery (722 Grand Avenue)Firehouse American Eatery got 190 complaints, almost entirely after a video surfaced on Reddit June 29 showing a DJ performing on the venue’s outdoor patio. Tipsters noted the tables looked closer than six feet and guests were not wearing masks.Owner Matthew Spencer thinks a lot of tipsters didn’t know that masks are not required when diners are seated. The video shows a woman standing and dancing without a mask; Spencer said she was quickly asked to sit down.“I think it was a misunderstanding by the public at the time. It was put on Reddit by someone who wasn’t there, and there you are,” he said in an interview.Spencer said the county only clarified later that DJs were not allowed. He stressed that the restaurant has been going out of their way to follow all the rules.“Regardless of your political views, it seems to me you need to follow the rules. It seems to me that following the rules brings the [infection] numbers down. And so to be on this list is really heartbreaking for us,” he said.Firehouse had no 211 complaints before that incident and three since.Number 1: Mad Beet (933 Garnet Avenue)This juice and smoothie shop collected 191 complaints about employees not wearing masks, mostly after a customer posted a video on Facebook July 10 showing two maskless employees.“I was just dumbfounded this was happening,” said the woman, who asked not to be identified.“I was like, ‘Why are you guys not wearing masks?’ And she’s like, ‘Well it’s our civic right not to and our employer agrees with our choices.’”Owner Brian Dunlap declined an on-camera interview but suggested over the phone and by email that it was an isolated issue. “It was just a long weekend in July for us,” he wrote.However, ABC 10News found two complaints employees failing to wear masks in late April, 13 in May and 11 in June. Several tipsters mentioned that the owner wasn’t wearing a mask either.Dunlap said the shop has been in compliance since the July 10 incident.The county has not taken action against them. 4609

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