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SAN DIEGO (KGTV)- A local family contacted Team 10, concerned about the recent marriage of their elderly father to his new caregiver.  In a petition filed in probate court through an attorney, the family of James Donald Hess accused his new wife and former caregiver of "physically and verbally abusing him, and asserting undue influence over him." "It's just heartbreaking," said Dede Hess about her father-in-law. "I was just like, this isn't real." Dede Hess said her father-in-law, known to many as Don, is not in the best health. In the petition, it said his "health steadily declined" after Don's second wife passed away in February 2016 and that he suffered from "depression and loneliness" and became dependent on in-home caregivers. In the petition, it claimed that a caregiver named Nicky convinced Hess to marry her after just a few months. Hess and Nicky Shepard -- now Nicky Hess -- were married on October 14, 2017. Hess was 86-years-old. Nicky was 64.  "I think of her as a shark that smelled the blood in the water," Dede Hess said. RELATED: Resource guide for elderly San Diegans and families Dede Hess also learned more about the past of her father-in-law's new bride.  "When she met dad, she was married, but she was a newlywed," Dede Hess said. "Two weeks after her divorce was final, she married dad." Team 10 found Nicky was divorced at least five times.  The family alleged Nicky convinced her new elderly husband to "withdraw large sums of money from his investment accounts" and that she "forged [ his] name on documents," according to the petition. It also said she placed his health "in extreme danger" by keeping medication from him or giving him too much.  "I would love to see some justice on behalf of my father-in-law, especially if he's ill," Dede Hess said.  Team 10 learned that Don Hess is now hospitalized. His family said his heart stopped for several minutes and he also suffered from renal failure and pneumonia. The conflict brought both sides to probate court in mid-March where the judge acknowledged the difference of opinion regarding Mr. Hess's marriage.  "I know that you have very different views about whether this is on one hand, a recent marriage of an elderly person to his caregiver and the vulnerability that that can present and the possibility of financial abuse versus, on the other hand, a person who is engaging in his right in his older years to find love and get married," said Judge Julia Kelety. The petition is to remove Don Hess from the new trust made late last year. Hess's children claimed he was not competent at the time.  The petition said the new trust "largely disinherits his natural children... in favor of Nicky."  "The document was done in December so we have issues about its validity," said attorney Todd Stevens. However, the attorney present for Don's side said that is not the case.  "It appears to be a validly, executed trust by Mr. Hess," said attorney Lisa Frisella. Frisella said in court Mr. Hess went to a lawyer on his own and amended the trust.  Team 10 visited the Hess home to get Nicky Hess's side of the story.  She was home and did not want to talk in person. However, less than an hour later, Nicky called Team 10 and said over the phone: "All I need is love. I don't even think about his money. His kids did not approve our marriage."  Team 10 asked about allegations of elder and financial abuse. Nicky Hess said, "No, no way. I never elderly abuse my husband. I love him so much." In the petition response filed by Don's lawyer, it also denied any abuse and said the "children were more concerned about their inheritance than his happiness." In court, Judge Kelety temporarily "suspended" Mrs. Nicky Hess as successor trustee until another court appearance scheduled for April 5th.  It was a small victory for Dede Hess and the other Hess children, as they pray for their father's recovery. "I don't want this to happen to anybody else," Dede Hess said.  According to the National Council on Aging, elder financial abuse is likely underreported. A 2015 study found this type of abuse and fraud costs older Americans .5 billion a year.    4398

SAN DIEGO (KGTV) — While California's new regional stay-at-home order forces many business sectors to close or adjust restrictions, the state is encouraging residents to continue outdoor recreation safely.In the new order, the state says, "to promote and protect the physical and mental well-being of people in California, outdoor recreation facilities may continue to operate." The order adds that outdoor recreation facilities cannot sell food or drink on-site. Overnight stays at campgrounds are also banned. According to San Diego County, campgrounds are open for day-use but county community centers, gyms, teen centers, and nature centers will be closed.RELATED:San Diego County attractions prepare to close amid new stay-at-home ordersCounty urges San Diegans to heed new health orders as COVID-19 cases surgeSan Diego restaurant workers dread latest shutdownCalifornia's order encourages residents to safely enjoy parks, the beach, hiking, walking, or bike riding with members of their own household.Gyms will be allowed to operate outdoors only under the order, while still meeting COVID-19 safety guidelines for outdoor recreation facilities."Gyms in counties in a region that is impacted by the order must stop indoor operations," California's website states. "Outdoor gyms meet the essential workforce definition of an outdoor recreational facility for the purpose of facilitating personal health through physically distanced outdoor exercise and may continue operations."In the City of San Diego, golf courses and pools that are already open can stay open, but reservations will be required.While parks and preserves remain open, playgrounds — outdoor and indoor — must close under the health order. Though at times outdoors, museums, zoos, aquariums, and family entertainment centers must also close.Outdoor recreation facilities will still require social distancing and mask-wearing, county and state public health officials say. The new regional stay-at-home order will last for at least three weeks starting Dec. 6 at 11:59 p.m., until the county is approved to move back to the state's blueprint for reopening tier system. 2148

SAN DIEGO (KGTV) - UC San Diego and the San Diego Police Department are investigating a series of incidents where a man reportedly exposed himself several times so far this year. According to the university, from January through March of 2019, there have been at least six reports of a man who appears to be jogging in the University City area when he reportedly exposed his genitals to women. During all the reported incidents, the suspect ran up to female victim and exposed himself before running away. San Diego Police detectives are still investigating the patterns of the six incidents. But Lt. Justin Scott told 10News, most of the incidents happened during the last afternoon/early evening hours in the UTC South area.The man is described as a white or Hispanic man in his 20s or 30s, approximately 5’ 5” to 5’ 10” tall with a beard in most of the incidents. The suspect has been seen wearing black or gray running shorts and a green or black hoodie pulled up. None of the incidents happened on the UC San Diego campus, but some of the victims were students, police said. The university says anyone who has been sexually assaulted or subject to other forms of sexual misconduct or harassment should report the incident to university officials and San Diego Police Northern Division. 1298

SAN DIEGO (KGTV) — Two people escaped uninjured after a sailboat crashed into an Ocean Beach jetty, before the vessel itself was crushed by high surf.The 25-foot long boat collided into the North Channel jetty in Ocean Beach with the two individuals on board, according to San Diego Fire-Rescue Department spokeswoman Monica Mu?oz. San Diego Lifeguards used a personal water craft to reach the vessel and safely pull the two individuals after they were forced to jump from the boat. The boat was attempting to leave the jetty area when a large wave forced them to pull a U-turn. SAN DIEGO FORECAST: Wednesday's rains to strengthen heading into ThursdayWind caught the sails and instead sent the vessel back into the jetty, according to witnesses at the scene.Those two people were uninjured in the wreck though the sailboat was crushed by high surf and sunk within the channel's entrance, according to Mu?oz.The boat's owner is now responsible for making arrangements to tow the boat from the channel.RELATED: Where to get free sandbags to protect your home from floodingA storm system forecasted for San Diego County has brought high sets to local beaches Wednesday. High surf forced the Ocean Beach Pier to close and lifeguards to ask swimmers to stay out of the water, as waves could be seen crashing against the pier. 1329

SAN DIEGO (KGTV) — At Fleet Week, the Osprey MV-22 is on display, on the USS Harper's Ferry's flight deck, a controversial aircraft after dozens died during training. Crews say now it's much safer.The unique aircraft transforms from a helicopter to a plane mid-flight. The trouble, four crashes killed 30 people during training missions from 1991-2000."Most every system on that aircraft has a triple redundant system, so that if there is a failure the other two systems pick up the slack," Corporal Tyler Gartin said. Over the years, the advanced, one-of-a-kind system has been constantly updated, making safety a priority.RELATED: Fleet Week San Diego brings hands-on experiences to publicThe Marines onboard the USS Harper's Ferry say it's indispensable."We can land it anywhere we want to just like a helicopter, but then we have that extreme range of an aircraft," Captain Vinnie Gallo with the US Marine Corps said they can refuel while flying, extending the range exponentially.Another quality setting this bird apart, speed. "Basically it's going to suck you back into your seat, and everyone in the back is going to feel that, get pulled to the side. It's a pretty good force, feels like a sports car," Gallo said.RELATED: Honor Flight San Diego: Military veterans take off for 'Tour of Honor'Both Gallo and Gartin say the technological updates make the aircraft safe, and they're not concerned when they take her up."There was a tragedy out in Kumamoto, a terrible earthquake, a lot of people were stranded, injured and didn't have a whole lot of supplies," Gartin said he was in Japan for the relief effort. "The Osprey was able to land in places that other aircraft were not able to, and carry out a much higher payload than any other helicopter possibly could have. So it was absolutely indispensable."Some in the military still don't trust this bird, "just because of the fact that some people still don't like riding roller coasters and that aircraft right there is a rollercoaster," Gartin said.RELATED: Coronado residents worried about noise from new Navy planesYou can check out the Osprey and ask any questions of the crew anytime during Fleet Week Saturday, or Sunday from 10 a.m. to 4 p.m.For more information about events or how to donate to Fleet Week, visit fleetweeksandiego.org. 2452