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SAN DIEGO (KGTV) -- The Carlsbad Police Department released body camera footage Saturday night in response to public concerns over officer misconduct during an incident involving a 27-year-old black man.The June 11 incident gained attention after cell phone video surfaced showing officers using a Taser on the man and pressing his head into the pavement in an attempt to subdue him."A video is circulating showing a police use of force incident from Thursday night. Open lines of communication between the Police Department and the community are more important now than ever," Carlsbad police said in a statement."As with all uses of force, we fully investigate incidents to ensure the officers’ conduct is consistent with the Police Department’s policies," police said.The cell phone video doesn't show the start of the incident. The witness video begins with the man on the ground surrounded by paramedics and two officers lying on top of him.The newly released six-minute body cam video starts from the moment two officers respond to the scene. According to the department's timeline of the incident, officers and paramedics responded to a call at 8:48 p.m. about a man found face down on a sidewalk at Ponto Road and Carlsbad Boulevard."Two officers arrived and found the firefighters evaluating the man, who was now standing," police said.Bodycam footage shows the man talking with paramedics, and the group appears to disperse. With the officers approaching, the paramedics step away from the man. The man tells the paramedics, "I'm not complaining about anything else."The man appears to hear something from the group of paramedics and screams out, "are you mocking me?"A paramedic tells the man, "No, I'm not mocking you at all."One officer says, "Hey, they're just here to help you, man."The man stands face to face with the paramedic telling him, "the way he said it is different from how you said it. Because I understand how the f--- you say it. But what do you mean when you say it?"According to the police timeline, "The man walked quickly toward the medics while continuing to yell profanities. Officers, fearing for the safety of the medics, interceded."The report says, "Officers reached out to the man and told him to stop."A struggle ensues and the body cameras are knocked to the ground leaving only an audio recording of the incident for about two minutes. The officers pick up the cameras and resume video recording the scene about two minutes later.The department juxtaposed three camera angles of the confrontation with the man -- two from officer body cameras, and one that was recorded by an unidentified "resident." The witness video fills in a section of lost body cam footage.Carlsbad police said the investigation is still ongoing and are asking the public who may have witnessed the incident to contact the department at their non-emergency line at 760-931-2197.The man in the video, Marcel Cox-Harshaw, 27, of San Diego, was cited and released for resisting arrest. Police also charged him with being drunk in public. Police said drugs and or alcohol played a role in the incident.10News has reached out to Cox-Harshaw for comment.CARLSBAD POLICE DEPARTMENT TIMELINE OF EVENTS:A video is circulating showing a police use of force incident from Thursday night. Open lines of communication between the Police Department and the community are more important now than ever. That’s why we are providing a detailed chronology of this incident.As with all uses of force, we fully investigate incidents to ensure the officers’ conduct is consistent with the Police Department’s policies.At 8:48 p.m. A caller reported a man face down on a sidewalk at Ponto Road and Carlsbad Boulevard.At 8:55 p.m. Carlsbad Fire Department personnel arrived at the location and began their evaluation of the man.At 8:59 p.m. Two officers arrived and found the firefighters evaluating the man, who was now standing.While medics evaluated the man’s condition, the man became visually agitated and started yelling at the medics.At 8:59 p.m. The man walked quickly toward the medics while continuing to yell profanities.Officers, fearing for the safety of the medics, interceded.Officers reached out to the man and told him to stop.The man continued to yell as officers tried to handcuff the man to take him into custody.The man yelled, struggled, turned and pulled from the officers and would not comply with their instructions.At 9:02 p.m. Officers then used a taser to attempt to subdue the man.At 9:03 p.m. The officers then restrained the man by holding his body and head to the ground while placing him in handcuffs. He was not injured, but he continued to shout angrily. Officers asked him to calm down, but he refused to comply and continued shouting.At 9:03 p.m. Officers considered the man detained.A mesh bag called a spit mask was placed on the man’s head to protect the officers and paramedics from coming into contact with droplets coming from the man’s nose and mouth This bag is porous and does not restrict breathing.At this time, paramedics were able to place the man on a gurney, where he continued to yell and struggle.At 9:07 p.m. Paramedics transported the man to a local hospital where he was sedated, assessed and released.The man, 27-year-old Marcel Cox-Harshaw of San Diego, was cited and released for resisting arrest. An additional charge of drunk in public has been presented to the District Attorney's Office. The initial investigation indicates that drugs and or alcohol played a role in the incident.The investigation is still ongoing. We are asking any community members who may have witnessed the incident to call the non-emergency police number at 760-931-2197 to share their accounts.Here are some of the department’s policy that pertain to the incidentOfficers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose.When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include but are not limited to:o The apparent immediacy and severity of the threat to officers or others – Mr. Harshaw charged unarmed fire personnel while yelling profanities.o The individual’s apparent ability to understand and comply with officer commands – Mr. Harshaw would not comply with officer commands.o The conduct of the individual being confronted, as reasonably perceived by the officer. Mr. Harshaw was yelling and behaving aggressively toward fire personnel.o Proximity of weapons or dangerous improvised devices. – Officers had no way of knowing what was in Mr. Harshaw’s backpack or baggy pants.o The effects of drugs or alcohol. Mr. Harshaw appeared to be under the influence of drugs and or alcohol.o Whether the person appears to be resisting, attempting to evade arrest by flight, or is attacking the officer. Mr. Harshaw was at no time compliant.The TASER device may be used in any of the following circumstances, when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to control a person:o The subject is violent or is physically resisting. Mr. Harshaw was physically resistant and behaved aggressively toward fire personnel.o The subject has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others. – Mr. Harshaw charged fire personnel, while yelling profanities and he was not compliant with officer commands.Supervisory notification shall be made as soon as practicable following the application of force. A supervisor was immediately called to the scene and an investigation was opened. The investigation includedo Obtaining the basic facts.o Collect evidence at the sceneo Ensure that all needing medical treatment are treated. Mr. Harshaw was transported to the hospital and released. An officer also received minor injuries.o The scene was canvased for additional witnesses.o Complete a Supervisor’s Compliant Summary Report and forward it to the Professional Standards Unit.o Prepare Supervisor’s Use of Force Report 8374

SAN DIEGO (KGTV) -- The City of San Diego says it is working to earn back the public's trust after thousands of families got hit with erroneously high water bills this year. But the problems appear to be persisting. Ed Kitrosser and his wife just got a bill for 3, more than double the usual for their home in Pacific Beach."We're on automatic sprinklers. Nothing has changed, the setting has not been changed for several years," said Kitrosser. RELATED: Inside San Diego: Audit shows City sent thousands of faulty water billsKitrosser is one of about a dozen residents in the P.B. and La Jolla area complaining about outrageously high water bills they received in September. Their concerns come after a city audit found that about 3,000 San Diegans got erroneous water bills, largely due to human error. Shawn Tobias, of La Jolla, is questioning a bill he received for more than ,800."You call the city and say 'I'm pretty sure you made a mistake on this' and they say 'no, no, this is what you used,' and then your heart drops," Tobias said. RELATED: San Diego man furious with city over ,000 water billThe city, meanwhile, says it is making progress on installing a series of reforms after the audit. That includes increased oversight on meter readers, addressing a backlog of meters that need repair, and improving communication with customers."We are now holding everyone accountable," said Johnnie Perkins, the city's deputy chief operating officer. "It's going to take some time, because this wasn't created overnight, but we're certainly going to improve it as fast as we can."The city says it is not charging late fees or turning the water off on anyone disputing a bill. RELATED: City launches app to help customers monitor water bills  1801

SAN DIEGO (KGTV) — The California Department of Corrections and Rehabilitation said up to 8,000 inmates statewide could be released early in order to stop the spread of coronavirus within prisons, and the San Diego District Attorney Summer Stephan is now working to alert victims and families as people are released.“Those are people that cause a public safety risk and a real concern for us,” said Stephan.One known inmate being released in the next week is David Herbert, an Oceanside man who was convicted of torturing and killing dogs. He was sentenced to nine years in 2019 but has served a fraction of that. Now, Michelle Plaketta, whose dog was killed by Herbert, is worried about the safety of her family.RELATED: Oceanside man who tortured neighbors' dogs may be released early due to COVID-19“The system is basically failing us as victims to allow him to be released on such a short time,” Plaketta said.Stephan said at the end of July, about 300 inmates from San Diego County who had committed lower-level crimes were released early and returned back to society. In that group was Martin Alvarez, the man suspected of stabbing another man to death in a Pacific Beach bathroom in August. He had recently been released early as part of this COVID-19 prevention program and now faces the new murder charges.RELATED: Man fatally stabbed in Pacific Beach bathroom, San Diego police sayShe said her office was not alerted when the first group of people was released, so they worked with the CDCR to create a line of communication. Now, the DA’s office will get five days notice before inmates are released, giving them time to reach out to victims and survivors with an emergency team that was created for this purpose.“What do you need from us? Do you need us to help you with a restraining order? Do you need us to help you relocate?” Stephan said, referring to questions they ask victims and survivors.The San Diego District Attorney’s office has so far received notice that another 221 inmates could be released early, but this time it’s for different types of crimes, putting Stephan on alert.“They are serving life in prison for a murder or something like and now that timeline that the victim counted on through a justice system is shortened,” said Stephen.The CDCR’s website outlines the eligibility requirements for early release.People can be released if they have less than 180 days left on their sentence, are not currently serving for domestic violence or a violent crime, have no current or prior sentences that require them to register as a sex offender and finally do not have an assessment score that indicates a high risk for violence.People can be released if they have 365 days or less on their sentence, are not currently serving for domestic violence or a violent crime, have no current or prior sentences that require them to register as a sex offender and finally do not have an assessment score that indicates a high risk for violence.People who are deemed “high risk” for COVID-19 can be released early. People have to be high risk, can't be serving life without parole or condemned, have an assessment indicating low risk for violence and cannot be high-risk sex offenders.Stephan said their first priority is giving assistance to victims and survivors, but she also wants the public to be aware of these releases.“People who commit violent crimes, they could pick another victim when they’re out,” she said.The family of Cara Knott, the woman killed by a CHP officer in 1986, put out a plea to not release her killer, Craig Peyer. The DA confirmed as of Aug. 28, Peyer is not on the list of inmates eligible for early release.RELATED: Cara Knott's family fears her killer could be released 3730

SAN DIEGO (KGTV) — The downtown building at 101 Ash Street has been sitting vacant for most of the last four years and as it continues to sit empty, taxpayers are footing the ,000 per day bill.City Council leaders voted 5-4 — with Council members Vivian Moreno, Monica Montgomery, Barbara Bry, and Georgette Gómezto voting in opposition — to request monthly updates on the building's status and costs for several options presented by Mayor Kevin Faulconer's office.The mayor's options included putting millions of dollars more into the building for the needed repairs, buying out the lease, pursue a new landlord, trying to renegotiate its lease, or walking away entirely, the last of which could risk litigation and credit damage.The coronavirus pandemic has cleared out office buildings across downtown San Diego. But emptiness is business as usual for the old Sempra building at 101 Ash.In 2016, the city approved a lease-to-own agreement for the building, valued at million. The idea was to move upwards of 1,100 city employees into the facility.But officials quickly discovered a series of problems requiring major renovations to the site's 19 floors.In December 2019, the city finally began moving workers into the building, only to vacate them a month later when the county found traces of asbestos.So how did the city get into this mess? A new investigation shows it really never did its homework for such a big purchase from the start.The law firm Hugo Parker found that, "at no time, however, did the city formally inspect 101 Ash before closing escrow."In January, councilmember Barbara Bry showed ABC 10News a document that the city accepted the property as is."That is stupid to do when you are doing a long-term lease purchase on a building that was built in the 1960s," Bry said.An additional new report from Kitchell says the building needs 5 million of repairs, which is well more than what the city paid for it. 1947

SAN DIEGO (KGTV) -- The Metropolitan Transit System has launched an initiative to keep their buses and trolleys clean and their riders and employees safe.MTS officials said their ridership has dropped 75 percent since the start of the coronavirus pandemic. Now, with officials are seeing a recent uptick in riders, the agency is implementing new health and safety measures.Nikki Jefferson has relied on the trolley to get to work for the last three years. When the cases of COVID-19 started popping up around San Diego County, she was nervous about getting back on board.“I still use hand sanitizer after my last stop, anytime I touch the button,” Jefferson said.To help control the spread of COVID-19, the MTS is now cleaning their 800 buses and 135 trolley cars twice a day. MTS is even using the deep-cleaning fogging technique to disinfect high-touch areas.Additionally, hand-washing stations are installed at their 54 transit stops and plexiglass barriers protect bus drivers from passengers.When on a bus or trolley, passengers are urged to practice social distancing whenever possible.Officials said all riders on buses or trolleys, and riders at stops or stations, will be required to wear face masks or coverings.MTS CEO Sharon Cooney said, “We’re going to educate all of our customers so that they know you can’t come on board without as mask for some kind of face covering.”It’s a move Jefferson agrees with as she spends most of her time riding the trolley.“It makes me feel safer and less of a chance that I’m going to catch COVID-19, since I have to go to work, but I don’t want to bring it to work with me or have it around me,” said Jefferson.MTS officials said they will educate the public about the face coverings. Some staff will also have face coverings on hand. But they add if someone refuses to wear one, they’ll look into issuing a citation.So far, 33 MTS employees have tested positive for the coronavirus; 22 have recovered and have returned to work. 1984

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