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EL CAJON, Calif. (KGTV) - The grieving mother of an accused thief filed a lawsuit Thursday against the homeowner who shot and killed her son.The civil suit identifies the homeowner as Michael Poe, and it stems from an incident in the early morning hours of March 11. Police say the homeowner woke up to the sound of glass breaking. He went outside and found someone breaking into his work truck. He told police there was a confrontation and he shot the thief.RELATED: Confrontation between?homeowner, suspected thief ends in deadly El Cajon shootingJoseph Mercurio was man killed. His mother Monika Anderson says Joe had a drug problem but was doing his best to stay sober.“He was on Suboxone, a drug to stay sober, and someone had stolen his Suboxone,” Anderson said. “Although it's really hard for me to imagine my son at  31 years of age would just start stealing, but I think he was just desperate for drugs and in a lot of pain. I don’t think he deserved to die over that.”Police are investigating the incident and no criminal charges have been filed. Anderson’s attorney, Dan Gilleon, says that investigation should not affect their civil lawsuit.“The bottom line is Joe shouldn't have died and at a minimum its because this guy didn’t act reasonably,” Gilleon said. “This is not the Wild West. If you decide to play that gunslinger role, then you’re going to end up losing everything you own.”The lawsuit does not specify an amount.“It’s like a mother’s worst nightmare,” Anderson said in tears. “I told Joe, time and time again how much he meant to me.”10News has tried to make contact with Poe several times since the shooting happened, but have not heard back.   1715

Do you have an iPhone? There's a lot of confusion these days over its COVID-19 tracking feature.Some people want it, some don't, and a lot of us are just plain confused.Yes, it's true: Apple's iOS 13.5 update over the summer added a COVID tracking feature to your iPhone.But that doesn't mean the government is spying on you, according to both Apple and reports in the tech blogs ZDNet and 9 to 5 Mac.You will need to activate the system with help from a local health department.You can find it by going Settings > Privacy > Health.Once in Health, look for COVID-19 exposure logging. It explains that an "authorized app is required" to turn the feature on. (9 to 5 Mac has more detailed instructions)Is Apple secretly tracking you?But from the doesn't that stink file, fears that Apple is secretly tracking you for exposure to the coronavirus.First of all, if your location services are "on," your phone keeps a record of everywhere you have been. That is not new, and has been an issue for years. But there is no truth to rumors that Apple -- or the government -- is checking to see if you are near people infected with the coronavirus.You have to turn the feature on for that to happen.And people with the virus would have to turn on the feature too.No smartphone can simply sniff out the virus out of the air. If so, they could warn us if we are near someone infected (now THAT would be a great feature).Bottom line: No one is tracking your iPhone for COVID exposure, unless you want them to.As always, don't waste your money.______________________________Don't Waste Your Money" is a registered trademark of Scripps Media, Inc. ("Scripps").Like" John Matarese Money on FacebookFollow John on Instagram @johnmataresemoneyFollow John on Twitter (@JohnMatarese)For more consumer news and money saving advice, go to www.dontwasteyourmoney.com 1857

Due to a recent rise in reported health issues, the US Food and Drug Administration warned on Tuesday against using or purchasing Rhino male enhancement products.Since 2007, the FDA said, it has identified more than 25 Rhino products, some with names such as Platinum Rhino 25000 and Krazzy Rhino 25000, that have hidden drug ingredients.The FDA said the products are often sold in single-serving packages at locations such as gas stations and convenience stores, or through online retailers such as eBay and Amazon. Recently, the products have also been found in international mail shipments, the agency said.In an email, eBay spokesman Ryan Moore said, "Product safety is important to eBay and we work hard to ensure our marketplace is free of harmful products. These types of items are prohibited under our policies, and therefore not allowed to be listed on the eBay market place." EBay regularly sweeps the site to remove such items, he said.Amazon has not responded to a request for comment."Over the past few years, the FDA has been combatting the retail sale of male enhancement drug products that are frequently misrepresented as dietary supplements and that contain hidden and potentially harmful active drug ingredients," said Donald D. Ashley, director of the Office of Compliance at the FDA's Center for Drug Evaluation and Research.According to the FDA, the "products contain undeclared ingredients that are the same as or structurally similar to active ingredients found in FDA-approved prescription drugs used to treat erectile dysfunction."For example, some Rhino products contain the same active ingredient as Viagra and Cialis, sildenafil and/or tadalafil, respectively. These undeclared ingredients can lead to "significant safety issues and the risk of serious adverse events," the FDA said."The FDA has received reports of people experiencing chest pain, severe headaches and prolonged erections after taking a Rhino product that led to surgical intervention and hospitalization due to extreme drops in blood pressure," according to the agency.People who experience negative health effects or have issues with the quality or safety of a dietary supplement can report it to the FDA's MedWatch Safety Information program. Products identified by the FDA as having hidden active drug ingredients can be found in the tainted products database.Not all misrepresented products are included in the database, and consumers should still be wary, the FDA noted."Consumers should be cautious about using certain products, especially those promoted for sexual enhancement, weight loss, bodybuilding and/or pain relief. Consumers should also be on the alert for products that offer immediate or quick results and that sound too good to be true," the agency said. 2778

Dog owners from across the country boarded their dogs at Young Gunz Kennel so they could be trained to be hunting dogs.But now, owners are wondering how their pups were left for dead in kennels.After dropping off her puppy "Duke" at Young Gunz?Kennel in early April, Dani Allison of Spencer, Iowa, heard yesterday that Duke was one of three dogs found dead at the facility and the owner, Dustin Young, was nowhere to be seen. "I think that he let our dog die and didn't have the courtesy to call us or tell us or do anything but put him in a black bag," says Allison. Pottawatamie County Animal Control seized the dogs that were still living yesterday and took some to the Council Bluffs Humane Society and others to a makeshift shelter in Oakland where their owners could pick them up. "All of them were pretty shaken of course at the time because none of them had water in probably two days. So we did give them water and food of course but there was a lot of diarrhea and things like that that you have to deal with," says Matt Wyant, who oversees animal control in Pottawattamie County.  1134

EL CAJON, Calif. (KGTV) — A family jewelry shop in El Cajon is out tens of thousands of dollars after a brazen robbery Friday.A couple entered Ishtar Jewelry Store on Avocado Avenue and began browsing around. It was a seemingly ordinary evening."They were looking for different pieces of jewelry, bracelets, necklaces," said Nadin Toma, the store owner's daughter. "My mom was the one who was helping them out. The female found a piece that she liked."After that, Toma said the woman claimed she needed to get her wallet from the car to purchase the piece of jewelry."Our door to get in is an electric door," explained Toma. "We have to buzz anyone in and out just for security purposes."So, the woman was buzzed out, but Toma said she held the door open.That's when the man by her side made his move, jumping over the display counter, snatching up a handful of gold chains, then running out of the wide-open front door."They just grabbed and ran as fast as they could," Toma said. "They got away."Toma estimates the cost of the gold chains were anywhere from ,000 to ,000.But, the thief also left something behind. His fanny pack hooked onto the front door and broke off his body as he ran away.Toma said inside the fanny pack was the suspect's identification card, which she gave to police.She also said a Good Samaritan wrote down the license plate number of the car the couple used to get away."With any robbery, it's very painful for anyone who goes through it," said Toma. "Unfortunately, it happened to us."Toma is hoping the ID card and the license plate number will help police track down the suspect.El Cajon Police is actively investigating. 1666

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