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SAN DIEGO (KTGV)— A homeless man and convicted rapist accused of sexually assaulting a woman at an East Village bar in November faced his accuser in San Diego Superior Court. Gary Cushinberry, who's accused of multiple counts of sexual assault and attempted rape, pleaded not guilty. The judge ordered all media to conceal the victim’s identity, and to refer to her as Jane Doe. Jane Doe took the stand and recalled what happened on the evening of November 5th. She said she was at Amplified Kitchen and Beer Garden in East Village, celebrating with some colleagues.After having a few drinks, she headed to her car. She admitted she was drunk at the time, and her memory was hazy. But she did remember the moment her bottom touch the ground.“He was touching underneath the blanket, and I just remember being shocked. Uh, next he further proceeded to put his hand in my pants,” Doe said. While he attacked her on the ground underneath a dirty blanket, he tried to drug her with what she thought was a meth pipe, Doe continued. Detective Carlos Munoz of the San Diego Police Department also spoke in open court. After the case was assigned to him, he monitored surveillance cameras in the area. The detective found footage of a homeless man fitting Gary Cushinberry’s description, pulling Jane Doe into a bush next to her car. The two were not in frame for the next 25 minutes, until video captured Jane Doe speeding away from the parking lot, back into Amplified, where she later reported the assault.“It’s like you imagine a fight or flight. And I didn’t really fight and I didn’t flight. I just froze,” Doe said. Cushinberry, who is already a convicted rapist in Indiana, returned to the frame, just two minutes later. “When he walks up toward the intersection, or the corner, he is adjusting his belt, he is adjusting his waist,” Detective Munoz said. The next day, Jane Doe provided information for a suspect sketch.Officers also took her to Palomar Hospital to run a rape kit. DNA Criminalist Adam Dutra of the San Diego Police Department Crime Lab tested the DNA swab taken from the front button and zipper of Jane Doe’s shorts.“There was strong support for the inclusion of Mr. Cushinberry as the 98% contributor,” Dutra said. Cushinberry’s past convictions include rape in 1995, sexual battery in 1997, and recently, felony robbery in San Diego.His next court appearance is on December 19th. 2407
SAN DIEGO - San Diego photographers are taking advantage of the serene and luminous glow of the surf this week.Eerie neon blue waves have been seen against San Diego's shore this week, creating some rare photo opportunities. The phenomenon is created when a red tide, which is algae bloom filled with phytoplankton called "dinoflagellates," rolls off waves onto or near the shoreline.The organisms react with a bioluminescent chemical reaction when jostled as a way to warn predators, to lure prey, or communicate within their species. The blue glow can be created by a simple step in the water or crash of a wave.IN SAN DIEGO...The current red tide is being caused by massive numbers of dinoflagellates including "Ceratium falcatiforme" and "Lingulodinium polyedra," according to the Scripps Institution of Oceanography at UC San Diego.The Scripps Institution of Oceanography at UC San Diego is not affiliated with The E.W. Scripps Co., the parent company of this station. Researchers do not know how long this current red tide will last or "the full spatial range of the bloom." In the past, blooms have lasted anywhere from a week to a month or more.San Diego's last red tide event in September 2013 lasted one week, while the previous one in October 2011 lasted a month, according to researchers. Previous ones have lasted even longer.Monday's event was captured from La Jolla to Encinitas. Scripps recommends viewing the marine event from a dark beach at least two hours after sunset, though visibility is not guaranteed.IS IT HARMFUL?...In some areas, a red tide can be toxic to local marine life. In California, the majority are not caused by species that produce toxins, such as domoic acid, according to researchers. However, it's still best to be cautious around the bloom.The Southern California Coastal Ocean Observing System at Scripps samples the water for potential harmful algal toxins weekly.Red tides are unpredictable events and do not always give off bioluminescence, Scripps said.BUT WHY IS IT RED?...The red coloration is due to the high number of organisms in the water. During the day, organisms will swim to the surface to soak in sunlight. Each cell contains a little sunscreen that gives off the color, according to Scripps.When these organisms gather at the surface for sunlight, they can create an especially intense red.Researchers say a combination of physical, chemical, and biological factors are the driving forces behind allowing red tides to form. 2586

SAN DIEGO (KGTV)-- Protests around the nation have put police officers' less-lethal use-of-force under the microscope. A criminal justice professor explained the protocols taught in the Police Academy, and what is considered appropriate and excessive.La Mesa Police used tear gas against riotous protestors rushing Police Headquarters on May 30, 2020."These are things that are designed to get people's attention, to shock them, to say get back," former El Cajon police officer and now criminal justice professor, Kevin LaChapelle said.If the violent protestors disperse, LaChapelle said these less-lethal weapons are serving their purpose. He said in the Police Academy officers are taught to face threats using the "Force +1" method."If somebody is presenting a particular level of force towards me, I can respond with that force and then one more level to basically control the situation."According to the National Institute of Justice, there are five basic levels of "use-of-force" to diffuse a situation.1. It begins with officer presence, in which there is no use of force.2. Then come verbal commands, such as an officer asking for identification or telling someone to 'Stop!'3. The next level is empty-hand control, where an officer could grab, hold a person.4. Then come the less-lethal methods, including a baton, taser, projectile, sound, or chemical sprays.5. The last resort is lethal force or the use of a firearm.LaChappelle said officers primarily use projectiles to control riots. Pepper bullets are normally deployed onto the ground, and when they skid, they emit an uncomfortable spray. Sound, light, or rubber bullets are aimed at or below a person's torso, which can cause bruises. The same go with beanbags, which can be filled with anything from styrofoam to harder materials."When people say, 'This is too uncomfortable, and I can't handle this. I'm going to stop. I'm going to leave,' that is what you're hoping for," LaChapelle said.But to avoid these violent clashes, LaChapelle believes it is crucial to build relationships and dialogue between departments and the community."Lawlessness isn't the answer, but there has to be reform because what's worked in the past does not work for the future," LaChapelle said.ABC10News asked the La Mesa Police Department for its exact protocols for the use of projectiles during violent riots. They sent us a link to their less-lethal weapons manual. Its philosophy states: 2448
SAN DIEGO (KGTV) - In response to safety concerns, a growing number of downtown San Diego public restrooms are being staffed with armed security guards.The city of San Diego has added armed guards to secure the public restrooms outside the San Diego Civic Theatre.The 6-month contract began in April and costs 0,000.00. It’s the latest downtown public restroom location to be staffed with armed security.Over the winter, armed security guards started being stationed at two other downtown public restroom locations, 13th St. and G St., and Park Blvd. and 11th Ave.RELATED: City may seek armed guards at Central Library, other parksThe Civic Theater public restrooms have a history of safety issues and a heavy transient population. San Diego police confirm that last fall, a city employee was reportedly beaten by a man who was trying to bring a shopping cart into one of the stalls.Patrons tell 10News that people are known to use drugs and sleep inside the restrooms. “Some of [the people] have bad tempers so you have to have the means to protect yourself,” says Allstate security guard Herbert Bridges.He’s one of the new guards outside the Civic Theatre, armed with a 9mm handgun. He says he and his coworkers are also allowed to carry batons and pepper spray.“We will never use weapons unless it’s absolutely necessary," he adds.In January, 10News’ Jon Horn broke the story that the city was looking at the possibility putting armed security guards inside various city buildings with heavy transient populations, like the Downtown Library.The city confirms it’s still several months until that could become a reality. 1649
San Diego (KGTV)- For weeks, the pandemic left nursing students at CSU San Marcos in limbo when it came to completing their graduation requirements. Now, thanks to the county, the students can get their clinical hours.When the pandemic hit in March, nursing students were forced out of public health facilities to get their hands-on experience for their classes.“We didn’t know when we were going to go back, and it was halfway through the spring semester,” says nursing student Winter Minton.Minton will be graduating from CSU San Marcos in the spring.The nursing student says for weeks, students were unsure about how they would obtain their clinical hours. A total of 135 hours are needed for two classes.“When we were ready to go back, the county was not willing, ready to have nursing students on site at all,” says Course Coordinator Madelyn Lewis.In August, the county opened a COVID-19 testing clinic on campus and allowed nursing students to work on-site. The students assist patients with self-administered COVID tests while wearing full protective gear.“Not only does it benefit us, but it benefits so many people,” says Minton. “I heard people driving all the way down from Irvine or Fullerton just to get the exam done.”Minton says the walk-in clinic sees more than 300 patients a day.The testing site is open to the public seven days a week. 1363
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