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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)- A border church and border mosque are calling for a day of unity. A Bi-National Day of Prayer will be held at Friendship Park; a place where families on both sides of the U.S. Mexico border can meet. The group is also releasing a short film to encourage federal leaders to keep Friendship Park open. The film is called “A Prayer Beyond Borders.”“Friendship Park is the only place on the U.S. Mexico border, where families who have been separated by U.S. immigration policy, can come together,” says Dustin Craun with CAIR San Diego. Families “can physically be together.”Worshippers have been holding prayers there every week since 2011. “We can pray together when we can come together. We can break bread together,” says Imam Taha Hassane, with the Islamic Center of San Diego. Worshippers say there have been threats to close Friendship Park, but no action was ever taken. They are hoping their continued presence will show federal leaders they need this space open. “Millions of families in the United States and Mexico have no access to each other at all,” says Craun. “Closing friendship park would close any possibility of them being able to see each other.”First United Methodist Church and the Islamic Center of San Diego are calling for a day of unity for people of all faiths, for the Bi-National Day of Prayer. It will be held a Friendship Park on Sunday, October 27th, from noon to 2 p.m. 1427

SAN DIEGO (KGTV) — Two girls were rescued at Sunset Cliffs by teenage bystanders on Friday after being swept out to sea.Local still photographer Jim Grant was hoping to capture the sunset at Sunset Cliffs Friday evening. But he got much more than just a beauty shot."There were some crazy things going on," Grant said.He ended up witnessing a cliff and water rescue."Two young girls ... They looked to be about 12 or 13," Grant said. "They were down at this point, and a large set came in and swept them off their feet.""The older one hit her head probably down on the reef and had a pretty serious head injury in the water," Lt. Andy Lerum with the San Diego Lifeguards said.Before first responders could arrive on the scene, two boys jumped into the water to help the girls. The two teenage boys worked to keep the girls above water until help arrived, lifeguards said, adding that their efforts were instrumental in saving their lives."It was big surf," Grant remembered. "The girls could not swim or couldn't swim very well, that's for sure. And it just could've been a tragic event if those two guys didn't happen to be here."Grant captured dramatic photos of the rescue, showing responders hoist one of the girls from the cliffs. In the end, Grant did get his sunset shot, just with an amazing cliff rescue in the foreground.Lifeguards remind folks that even in exposed reef areas, strong waves could come crashing at any moment. So take extra precautions when going into the water this weekend. 1509

SAN DIEGO (KGTV) - For the second time this week, Rancho Bernardo High School Principal Dave LeMaster met with concerned parents Thursday regarding Monday's school threat.Students arrived for class Monday morning to find violent threats spray-painted onto around 20 locations on campus. They all indicated a school shooting would happen that day at noon, with messages including "murder, blood, chaos" and "Florida was nothing".LeMaster told 10News police arrived quickly and within minutes determined there was no credible threat.An email notification went out to parents around 8:30am, after class had started, although LeMaster said if there was a danger, notification would have been sent out much sooner."We work with law enforcement to make sure the situation is secure and everyone is safe, and oftentimes, communication comes after that,” said Poway Unified School District spokesperson Christine Paik.Word of the incident quickly spread among students and their family members, which provides a challenge for administrators to inform parents."In the age of social media and texting, sometimes those unofficial communications will beat us to it ," Paik said. "But we have a responsibility to be accurate before we are able to put out those messages.”One parent told 10News she thinks the school should immediately notify parents of any threat to the school to give them the option of keeping their kids away from campus, but other parents worry that doing so could cause unnecessary panic and disruption.PUSD said it will work on improving the time it takes to send notifications to parents. The district is currently working on adding a text message option for parents to receive such notifications.10News reached out to the San Diego Police Department for an update on its investigation into the threats, but has not heard back. 1856

SAN DIEGO (KGTV) -- A second man has been charged in the smuggling of a Bengal tiger cub into the United States from Mexico on August 23, 2017.Eriberto Paniagua - who allegedly told officials at the Otay Mesa Port of Entry that the Bengal tiger cub at his feet was merely a “cat” - was indicted by a federal grand jury and made his first court appearance on Monday. According to the indictment unsealed today, the 21-year-old conspired with the driver of the car, 18-year-old Luis Valencia, and others to knowingly import the tiger cub into the United States. Both men are from Perris, California.RELATED: Customs and Border Protection agents seize tiger cub at US-Mexico borderBoth defendants are charged with one count of conspiracy and one count of smuggling contrary to law. 806