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SAN DIEGO (KGTV) - A local dreamer is fighting for a chance to see his dying grandfather in Mexico.Luis Tinoco, who was brought to the United States in 1989 when he was five-years-old, received protective status under DACA, the Deferred Action for Childhood Arrivals program enacted during the Obama Administration.In the past, DACA recipients have been allowed to travel to their country of origin during emergencies if they obtained an “advanced parole” permit from U.S. Citizenship and Immigration Services.On Thursday, Tinoco and his lawyer submitted an application at the UCIS office in Downtown San Diego. But they said it was denied.Tinoco can still apply by mail but he predicts it could be months before he gets a response.“There’s a high chance it might get accepted, but meanwhile, I don’t know what’s going to happen to my grandpa,” he said.Tinoco says he hasn’t seen his grandpa since he was five. All his other grandparents have passed away. 968

SAN DIEGO (KGTV) — A man who spent almost half his life behind bars for a murder did not commit walked out of Donovan Prison in South San Diego County Friday a free man. Spaghetti with meatballs. This is the meal Jack Sagin has been dreaming of for years. The 73-year-old spent the last 33 years in several different state prisons for a crime he did not commit. "I'm sitting there getting up every morning, wondering what the hell am I doing here?" Sagin said. "I ain't done nothing."In July 1986, Sagin was charged with the stabbing murder of a Monterey woman, Paula Durocher. The then-39-year-old used drugs, had a record, and was a perfect scapegoat. His imprisonment was all dependent on two jailhouse informants. "An easy one to convict," Sagin said. But he was stubborn too. Once in prison, Sagin continued to write letters to his Attorney General, congressmen, and anyone else who would listen to his cry of innocence. Then, he heard of a scientific breakthrough that could help him. "When it became DNA, it blew the top of my head off," Sagin said. Sagin was one of the first cases the Northern California Innocence Project took on in 2002. Investigators with the nonprofit reopened the case and found a clue. "We have DNA from a probable perpetrator right there, underneath her fingernails," Northern California Innocence Project attorney Kelley Fleming said. That DNA, they found, did not belong to Sagin. For the next 17 years, the Innocence Project fought to free him. "We had a deal," Fleming said. "That deal was that we weren't going to give up, but he had to keep himself alive. And that's not an easy thing to do in prison. But he did it!""Believe me… Nobody was going to stop me from surviving," Sagin said. In August, the Sixth District Court of Appeals overturned his conviction. On Friday at 9 a.m., Sagin was released from Donovan Prison, and walked straight into the arms of his sister, Barbara Kosar. She has invited Sagin to live with her and her family in Arizona. Just four days before his 74th birthday, a man who was destined to spend life in prison without parole became a free man. He hopes to pay it forward. "I want to work with some youngsters and maybe help somebody," Sagin said. Somebody who may need some inspiration to never give up. The Northern California Innocence Project believes the real killer is still out there. They say they are hopeful Monterey County law enforcement will continue their investigation into the cold case. 2479

SAN DIEGO (KGTV) — A pair of North San Diego County residences may become the latest local site to receive a national historic place designation.The Boathouses in Encinitas will be considered at an Aug. 1 meeting by the California State Historical Resources Commission to be placed on the National Register of Historic Places.On 3rd Street, the pair of boathouses, known as the S.S. Moonlight and the S.S. Encinitas, sit blocks from the water but remain very much connected to 1920s life on the water. RELATED: Shhh: Seven secret spots in San Diego to visit this summerThe homes were constructed by architect Mile Mino Kellogg using timber salvaged from a local bathhouse and a defunct hotel called the Moonlight Beach Dance Parlor. They were always intended to be homes and not actual vessels, but also meant to replicate the appearance and scale of boats at the time.Today, the homes represent what the California agency calls "an architecturally significant example of Fantasy-themed programmatic residential architecture." In short: Residential architecture meant to resemble something other than a traditional building.The boathouses were purchased by the Encinitas Preservation Association in 2008 and are currently rented out as private homes. Once the loan is paid off though, the plan is to convert the pair of quirky dwellings into a small museum.But explorers can visit the homes anytime on 3rd St. or do so with a helping of history from the Encinitas Historical Society during guided walking tours every third Saturday between Sept. and July. 1564

SAN DIEGO (KGTV) — A nurse who pleaded guilty in the brutal death of her boyfriend's baby has been granted parole."Angry, angry," said Deanna Stanley, the grandmother of 7-month-old Nicole Alegado.Stanley spoke to 10News after attending a state parole board hearing Thursday and learning the woman who killed her granddaughter was granted parole.Back in 2008, in order to avoid a trial, the baby's family supported a plea deal. "Emotionally we couldn't handle it," said Stanley.Eileen Villamajor, a nurse living in National City, pleaded guilty to second-degree murder in the killing her boyfriend's daughter, saying she was frustrated by her cries. She was sentenced to 15 years to life."Eileen picked her up by the hair and threw her to the ground twice. Nicole remained crying. Eileen held her head in her hands until she heard it crack, at which time Nicole stopped crying," said Stanley.Stanley sat through those unbearable details at Villamayor's parole hearing in Corona. She listened to Villamayor's petition, including her good behavior in prison and completion of classes to control her emotions. Stanley is still convinced Villamayor is dangerous."For someone to do something that something horrific with their hands ... I don't know if you can cure that in a class," said Stanley.Stanely says Villamayor showed no remorse during the hearing but revealed something new about the motive, which involved about Nicole taking up her father's time."She said she hated Nicole, resented Nicole. To me that shows premeditation. If we had gone to trial, I think she would have been convicted of first-degree murder," said Stanley.In the end, the parole board deciding to grant Villamayor parole. She could serve 13 years and 7 months of a sentence of 15 years to life. Proposition 57 passed in 2016 allows her to accrue good behavior credits which can reduce a life sentence."There is no justice here," said Stanley.The earliest Villamayor can be released is March 2020. The family has 120 days to appeal to the governor's office to overturn the decision, which they plan to do. The District Attorney's office, which backed the family at the hearing, says they will likely write a letter urging the governor to overturn the parole decision. 2250

SAN DIEGO (KGTV) - A San Diego County woman has filed a lawsuit against a local physician who she says used his own sperm to artificially inseminate her.The discovery occurred decades later after Beverly Willhelm and her husband sought out a fertility specialist in the late 80s.Instead of receiving anonymous sperm, she says the doctor used his own. Willhelm says her son, 23-year-old James Mallus, learned after taking a 23andMe DNA test that his biological dad was the same man that his mother consulted to become pregnant.Willhelm says she's now suing the doctor for fertility fraud in a civil lawsuit.Though Willhelm's attorney said the lawsuit was filed Wednesday, ABC 10News is not naming the doctor because we have not been able to confirm that with the San Diego County Courthouse.According to the lawsuit, the doctor still practices in San Diego County. The lawsuit claims that "the Defendant, without Plaintiff's knowledge or consent, used his own sperm to impregnate her."The suit goes on to say that "based on allegations regarding his mistreatment of numerous patients in 1992-93, Defendant surrendered his California medical license in 1999."The doctor's license was reinstated in 2004. Those allegations are not related to the current lawsuit or other instances of fertility fraud.ABC 10News has reached out to the doctor in the lawsuit, but have not heard back. He is not currently facing any criminal allegations. 1439

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