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SAN DIEGO (KGTV) - A federal judge has ordered the San Diego Police Department to stop citing people for living in their vehicles.The decision comes after a lawsuit was filed against the city by a group of homeless people and their advocates.On Tuesday, United States District Judge Anthony Battaglia agreed with the plaintiff’s argument that the city’s municipal code was too vague in defining what constitutes habitation of a vehicle.Tristia Bauman, an attorney with the National Law Center on Homelessness & Poverty which helped work on the case told 10News, “we are very happy and pleased that the judge understood what we were arguing.”However, that was only one half of the lawsuit. The other half targeted the city’s municipal ordinance that outlaws RV parking from 2-6a.m. Known as the Nighttime RV Ordinance, or Oversized Vehicle Ordinance (OVO), the judge denied the request to enjoin it, saying the same argument did not apply.In the decision, Battaglia wrote “while the court sympathies that this Ordinance leaves Plaintiffs with nowhere to park between these hours and is decidedly unfair, the law is not ambiguous, unclear or vague in any way.”A spokesperson for city attorney Mara Elliot declined to comment beyond saying they “will review the ruling and advise our client.”An early neutral evaluation conference had been scheduled for Thursday with all the parties. Bauman said it could result in a settlement or go back to the court for a final ruling. 1486

SAN DIEGO (KGTV and CNS) -- A suspected arsonist was arrested for allegedly starting a series of brush fires in Otay Mesa West, Sunday afternoon. MAST (Metro Arson Strike Team) investigators booked 49 year-old Ramon Guevara for arson.According to the San Diego Fire-Rescue Department, the blaze broke out just after 10:30 near 4th Avenue and Private Road. The fires were ignited in the valley at Otay Valley Regional Park.Crews say at least 10 spot fires started along the road and, as of 12:30 p.m., and had burned three acres. Sunday marked the third day in a row small brush fires popped up in the area. RELATED: Apartments near SDSU evacuated due to brush fireCrews blocked off Beyer Way as they battled the flames until 4:00 pm. Units from the Chula Vista and San Diego fire departments and two firefighting helicopters joined to battle the flames. Bulldozers also were being brought in.No structures were damaged nor were people injured. 951

SAN DIEGO (KGTV) -- A former professional skateboarder convicted of raping and murdering a woman in Carlsbad nearly three decades ago is suitable for parole, a hearing panel at Donovan Correctional Facility determined Tuesday.The Board of Parole Hearings panel determined Mark “Gator” Rogowski is not an unreasonable risk to the community, setting him up for release despite objections from the victim’s father and the San Diego County District Attorney’s Office over a crime that stunned the region in the 1990s.“We think the decision did not take into account the grave public safety concerns posed by this inmate. We think he still poses a threat, especially to women,” said Supervising Deputy District Attorney Richard Sachs. “When someone does something as horrible as this, it shocks the conscience that they would be granted parole,” he added.A world champion skateboarder in the 1980s, Rogowski was convicted of beating Jessica Bergsten with a metal rod into semi-consciousness, raping her, wrapping her in a surfboard bag, and strangling her to death in a fit of rage that spanned three or more hours. Rogowski later buried her body in the desert.Bergsten was a friend of Rogowski's ex-girlfriend. He said he took out his rage from the break-up on Bergsten, a college student and part-time model, in a case of "misplaced revenge."“The pain never goes away,” the victim’s father Stephen Bergsten told the panel. “This inmate received a life sentence, but he imposed a death sentence upon Jessica and our family.”Commissioner Brian Roberts said the panel took several factors into consideration, including Rogowski’s remorse for the crime, lack of significant criminal history, good behavior in custody, and rehabilitation programs he has completed during his 27 years in prison.Roberts said the panel also put significant weight on a new law that gives added leniency to “youthful offenders” who commit crimes before the age of 26. The law, which took effect in 2018, is based on studies showing the impulse control architecture in the brain is not fully developed in most people until about age 25.“I’m disgusted with what I did. I think about it every day,” Rogowski told the board. “I took everything from that poor family. They have every right to be angry with me. I want to make it go away but I can’t.”The Board of Parole Hearings has 120 days to finalize the decision. After that, the case will go before the governor for review.“Unfortunately, justice wasn’t served today, but the governor will have a chance to look at this case and we hope he will,” Deputy DA Sachs said.Commissioner Roberts ordered Rogowski to live temporarily in transitional housing upon release. The 53-year-old inmate said his long term plan is to live with his brother. He said he already has a job offer to do paralegal or clerical work. 2838

SAN DIEGO (KGTV) -- A 63-year-old man was hospitalized after being stabbed in Sherman Heights Saturday night.The stabbing happened on the 2200 block of Imperial Avenue around 8:30 p.m. Saturday.Authorities say the man was arguing with a 19-year-old when the teen stabbed him in the ribs below his armpit.RELATED: PB man stabbed six times, suspect apprehendedAfter the stabbing, the suspect fled the scene, police say. The teenage suspect is described as a Hispanic man about 5 feet, 8 inches tall, thin and was reportedly wearing a brown jacket and gray hoodie.The victim was taken to the hospital with non-life threatening injuries. 646

SAN DIEGO (KGTV) -- A man died Saturday night following an officer-involved shooting in El Cerrito. Police say they received a call just before 8 p.m. from a 70-year-old woman who said her 52-year-old nephew attacked her with a brick at a home on the 5800 block of Adelaide Avenue. Two officers responded to the scene and found the woman, who they say had been hit in the head and chest. Officers found the man in the backyard of the home and tried to arrest him, but they say he struggled.Witnesses say the suspect then picked up a shovel and started swinging at police. "He continued quickly advancing on the officers while swinging the shovel, prompting one officer to fire his Taser, while the second officer fired his service weapon," San Diego Police said in a news release. The suspect was struck by gunfire at least once and died at the scene, police say. The man's identity isn't being released at this time. The suspect’s aunt is expected to be okay and no officers were injured in the incident. The department says one of the officers is a four-year veteran of the department while the other is a 16-year veteran. Anyone with information on the incident is asked to call the police at (619) 531-2293 or Crime Stoppers at (888) 580-8477. 1256