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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 (KGTV)- Two years ago the Norton Sound was docked in San Diego Bay and burned for several days. Now, San Diego is hiring an outside consultant to look into the cargo fire. San Diego Fire gave 10News a statement Friday. They didn’t offer specifics about what the consultant might recommend, but say the focus is to determine if any additional equipment or training is needed when dealing with emergencies on the bay. Back in 2017, Harbor Police told 10News, “It was to my understanding that the furthest a firefighter made it was 6 feet before they started getting pushed about the fire.” Looking back, even businesses remember how horrible the smoke was over the days the fire burned, “People stopped sitting outside and employees complained about it affecting their health.” says Edgewater Grill assistant manager, Sergio Velasco. While the smoke bellowed out of the ship for nearly a week, no one was injured and the fire stayed contained and didn’t spread to any other structures. The city tells 10News the study is being done by Citygate and should be complete in the fall of 2019. 1104

SAN FRANCISCO (AP) — Deadly wildfires in California have burned more than 4 million acres (6,250 square miles) this year, a new record for the most acres burned in a single year. The previous record was two years ago when wildfires destroyed 1.67 million acres (2,609 square miles). California fire officials said the state hit the fearsome milestone Sunday with about two months still left in the fire season. Most of the damage has occurred since mid-August, when lightning strikes caused some of the most devastating blazes. The wildfires have incinerated hundreds of homes and killed 31 people. 606

SAN DIEGO (KGTV)- There's a new requirement that large California counties have to meet before they can advance on the state's color-coded COVID-19 reopening system.State health officials say the "health equity metric" will help reduce infection rates among vulnerable populations.Sunday, San Diego County health officials opened another drive up testing site in Chula Vista. Local leaders say they've been targeting disadvantaged communities with education, outreach, and testing since the start of the pandemic."About 34% of our county population is Latino, but about 66% of the cases, we saw that early on, and that's why we took the action of developing the South Bay Saturation Strategy for testing. We have sites in every community in the South Bay," said Nick Macchione, director of the Health and Human Services Agency for San Diego County.Counties with more than 106,000 residents will be divided into quartiles based on income, education, and other factors gathered in census tracts.The goal is to bring the infection rates in the most disadvantaged neighborhoods in line with the county's overall rate."Now they need to make sure that not only does their test positivity for the whole county, their adjusted case rate, but also their test positivity in the lowest quartile in the Healthy Places Index for the county all need to meet the criteria for the least restrictive tier," said Dr. Mark Ghaly, California's health secretary.Ghaly said counties will need to show that they're directing money and resources to help the communities hardest hit."It's not just the test positivity, that's the piece that helps counties move forward or slows them down in moving through the tier system, but we are working with counties on a broader strategy to focus on equity," said Ghaly.Ghaly said failing to meet the metric cannot push a county back into a more restrictive tier, but can slow it down from moving ahead.Nancy Maldonado is the President and CEO of the Chicano Federation. She welcomes the additional metric."I do think it's a good thing because I think it places emphasis on the importance of taking care of our community and taking care of our essential workers who are disproportionately communities of color," said Maldonado.Some fear it's yet another hurdle to reopening.County Supervisor Jim Desmond took to Twitter, saying if the governor wants to help disadvantaged communities, he should let them get back to work."I think it's really ironic the governor keeps those businesses and lower income folks out of jobs, and now he wants a metric to make sure we're taking care of them," said Desmond.San Diego county remains in the red tier, which is one tier away from the most restrictive purple tier. 2727

San Diego, Calif. (KGTV) - Some military legal experts are raising concerns about President Donald Trump's involvement in the war crimes trial of Navy Seal Eddie Gallagher. This comes after the President ordered that medals and honors for prosecutors in the case be revoked."I think it's troubling," said University of San Diego Law Professor Robert Muth in an interview with 10News. "As the Commander in Chief, it would be his prerogative to weigh in if he felt there was something wrong. However, that would be done in a very different way. You would expect it to be done discreetly."Gallagher was accused of several war crimes during a tour of duty in Iraq. The central charge was that he murdered a prisoner of war, a wounded teenage ISIS fighter. Gallagher was acquitted of that charge. The case drew national attention, including from President Trump, who suggested that Gallagher was a hero who was being treated unfairly. Several people criticized how the JAG prosecutors handled the case."President Trump saw that they were abusing their power," said John Dadian, a San Diego political strategist who also served in the Marine Corps. "Not only manacling him during the trial, but confining him to quarters, he had a hard time taling to his lawyers. That's not fair." Dadian says many military veterans believe the President did the right thing by stepping in.Muth is worried about the President's actions setting a precedent. "The fact that the President went and used the bully pulpit, specifically his Twitter account, to essentially punch down at relatively junior folks who by law can't punch back, they just have to take it, is particularly problematic." Muth says the President's public criticism could have a chilling effect on JAG prosecutors who may feel pressured not to handle a case in the way they believe it should be handled because they feel they would be attacked by the President for political reasons. "These are folks who signed up to serve their country and are now being personally attacked by the President of the United States when they're trying to do their job. This isn't the way to do it. It's not how someone should lead. It's certainly not how the President should lead as Commander in Chief." 2240

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