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SAN DIEGO (CNS) - A 20-year-old man who pleaded guilty to a voluntary manslaughter charge for last year's fatal beating of a 56-year-old man near a pedestrian bridge behind Petco Park was sentenced Friday to six years in state prison.Dominick Wells admitted his role in the Nov. 18, 2018, beating of Edward Starlard, who was left comatose as a result of the attack by Wells and a group of juveniles.Three of the juveniles involved were also charged in juvenile court, with at least two of the minors pleading guilty so far, according to prosecutors.Witnesses said Starlard had been fighting with a group of young people the afternoon of Nov. 18 when he was thrown down and beaten unconscious, suffering injuries that included fractures to his face and ribs. When witnesses started yelling at the attackers to stop, they fled east on Imperial Avenue, police said.Starlard was placed on life support and never regained consciousness. He died Dec. 3 at Scripps Mercy Hospital.A cell phone video recorded by a bystander captures Starlard, Wells and the juveniles exchanging words, none of which can be heard in the video. At some point, both men grab objects to seemingly defend themselves. Wells picks up a broomstick, while Starlard lifts a bicycle over his head.Starland later tosses the bike to the ground, and is then knocked down to the sidewalk by Wells and the juveniles, who begin punching and kicking him.A medical examiner testified that Starlard's death was the result of a heart attack, which could have been caused by stress or trauma from the fight.Prosecutor Mary Loeb asked San Diego County Superior Court Judge Amalia L. Meza to impose the maximum possible term of 11 years, stating that Wells had multiple opportunities to withdraw from the altercation, but chose instead to attack Starlard even after he put the bike down, then beat him while he was helpless on the ground.She also said that while both men bore responsibility for their roles in the argument, Wells landed the first blow, and only stopped when bystanders intervened."There was no indication that this was going to stop except for people running across the street, seeing what was happening and yelling at the defendant and his friends to stop," Loeb said, which highlighted "the viciousness of this attack."Wells' attorney, Stewart Dadmun, said his client rightfully defended himself against Starlard, who was attacking him, but was guilty of manslaughter for responding with excessive force.Dadmun said the altercation was sparked by Starlard making a lewd comment toward one of Wells' friends, a 14-year-old girl, then threatened to attack Wells and the teens.The attorney said that while the prosecutor noted Wells could have walked away, "It's also worth pointing out that a 56-year-old man could have walked away."Dadmun also noted Wells' young age and lack of prior criminal record in asking for a three-year prison term.Meza said she understood both men played a role in the fight, but said Wells responded with force that was "excessive, brutal and unnecessary when the victim was trying to retreat," and imposed the mid-term of six years.Wells was previously charged with murder in the attack, but that charge was dismissed when he entered his guilty plea in September. He was also previously charged with torture for beating Starlard after he'd been knocked to the ground, but a judge dismissed that count at Wells' preliminary hearing. 3437
SAN DIEGO — A leader has emerged in the battle between two democrats to represent California's 53rd District in Congress, according to a scientific poll released Tuesday. Sara Jacobs is leading Georgette Gomez 38 percent to 24 percent in the race, with 38 percent still undecided, an ABC-10News Union-Tribune says. Jacobs, a nonprofit founder who served in Obama's State Department, is leading Gomez among Democrats, Independents and Republicans who say they have made up their minds. Gomez, currently the San Diego City Council president, is leading Jacobs among the youngest voters, those between the ages of 18 to 34. Thad Kousser, a political scientist at UC San Diego, said the poll still shows the race isn't over, despite Jacobs' big lead. Kousser noted Jacobs still has not secured at least 50 percent of the vote, according to the poll."We're going to see an all-out press and more money spent by each of these candidates because they see that this race is far from over," Kousser said. "Sara Jacobs hasn't closed the deal, Georgette Gomez still sees a light at the end of the electoral tunnel from this poll."The candidates combined spent nearly million campaigning through June 30. Jacobs, granddaughter of Qualcomm founder Irwin Jacobs, reported .5 million in receipts, while Gomez reported .17 million. "It's always nice to have polls reflect what we're feeling on the ground, which is that what voters are looking for in this district is someone who has the kind of experience I have working in the federal government and who will be a new generation of leaders," Jacobs said in an interview. In a statement, a spokesperson for Gomez's campaign expressed confidence. “It’s still early and not a single vote has been cast," the statement said. "Georgette Gómez’s message of leadership in response to the coronavirus crisis and standing up to Trump as President of the San Diego City Council is starting to reach voters. Our campaign is ramping up its efforts to reach voters in every corner of the district."Kousser said Jacobs likely has more name recognition, given her ads and her unsuccessful attempt in 2018 to run for Congress in Coastal North County's 49th District. In the case of Gomez, he said local politics such as City Council does not garner as much attention as it should.The poll, of 534 likely voters, showed 63 percent of the undecided voters are Republicans, in the heavily blue district. Kousser said they simply may decide not to vote in that race.The poll also shows Joe Biden beating President Trump 61 to 30 in the 53rd, which comprises central San Diego and heads south into Chula Vista. The seat came open after Democrat Susan Davis announced she would retire after serving for nearly 20 years. 2751

SAN DIEGO — The main stretch of Avenida de la Playa in the La Jolla Shores area is closing to vehicles through September so restaurants can set up tables out on the asphalt.Restaurants began setting up Wednesday for the outdoor service, which will run through Sept. 27. The change comes in response to a new round of Coronavirus related restrictions that make it illegal for restaurant to serve food indoors. Avenida de la Playa will close to cars from El Paseo Grande to Calle de la Plata. Restaurants will be setting up in the part of the street that was reserved for parking spaces. There will be a 20-foot wide walkway down the center of the road for pedestrians to pass. The move will allow restaurants that lost capacity due to restrictions a chance to add tables. Piatti, for instance, will get 16 additional tables by moving outside, creating 35 new shifts for its workers."I've been here 29 years and I've been able to tell people I'll have something in an hour, I'll be able to seat you in 90 minutes. Those are extreme wait times. and now I'm actually saying for the first time ever, I don't have anything tonight," said Piatti General Manager Tom Spano. The lunch and dinner service will run from 11 a.m. to 10 p.m. 1236
SAN DIEGO (AP) — A military judge on Friday refused to dismiss the murder case of a decorated Navy SEAL, but found the prosecution's meddling in defense lawyer emails troubling enough to reduce the maximum penalty he faces.Capt. Aaron Rugh said an effort to track emails sent to lawyers for Special Operations Chief Edward Gallagher violated constitutional rights against illegal searches and the right to counsel by interfering with attorney-client privilege."It hampered the defense's opportunity to prepare for trial as they became necessarily enmeshed in discovery and litigation related to the operation, thereby harming the accused's right to competent counsel," Rugh said.RELATED: Judge refuses to toss war crimes case over misconduct claimsThe action also harmed the public's view of the military justice system and cast doubt on Gallagher's ability to give a fair trial, Rugh said.The ruling was the latest rebuke in one of the Navy's most prominent war crimes cases and came just days after the judge removed the lead prosecutor as the defense sought dismissal of the case for alleged misconduct in what they characterized as "spying."Rugh found the intrusion "placed an intolerable strain on the public's perception of the military justice system."RELATED: New date set for Navy SEAL murder trial"Applying its broad discretion in crafting a remedy to remove the taint of unlawful command influence," Rugh said he would remove the maximum penalty of life imprisonment without parole if Gallagher is convicted of premeditated murder. Gallagher could now face life in prison with a chance of parole.To relieve the "strain of pretrial publicity," Rugh also said he would allow the defense to reject two more potential jurors without cause during jury selection.Gallagher is scheduled to go to trial June 17 on murder and attempted murder charges.RELATED: Military judge releases Navy SEAL accused of murder before his trialNavy spokesman Brian O'Rourke said the Navy vows to give Gallagher a fair trial.On Monday, Rugh removed the lead prosecutor, Cmdr. Christopher Czaplak. He said it was not within his power to determine whether Czaplak engaged in misconduct, but the potential for a probe into his actions could present a conflict and required his removal.It is extremely unusual for a military judge to remove a prosecutor only days before the start of a trial. Gallagher had been facing trial on Monday until Rugh delayed it for another week.RELATED: Judge removes prosecutor from Navy SEAL war crimes caseLast week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors in the middle of a hearing on several defense motions.Rugh rejected allegations that prosecutors withheld evidence that could help his defense.The military justice system has won few war crime convictions and been criticized for being ineffective.Republicans in Congress have lobbied for Gallagher, saying he has been mistreated. President Donald Trump intervened to move Gallagher to less restrictive confinement in March and has considered dismissing the charges.RELATED: SEAL's trial delayed as defense seeks info on email snoopingGallagher pleaded not guilty to a murder charge in the death of an injured teenage militant in Iraq in 2017 and to attempted murder in the shooting of two civilians from a sniper's perch.He blames disgruntled platoon mates for fabricating complaints about him because they didn't like his tough leadership.Defense lawyers for Gallagher and his commanding officer, Lt. Jacob Portier, have said most of the court documents leaked to reporters have hurt their clients, so the sources are likely on the government side. But Rugh found no evidence of that.Portier has denied charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the militant's corpse.Rugh indicated he was misled about the effort to embed code in emails sent to the defense team and a journalist to track where those messages were sent to find the source of leaks that have plagued the case.He said he didn't have the authority to approve such a tactic and was led to believe Czaplak was working with federal prosecutors so his consent was not necessary.Rugh said he learned Friday that the U.S. attorney's office in San Diego had not approved or coordinated the tracking, defense lawyer Tim Parlatore said.Evidence at hearings last week showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three civilian lawyers and a Navy Times journalist who has broken several stories based on documents that are only to be shared among lawyers in the case.Parlatore, who was among the lawyers investigated, accused prosecutors of a "rogue, relentless, and unlawful cyber campaign" that may have violated attorney-client privilege and hurt his client's ability to get a fair trial.Czaplak downplayed the move, saying the code embedded in emails recorded nothing more than what marketers use to find out where and when messages were opened by recipients.The government said the investigation did not find the source of leaks. 5167
The line is available Monday through Friday from 7 a.m. to 11 p.m., Saturdays from 7 a.m. to 3 p.m. and Sundays from 7 a.m. to 9 p.m. By the end of the year, the state expects that the call center will be available 24/7. In peer-run or peer-to-peer programs, someone who has personally gone through similar mental health challenges provides support to callers. “Too many Californians are struggling with mental health and emotional well-being challenges. Peer-to-peer support is a proven way of helping people stay healthy and get the help they need. The California Peer-Run Warm Line is an important resource for so many people, and I’m thrilled we were able to get it funded,” said State Senator Scott Wiener (D-San Francisco.)The line was made possible through the state budget allocation of .8 million, which will be spread over three years. The debut of the line comes days before Thursday's World Mental Health Day. 1245
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