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SAN DIEGO (CNS) - Former Navy SEAL Edward Gallagher, who was acquitted of murder and attempted murder charges last year stemming from allegations that he fatally stabbed a wounded teenage ISIS fighter and shot Iraqi civilians, is suing the Secretary of the Navy and a New York Times reporter, alleging the reporter defamed Gallagher with the help of Navy officials illegally leaking him documents.The suit accuses the Navy of leaking "about 500 pages of confidential documents from the Navy's criminal investigation" on Gallagher to reporter David Philipps, who extensively covered the allegations against Gallagher prior to and after his trial at Navy Base San Diego last year.The suit also names as a defendant Navy Secretary Kenneth J. Braithwaite, who was sworn in to his post Friday, the same day Gallagher's lawsuit was filed in San Diego federal court.Representatives of the Navy and New York Times could not immediately be reached for comment.Gallagher was acquitted in July of several serious charges related to the alleged slaying of a teenage boy, as well as allegations of firing indiscriminately on civilians from a sniper's nest, which could have had him facing life in prison. However, he was only convicted of posing with the teen's body in a photograph, resulting in a demotion in rank. President Donald Trump, who publicly supported Gallagher throughout the allegations, restored Gallagher's rank in November.According to the lawsuit, "corrupt Navy officials" conspired to defame Gallagher by leaking information to Philipps, who published several articles that Gallagher's attorneys allege presented false information to discredit the former SEAL.The complaint further alleges that Philipps wholly fabricated some allegations against Gallagher, including that Gallagher routinely fired on civilian neighborhoods and tried to run over a Navy Police officer in 2014.The suit alleges information leaked to Philipps included "witness interview summaries and seized text messages" from the criminal investigation and "a complete list of other SEALs that Chief Gallagher had deployed with on prior occasions" so that Philipps could contact them for his stories.Navy officials hoped "negative publicity would help to pressure Chief Gallagher into taking a plea, as well as to influence any potential jury pool," the complaint alleges."Navy officials presented David Philipps with a golden egg," the lawsuit alleges. "They would illegally provide him with certain protected documents, in clear violation of the Privacy Act and court orders, so that Philipps could write a damning portrayal of Chief Gallagher, with reckless disregard for the truth."The suit, which seeks unspecified damages, alleges Gallagher has suffered "significant mental and emotional anguish" through the Navy's "violations of the Privacy Act and unlawful disclosure of Chief Gallagher's private information to David Philipps."The lawsuit is not the first time Gallagher's attorneys have accused Navy officials of misconduct.Gallagher's defense team previously alleged Navy prosecutors used tracking software to spy on the email accounts of the defense and a Navy Times reporter covering the trial.The trial judge, Capt. Aaron Rugh, removed prosecutor Cmdr. Chris Czaplak from the case just before the trial was set to begin, ruling the prosecution sent emails to the defense and the Navy Times reporter that were embedded with code that would track the recipients' email activity.The findings led Rugh to order that Gallagher be released from custody due to violations of his Fourth and Sixth Amendment rights and that his maximum possible sentence of life without parole be reduced to life with the possibility of parole. 3715

SAN DIEGO (CNS) - A teenage boy who shot his father five times in the master bedroom of the family's Scripps Ranch condominium last year, then fired another shot through the door of another bedroom, where his mother and half- brother had barricaded themselves, will be remanded to a juvenile detention facility for as much as nine years, a judge ruled Friday.The 16-year-old defendant was tried as a juvenile and found guilty last month for the April 29, 2018, killing of 46-year-old Thanh "Sonny" Pham, as well as the attempted murder of his mother.According to prosecutors, juvenile court sentencing guidelines dictate that the boy can be held in custody until he is 25, though he could be paroled earlier than that.Superior Court Judge Louis R. Hanoian said the sentence for the convicted counts would have the boy facing a 67-year-to-life prison sentence had he been of age.RELATED: Man dead after shooting in Scripps Ranch; 15-year-old son arrestedDuring the boy's bench trial, Deputy District Attorney Mary Loeb said the teen ambushed his father, using Pham's own Glock pistol, then came "storming out of the bedroom with the gun" and began scoping the unit for his mother and half-brother, who had taken refuge inside his sibling's bedroom. Loeb said the gun was empty after the youth fired on his father, and he had to return to the bedroom to reload so he could "continue on this rampage."Defense attorney Mary Ellen Attridge argued that the killing was committed in self-defense, following years of routine physical abuse at Pham's hands. The juvenile testified that Pham often struck him as a form of discipline, including once just minutes before the shooting, knocking him briefly unconscious. He also said that Pham once shoved his mother out of a moving vehicle and his family members also testified that Pham was abusive with them and the boy.Following the shooting, the boy, then 15, fled from the condo on foot before police arrived, but was arrested about 1 a.m. the following day, roughly two miles from his home, after someone spotted him on Scripps Poway Parkway near Interstate 15. He had the handgun in his waistband and dozens of rounds of ammunition in his backpack when taken into custody, according to police.RELATED: Teen denies killing father in Scripps Ranch homeHanoian ruled that there were true findings -- the equivalent of guilty verdicts -- for murder and attempted murder, as he felt the evidence did not support claims that Pham was "a violent ogre" and "a sadistic abuser" as he felt Pham had been portrayed by the defense.During Friday's dispositional hearing -- the juvenile court equivalent of a sentencing hearing -- attorneys argued over what type of custody was more appropriate to provide the boy with proper treatment and rehabilitation.Loeb argued to have the boy placed in one of two state youth correctional facilities -- either in Stockton or Camarillo -- while Attridge sought to have the boy placed in a less-restrictive youth program in Otay Mesa, where his family could more easily visit him for the purposes of facilitating family therapy. Attridge also said she will file a notice of appeal on the boy's behalf.Hanoian ruled that the Department of Juvenile Justice's facilities provided a more thorough program to assist the boy in terms of his mental health, educational opportunities -- including college courses and career technical education -- , and rehabilitation."We need to get (the boy) up and running. We need to have him become a productive member of society and we need to give him the training, the education, and the skills and the therapy that's necessary," Hanoian said.The judge said that he did consider concerns over a lack of face-to- face family therapy with the boy housed outside of San Diego County, but said that technological means like video conferencing would allow him to undergo that therapy with family members.The boy did not make a statement during the hearing, but Attridge said he "is very remorseful about what happened here. It has changed his family's entire life and it has changed his life and he regrets having done anything to end his father's life."She also said that upon his release, she believed "he will be somebody who will never recidivate" and will leave custody "a better person, a more mature person and a nonviolent person."Pham's younger sister, Catherine Wright, said her brother was "confident, charming, funny, athletic and intelligent," a good brother to her, a good uncle to her daughter, and their parents' pride and joy.Wright said the depictions of her brother as an abuser pained her greatly and the fact that he'd been killed by his own son made it "easier to tell people that he died of a heart attack."Just as Pham had meant everything to their dad, Wright said the defendant meant everything to her brother."I cannot imagine a more horrible death for Sonny to suffer. I'm haunted by thoughts of Sonny laying on the floor in pain, gutted not just by his physical wounds, but in the realization that his firstborn son, his only son, turned on him and shot him," Wright said.She said she was not yet able to forgive the boy, but that her brother would have wanted to have his son "to have the opportunity to heal what is broken inside of him. He would want his family to be safe and loved." 5320

SAN DIEGO (CNS) - An ex-con pleaded not guilty to a murder charge today for allegedly stabbing another man in an apparently random attack in a public restroom along the Pacific Beach boardwalk, 16 days after being released from prison.Martin Alvarez, 33, is accused in the Aug. 16 slaying of 39-year-old Michael Wagley, who was found mortally wounded at about 7:30 p.m. on Aug. 16 in the lavatory at 700 Grand Avenue. The victim was taken to a hospital, where he was pronounced dead.Witnesses reported seeing a man fleeing on a bicycle following the stabbing, San Diego Police Department Lt. Andra Brown said.The lieutenant said Alvarez, who matched the suspect description, was detained in the area and later arrested on suspicion of murder.The alleged motive for the slaying was unclear, but a prosecutor said the victim had no connection to his attacker.Deputy District Attorney George Modlin called the stabbing a ``random act of murder'' in which Alvarez allegedly attacked the victim from behind, stabbing him in the neck. The prosecutor said Alvarez then threw Wagley to the ground and stabbed him several more times.Modlin said that following his release from prison, Alvarez failed to report to Post Release Community Supervision and committed the murder 16 days later.It was uncertain what crime Alvarez was serving time for, though the criminal complaint alleges he has prior San Diego County convictions for assault with a deadly weapon and robbery.In addition to murder, Alvarez faces allegations of using a knife in the slaying.He was being held without bail, but a bail review hearing was set for Friday. 1627

SAN DIEGO (CNS) - Gov. Jerry Brown today appointed a former Del Mar councilman to the 22nd District Agricultural Association Board of Directors and reappointed two other San Diego County residents to the panel.Brown named Del Mar resident Donald Mosier, 74, to a four-year term on the board that governs the Del Mar Fairgrounds on behalf of the state via a nine-member board of directors. The governor appoints each member of the board to serve a four-year term.The District Agricultural Association is a subdivision of the California Department of Food and Agriculture, charged with holding fairs and exhibitions that highlight "various industries, enterprises, resources, and products of the state," according to the CDFA.The governor reappointed attorney Frederick Schenk, 65, and Lisa Barkett, 59, who have served since 2011.Mosier is the Climate Action Plan facilitator for the city of Del Mar and is a member of multiple governing boards, including the Del Mar Community Connections Board, the American Association for the Advancement of Science and the Climate Action Campaign Board of Directors. He served on the Del Mar City Council from 2008 to 2016 and was a professor at the Scripps Research Institute from 1992 to 2016.Barkett, who was vice president of Merjan Financial Corp. from 1989 to 2013, is a member of the Board of Trustees for both the University of Southern California and Rady Children's Hospital.The appointments do not require confirmation by the state Senate. The board members are not paid for their service. 1545

SAN DIEGO (CNS) - According to a San Diego County prescription drug abuse report released Thursday, local opioid and prescription drug overdose deaths have increased significantly in recent years.The 2020 San Diego County Prescription Drug Abuse Task Force Report Card found that between 2018 and 2019, the number of unintentional fentanyl deaths increased by 64% and prescription drug deaths rose nearly 12%.The report card provides a variety of data to measure the prescription drug misuse problem in the region by looking at multiple factors and data points over the last five years in San Diego County.In 2019, 645 people died of an unintentional overdose caused by prescription and illicit drugs, as well as alcohol.Those include:151 fentanyl deaths compared to the 92 reported the previous year. The number continued to increase in 2020. Fentanyl is a synthetic opioid primarily coming from Mexico that is 50 to 100 times more potent than morphine and 25 to 50 times stronger than heroin;275 deaths due to prescription drugs -- opioids and non-opioids -- up from 245 in 2018; and124 heroin deaths, up from the 105 reported the year before.In addition to deaths, the report card tracks additional key indicators of opioid misuse in the region.The report also found 6,162 visits to local emergency rooms in 2018, compared to 6,607 in 2017. Data for last year won't be available until 2021.Additionally, nearly half of adults arrested reported misusing prescription drugs in 2019. One silver lining is that fewer 11th graders reported prescription drug use in 2019 than in 2015.San Diego County funds prevention and treatment services throughout the region. Preventing drug misuse and getting people into treatment is one of the goals of the county's Live Well San Diego vision, which aims to improve the health and safety of residents in the region.Treatment is available by calling the county's Access and Crisis Line at 888-724-7240.In 2008, the County Board of Supervisors established the Prescription Drug Abuse Task Force, which includes the San Diego County Sheriff's Department, the District Attorney, the Health and Human Services Agency, the U.S. Drug Enforcement Administration and multiple other key partners, including local law enforcement, treatment and health and prevention organizations. 2316

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