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SAN DIEGO (CNS) - A former San Diego County sheriff's deputy who fatally shot a fleeing detainee outside the downtown San Diego jail pleaded not guilty Tuesday to a second-degree murder charge.Aaron Russell, 23, is charged in the May 1 death of 36-year-old Nicholas Bils, who was unarmed and running away from officers when he was shot just outside the San Diego Central Jail, according to the San Diego County District Attorney's Office.The former deputy, who had been with the department for 18 months at the time of the shooting, surrendered to authorities on Monday, according to his attorney, Richard Pinckard.Russell, who resigned from the sheriff's department shortly after the shooting, faces 15 years to life in state prison if convicted of second-degree murder, and up to an additional 10 years if convicted of a firearm allegation.RELATED: Suspect who escaped park rangers' vehicle shot, killed by deputyBils had been arrested by rangers with the California Department of Parks and Recreation for allegedly threatening a ranger with a golf club at Old Town San Diego State Park. He was being transported to the downtown detention facility when he managed to escape from a California State Park Officer's car, according to San Diego police.Deputy District Attorney Stephen Marquardt said Russell fired five times as Bils was running away, striking him in the back, arm and thigh. Iredale said the fatal shot went through Bils' back, lung and heart.Among the officers present during the shooting, Russell was the only one who discharged his weapon, the prosecutor said. In fact, Marquardt said, "No other officer on scene so much as unholstered a firearm to stop Bils from running."The Bils family's attorney, Eugene Iredale, said Bils was at the park that day hitting golf balls for his dog to chase. He said "it appears that when the park rangers approached him," Bills "brandished his golf club and ran away."Iredale alleged that Russell opened fire "with what appears to be calmness and relaxation" as he "began to take target practice on a man who was fleeing."Exactly what prompted the deputy to open fire remains unclear. The DA's Office said there is surveillance footage of the shooting, but it will not be released to the public at this time as it is now evidence in a pending criminal case.RELATED: Deputy who fatally shot escaped detainee resigns from departmentMarquardt said Russell was unjustified in shooting Bils under a recently enacted state law that changed the standard governing when law enforcement officers are justified in using deadly force. Since the beginning of this year, peace officers may only use deadly force "when necessary in defense of human life."Iredale said: "Five years ago or 10 years ago, such a prosecution, no matter how clear the facts were, and no matter how appropriate the prosecution, would have been hard to conceive."District Attorney Summer Stephan, in statement Monday, said her office "reached the decision to file criminal charges following a thorough review of all the objective facts and evidence in this case by specialized prosecutors and investigators in our Special Operations Division.""When a life is taken, we must make decisions based in facts and law, and not ones that are influenced by the status of the accused as a peace officer nor the status of the victim," Stephan said. "These decisions must be made solely in the interest of justice and not based on favoritism nor public opinion. Every person must be accountable under the law."The victim's mother, Kathleen Bils made a statement following Russell's arraignment, in which she said her son "should be alive and be here with us. But he's dead, and my heart cries out that this is not right."She said the months since his death "have been agonizing for my sons, their families, and for me."Bils' older brother, Benjamin Bils, said his sibling "was not a saint, (but) he was not a bad person."He said his brother had run-ins with the police in the past, but "it did not mean he deserved to be shot in the back."Russell was initially held on million bail, but a judge cut the amount in half, agreeing with Russell's attorney that his client was not a flight risk or a danger to the community. Russell was released on bail Tuesday night. "He has based his entire life on the principles of honor and integrity," said Pinckard, who said law enforcement shootings "occur in tense, uncertain, rapidly evolving incidents, where decisions are literally being made in fractions of seconds."Russell is due back in court July 24 for a status conference.An attorney for the family issued the below statement: 4640

SAN DIEGO — The twists and turns of the coronavirus related restrictions took a toll on Cycle OM in Little Italy.“You're open, you’re shut, you’re open, you’re shut,” founder Dana Pare says.This time, Pare decided to forego the opportunity to expand onto the sidewalk, unlike other gyms in San Diego. Instead, she permanently moved all of her classes onlineShe and her teachers deliver them live and on-demand via zoom."We want to adapt, move forward, stay healthy, get stronger, and this to me is the new way," Pare said.The move comes with costs and benefits.Pare reduced her space in Little Ital by half - keeping just enough to maintain a professional setting for her live workouts.She also reduced her staff from 15 to about five."That was a very, very difficult decision," Pare says.But Pare also cut her prices in half - money she'll need to market aggressively online.David Marino, co-founder of commercial real-estate firm Hughes Marino, says he's seeing an increase in companies trying to sublease out their office space - amid an overall drop in demand."Your competitive advantage was location, was that you had a physical space people could walk into and have a relationship with you and I think that's really what's under seige right now.Pare says she's now seeing participants from outside San Diego."We're flexible," she says, "we're yogis." 1364

SAN DIEGO (CNS) - A former La Jolla Country Day School teacher who had a sexual relationship with a 17-year-old female student over the course of several months was sentenced Wednesday to probation and community service and was prohibited from teaching again in any capacity.Jonathan Sammartino, the 37-year-old son of U.S. District Judge Janis Sammartino, could have faced up to one year in local custody and sex offender registration following his guilty plea to a felony count of unlawful sexual intercourse with a minor. He previously faced two other felony sex counts that could have had him facing prison time, but those counts were dismissed after he pleaded guilty in August.Deputy District Attorney Martin Doyle said the plea agreement was reached in part because the victim, identified only as "Jane Doe" in court proceedings, did not want the case to go to trial. She also declined to virtually attend Wednesday morning's sentencing hearing.Doyle said the victim was content that the case is resolved and has "changed and healed" since her interactions with Sammartino, which occurred in 2016."It's her wish to move on with her life," the prosecutor said.San Diego County Superior Court Judge Charles G. Rogers ordered the defendant to complete his 400 hours of community service at any nonprofit organization by next August.In declining to impose sex offender registration, Rogers cited a U.S. Supreme Court case that found registration was most suited for those considered dangerous and likely to re-offend.The judge said though Sammartino's conduct toward the victim could be considered predatory, due to their age difference and his abuse of a position of trust, "there is not an iota of evidence that this conduct was an expression of an underlying character trait on his part. I see no indication that this man is predatory or is likely to repeat this conduct with another person or is a danger to others."Rogers also cited a bicycling accident Sammartino suffered about a year prior to the offenses, which the defendant and his attorney say caused a brain injury that inhibited his impulse control and ability to make reasonable judgments. The judge said he didn't think the injury excused Sammartino, but said he believed it was a contributing factor to the offenses.Sammartino made a statement to the court, in which he said, "I am very sorry for everything that has happened and for the misery caused by my unfortunate involvement with Ms. Doe. I know that my behavior's disrupted her life, my own life, and the community."He said he was "not the same person" he was before the bicycling accident and was continuing to seek treatment for "my mental impairments that led to those behaviors."Sammartino said he would find another line of work in order to serve the community.Though his probation terms prohibit him from teaching, his attorney, Eugene Iredale, said Sammartino's doctoral degree precluded him from needing a teaching credential, which he would otherwise be required to surrender.Instead, Iredale said his client has pledged not to teach again, and cannot do so in any practical way, "because in the age of the internet, there is truly no ancient history.""As, of course, a condition of this plea agreement, and without hesitation, he has pledged that he will not seek to teach anywhere ... and that means anywhere at any level in any way, including private tutoring, including college instruction or community college," the defense attorney said.In testimony earlier this year at Sammartino's preliminary hearing, the victim said the first sexual encounter happened in early 2016, when he arrived at her home unannounced around midnight. She said she went outside to meet with him in his car, at which point he told her he didn't trust himself around her.Sexual encounters occurred that night in his car and on several other occasions in his vehicle and his house over the next few months, she testified.The victim, who went on to attend UC Berkeley, filed a report with campus police in the summer of 2018. Charges were filed later that year.In a recorded phone call played during the preliminary hearing, Sammartino admitted to the past encounters with the victim."Why did you do it? You knew I was 17," Doe says on the recording. "You knew I was your student. You knew it was my first time and I lost my virginity to you.""I don't have a good answer, because I wasn't thinking through what I was doing," he replied, apologizing to her several times throughout the call. "I can't believe that I did that." 4549

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SAN DIEGO (CNS) - A federal judge Tuesday ordered correctional officers at the Richard J. Donovan Correctional Facility in Otay Mesa to wear body cameras while interacting with inmates, a first for California.The ruling comes in a civil rights lawsuit over disabled inmates' rights, in which a federal judge found evidence to support allegations of physical abuse of prisoners at the prison, the Los Angeles Times reported.The order applies to interactions with all inmates with disabilities inside the Otay Mesa facility, according to The Times.Attorneys for the inmates with disabilities had asked the judge to issue an order mandating body cameras for correctional officers after documenting widespread physical abuse of the inmates, the Los Angeles Times reported."Body cameras have never been used in California prisons. This is a very important order to help put an end to physical abuse and broken bones of those with physical disabilities at this most dangerous of prisons," attorney Gay Grunfeld told The Times. Her law firm, along with the Prison Law Office, represents the plaintiffs."Body cameras can bring sound and context to situations that involve the use of force which surveillance cameras cannot."U.S. District Judge Claudia Wilken gave the California Department of Corrections and Rehabilitation a timetable that effectively gives it five months to get the body-worn devices into use. She also ordered that records from body cameras be preserved from use-of-force incidents and that policies be created, The Times reported.Dana Simas, the press secretary for the Department of Corrections and Rehabilitation said in a statement to The Times the department takes "the safety and security of the incarcerated population very seriously, and vigorously work to protect those with disabilities. We will be carefully evaluating the order."Wilken also ordered the installation, within four or five months, of widespread surveillance camera systems at critical areas of the prison and the establishment of third-party expert monitor oversight of evidence gathered at the prison, according to The Times.Wilken ordered those actions as part of an injunction she granted as part of a bigger plan to address allegations of repeated physical abuse and retaliation against disabled inmates who complain about the prison facility, The Times reported.Wilken, an Oakland-based judge, is handling a class-action lawsuit that seeks to guarantee the rights of state prisoners under the Americans with Disabilities Act, according to The Times.The ruling Tuesday applies to the single prison, but Wilken is expected to hear another motion next month that examines evidence of abuses across the state prison system and seeks to implement the use of body cameras across 35 prisons, The Times reported.The injunction Tuesday was granted based on 112 sworn declarations from inmates that lawyers said showed staff "routinely use unnecessary and excessive force against people with disabilities, often resulting in broken bones, loss of consciousness, stitches or injuries that require medical attention at outside hospitals," according to The Times. 3151

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