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SAN DIEGO (AP) — A Navy SEAL committed murder during a deployment to Iraq and the proof is in his own words, his own photos and the testimony of his fellow troops, a military prosecutor told a jury Monday.Cmdr. Jeff Pietrzyk said in closing arguments of a court-martial that text messages by Special Operations Chief Edward Gallagher show he is guilty of fatally stabbing a wounded Islamic State prisoner on May 3, 2017.One message said: "I've got a cool story for you when I get back. I've got my knife skills on." Another text stated: "Good story behind this. Got him with my hunting knife."As he showed a photo of the dead prisoner with Gallagher holding up his head by the hair, the prosecutor said, "Those are his words."The prosecutor said one SEAL who changed his story and claimed to have killed the prisoner himself was lying to protect Gallagher."The government's evidence in this case is Chief Gallagher's words, Chief Gallagher's pictures, Chief Gallagher's SEALs," Pietrzyk said.The prosecutor said he wouldn't try to argue sympathy for the teenage prisoner, who had been wounded in an air strike."Before the air strike, he would have done anything in his power to kill an American," Pietrzyk said.But he said the prisoner was not a lawful target."We're not ISIS. When we capture someone and they're out of the fight, that's it. That's where the line is drawn," Pietrzyk said.Gallagher, 40, has pleaded not guilty to murder and allegations that he shot civilians and a violation involving posing with the corpse for photographs.Defense lawyer Tim Parlatore began his closing argument the same way he started the trial. "This is case is not about murder, it's about mutiny." Parlatore said.The attorney said there's no body, no forensics, and the SEALs who testified against Gallagher lied because they didn't like his demanding leadership.Parlatore also addressed the testimony of Special Operator Corey Scott, who said he saw Gallagher stab the prisoner in the neck but stunned the court when he said he was the one who ultimately killed the prisoner by plugging his breathing tube with his thumb as an act of mercy.The defense attorney contended that investigators never asked Scott about the cause of the death, which is why they were surprised by his testimony."They didn't even listen to their own witness," Parlatore said.A jury of five Marines and two sailors, one a SEAL, will weigh whether Gallagher, a 19-year veteran on his eighth deployment, went off the rails and fatally stabbed the war prisoner as a kind of trophy kill.During the trial, it was revealed that nearly all the platoon members readily posed for photos with the dead prisoner and watched as Gallagher read his reenlistment oath near the body in an impromptu ceremony.Nearly a dozen SEALs testified over two weeks. Most were granted immunity to protect them from being prosecuted for acts they described on the stand.Seven SEALs said Gallagher unexpectedly stabbed the prisoner, moments after he and the other medics treated the 17-year-old boy. Two, including Scott, testified they saw Gallagher plunge his knife into the prisoner's neck.An Iraqi general who handed the wounded prisoner to the SEALs testified that Gallagher did not stab the boy. And Marine Staff Sgt. Giorgio Kirylo said after the militant died that he moved the body to take a "cool guy trophy" photo with it and saw no stab wounds on his neck.Lt. Jacob Portier, the officer in charge, has been charged separately for overseeing the reenlistment ceremony and not reporting the alleged stabbing. 3561

SAN DIEGO (KGTV)- A spokesperson for the County of San Diego said over two days, they have received approximately 580 complaints of businesses and entities not following the proper restrictions under the purple tier.The county has already sent out dozens of cease and desists orders since Monday. That includes at least two churches, Foothills Christian Church and Awaken Church, but the warnings are not stopping some churches from shutting down indoor operations.Since the pandemic began, Awaken Church has received two cease and desist letters. Once in July for its Balboa Campus, and the latest on Monday for the Carlsbad location, but it appears the church has no intentions of shutting down indoor services.A statement posted on the church’s website said in part, “In keeping our First Amendment right, we will continue to minister to those who are the most affected by all the COVID-19 lockdowns. Specifically tending to those who are struggling with depression, anxiety, hopelessness, suicidal thoughts, and addiction.”Bishop Arthur Hodges is a Senior Pastor at South Bay Pentecostal Church. As bishop, he oversees more than 100 churches in Southern California, including 25 in San Diego County.“About 50 percent are electing to remain indoors for worship,” he said. “About 30 percent are outdoors, and 20 percent are online only.”Hodges has taken the fight to stay open to the U.S. Supreme Court once, and it about to again, hoping a ruling could benefit all houses of worship nationwide.“We are filing either today or tomorrow back in the Supreme Court to reopen churches and for our constitutional guarantees to be recognized,” he said. “We are hopeful for an expeditious ruling, and we think it’ll be favorable to churches, and that’ll affect churches not only in California but across the nation.”A county spokesperson said if a cease and desist order is ignored, the next step would be a closure order. After that, law enforcement is asked to get involved by giving citations with a thousand dollar fine for each violation; then the case goes to either the San Diego District Attorney or City Attorney.In a video posted to the Awaken Church website in August, two church pastors explained why they believe religious services are essential, explaining the risks to their congregants’ mental health.It’s something we’ve heard from other religious leaders, like the lead pastor of Skyline Church, Dr. Jeremy McGarity.“We can’t stand by and not help people,” said McGarity. “We realized we can protect the most vulnerable and have services at the same time. We saw the huge rate of suicide ideation that went through the roof.”Hodges said he understands the pandemic is serious and can be deadly.“One of my daughters is a nurse at a local San Diego hospital and works with COVID patients, and I have two very near and dear personal friends who have died of COVID, so we know this is real, but we need to keep things in balance and perspective,” said Hodges.He urges every house of worship to take the necessary precautions but believes churches can stay open and stay safe at the same time.“We have zero cases, zero cases in our local church as a result of being on the church campus,” he said. “Churches are absolutely essential.”ABC 10News reached out to both Awaken Church and Foothills Christian Church for comment but have not yet heard back. 3366

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SAN DIEGO — The Saturday after Thanksgiving is normally one when small businesses take center stage, but the Coronavirus has changed everything."We've been in North Park for eight and a half years, and we'd like to try to make it to nine," said Gail Higgins, who owns The Girl Can't Help It vintage shop on Grim Avenue. Higgins says in-store sales are now at about 30 percent, as foot traffic declined amid the pandemic."We give out gloves, if people want to try things on, we make sure everyone has a mask on, we keep the door locked so we can let in a certain amount of people at a time," she said. Normally the Saturday after Thanksgiving - called Small Business Saturday - is one that helps boost sales for mom and pops, with all sorts of pomp and circumstance to welcome the public. This year, the live music, and refreshments that typically line main streets aren't happening."If we want North Park and communities like North Park to be around next year, we have to pull it out this year," said Angela Landsberg, who heads the North Park MaiN Street Association. "We have to come on out to our local shops, shop online and support these small businesses. Keep it local."The association is now helping local retailers beef up their online presence, launching a shop local campaign with an online directory on its webpage, Explore North Park.At North Park's ArtElexia, which specializes in Mexican gifts, art, home decor and gourmet foods, owner Elexia de la Parra says her increased online presence could help for the future."Now when all this comes back to normal, I'll have a really get website," she said. "You just got to keep positive."In that light, Higgins says she has something for any occasion."Come on everybody, get dressed up at home, get dressed up for your next Zoom meeting," she said. "We can find you something for the top half."Something maybe to be found this Small Business Saturday. 1917

SAN DIEGO (CNS and KGTV) - The San Diego Humane Society announced Thursday that its Humane Law Enforcement division conducted a one-day sweep of pet stores and issued more than 100 citations for violations of a partial state ban on the sale of dogs, cats and rabbits.Assembly Bill 485, which went into effect at the beginning of this year, requires pet stores to get their animals from a partnered shelter or rescue center in an effort to curb the sale of pets from so-called puppy mills and kitten factories that breed animals for sale en masse, often in inhumane conditions.Humane Law Enforcement officers issued 39 citations to Broadway Puppies and 38 to Bark Avenue, both located in Escondido, for failing to provide a documented agreement with a public or private animal shelter or rescue organization, according to Humane Society spokeswoman Dariel Walker. Officers also issued 25 citations to Pups & Pets in Santee for improper signage on the cages holding its available animals, she said.RELATED: 26-pound cat helping raise awareness on pet obesity10News spoke to Mindy Patterson, Co-President of "The Cavalry Group," an organization that represents animal businesses. One of their members is Broadway Puppies in Escondido. Patterson said AB485 treats legitimate pet stores unfairly."To mandate that a store is required to obtain and source their animals for sale, from a specific source is unconstitutional," Patterson said. "All I know is that our members are in accordance with the law."Patterson said she wants the public to recognize the difference between illegitimate backyard breeders and USDA-certified breeders. She said both of them are often lumped into the same negative category of "puppy mills.""They are licensed, regulated and regularly inspected facilities that meet very stringent standards," Patterson said. Cavalry Group co-founder Mark Patterson said the store "and its parent organization are faithfully following the letter of the law in this case and will be exonerated of these citations. Other pet stores in San Diego County have been subject to similar harassment by SDHS only to have the citations dismissed in court."Representatives of the other two pet stores could not immediately be reached for comment on the citations, which were issued during a countywide sweep Wednesday of pet stores under the Humane Society's purview.Last July, the county's Department of Animal Services ceded nearly all countywide animal control duties to the Humane Society, except unincorporated areas of the county that are served by the department's shelters in Carlsbad and Bonita.RELATED: San Diego Humane Society sees surge in young wildlife in need of care"My advice is beware," said Humane Law Enforcement Officer Allen Villasenor. "As a brand-new law takes effect, people will use different methods to try to circumvent the law and at this point it's our job to make sure everything is in compliance. I always suggest looking into shelters first, go to the adoption agencies first and see if you can find the right fit for your family there."Residents can report possible violations of the state pet sale laws by calling the Humane Society's Law Enforcement division at 619-299-7012. 3221

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