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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 (AP) — A military judge on Monday took the rare step of removing a prosecutor accused of misconduct from the war crimes case of a decorated Navy SEAL.Capt. Aaron Rugh ordered Cmdr. Christopher Czaplak removed from the case of Operations Chief Edward Gallagher after defense lawyers accused the prosecution of spying on their emails, according to the ruling.The defense asked Rugh to dismiss the case or remove prosecutors because of a surreptitious effort to track defense emails without court approval in an effort to find the source of news leaks.Rugh said it was not in his power to determine prosecutorial misconduct, but there was the possibility of a conflict of interest that required Czaplak to be removed, the ruling said.Rugh has not yet ruled on whether to dismiss murder and attempted murder counts against Gallagher.Last week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors.The removal could delay the trial scheduled to start June 10.Republicans in Congress have rallied in support of Gallagher, saying he has been mistreated. President Donald Trump, who intervened to move Gallagher to better confinement, has considered dismissing the charges.Gallagher pleaded not guilty to murder in the death of an injured teenage militant in Iraq in 2017 and to attempted murder for picking off two civilians from a sniper's perch.It is extremely unusual for a military judge to remove the prosecution or dismiss a case only days before the start of a trial. The military justice system has gotten few war crime convictions and been criticized for being ineffective.Gallagher's lawyers condemned the prosecution for embedding tracking code in emails sent to them and a journalist to find the source of news leaks.At hearings last week, Rugh indicated he was misled about the effort. He said investigators told him privately they planned to embed code in what he believed to be a court document to help them find the source of leaks but the judge said he didn't have the power to authorize such a tactic and wasn't told they planned to target emails sent to the defense lawyers or a journalist. 2161

SAN BERNARDINO, Calif. (AP) — A jury on Monday recommended the death penalty for a Southern California man convicted of killing a family of four with a sledgehammer and burying their bodies in shallow desert graves.Jurors in San Bernardino made the recommendation for Charles "Chase" Merritt, 62, in a case that puzzled investigators for years after a couple and their two young sons vanished from their home in 2010. Their bodies were found three years later.Merritt supported his head on his fists and closed his eyes as the verdicts were read. He also spoke briefly to his attorney.He was convicted this month of the murders of his former business associate Joseph McStay, McStay's wife Summer, and their 4- and 3-year-old sons, Gianni and Joseph Jr.Merritt had pleaded not guilty and his lawyers didn't offer witnesses during the penalty phase of his trial, insisting he is innocent.San Bernardino County Superior Court Judge Michael A. Smith set a Sept. 27 hearing to formally sentence Merritt. He thanked the jurors after the verdicts were read, saying he knew the decision was "extremely difficult."Authorities said they believed Merritt killed the family as McStay was cutting him out of his business making and selling custom water fountains. When the family disappeared, there were no signs of forced entry at their San Diego County home and their car was found parked at a strip mall near the Mexico border.For years, no one could figure out what happened to them. In 2013, their bodies were found in shallow graves in the desert after an off-road motorcyclist discovered skeletal remains in the area. Authorities also unearthed a rusty sledgehammer that they said was used to kill the family.Merritt was arrested the following year. Authorities said they traced his cellphone to the area of the desert graves in the days after the family disappeared and to a call seeking to close McStay's online bookkeeping account. Merritt also had referred to McStay in the past tense during an interview with investigators.Authorities concede the case against Merritt largely focused on circumstantial evidence and that questions remain about what happened at the McStay home.During the trial's penalty phase, prosecutor Britt Imes asked jurors to consider any possible motive for the killing of two young boys, whether they could have been witnesses to the murder of their parents or simply victims of callous killings."There is no motive that can be ascribed to the killer of a 4-year-old and a 3-year-old that passes muster," he said.Merritt's attorneys didn't call any witnesses during the penalty phase, instead appealing to any lingering doubts jurors may have had about killings they say their client didn't commit."From the very beginning, this case screamed doubt," defense attorney Raj Maline told jurors. "This case is filled with unanswered questions."California has not executed anyone since 2006. Voters approved a ballot measure to speed up executions in 2016, but Gov. Gavin Newsom this year placed a moratorium on executions while he's in office. 3072

SAN DIEGO (CNS) - A 22-year-old man was stabbed through his car's open window Sunday in City Heights, and the suspect was still at large, police said.The victim was sitting in his car on Menlo Avenue north of El Cajon Boulevard around 12:20 p.m. when another man approached the car and stabbed him through the window, San Diego police Officer Sarah Foster said.The suspect, described as an Asian man in his 40s, ran away. The victim was taken to a local hospital for injuries that were not believed to be life-threatening, Foster said.Police are investigating. 573

SAN DIEGO (CNS) - A 33-year-old man was shot three times Sunday while driving with a companion, police said.The shooting happened at 1:22 a.m. at the intersection of Mary Lou Street and A Street when a man standing on the corner opened fire at the victim's vehicle multiple times, said Officer S. Foster of the San Diego Police Department.The victim was taken to a hospital by his companion, Foster said, where he was treated and was expected to survive.The suspect fled the scene and police detectives are investigating the incident, the officer said. 560