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SAN DIEGO (CNS) - A 24-year-old La Jolla man who was wearing a Jesus costume when he sucker-punched a San Diego police officer at a Gaslamp District Halloween street festival was sentenced Thursday to 270 days in jail, which will be served on weekends.Eric Van Vleet, who was arrested in Idaho's Cassia County four days after the Nov. 1, 2019, attack, pleaded guilty last year to a felony count of battery on a peace officer resulting in injury.San Diego County Superior Court Judge Melinda J. Lasater ordered that Van Vleet serve his time in county jail on 35 consecutive three-day weekends, totaling 105 days, with the rest of the time earned through custody credits. Lasater, who also imposed five years of probation, ordered that the jail term be re-evaluated and potentially modified after 15 weekends.RELATED: Man in Jesus Halloween costume accused of punching San Diego police officerDeputy District Attorney Will Hopkins said San Diego Police Officer Ben Hall and his partner, Kristen Robinson, witnessed a fight break out among several people outside the Atomic bar about 1 a.m.Hall pepper-sprayed the combatants, including one man, who punched his girlfriend after being blinded by the mace.When Robinson went to detain the man, with Hall assisting, Hopkins said Van Vleet -- who was dressed as Jesus Christ with devil horns -- yelled, "(Expletive) the police" and punched the lawman in the side of the head.He then walked away from the ruckus, disappearing into a crowd and getting into a ridesharing vehicle, and eventually left the state. According to the prosecution, surveillance footage and bar tabs helped investigators identify Van Vleet as the suspect.Hall was taken to a hospital for treatment of a roughly inch-long laceration and other trauma. The officer missed a week of work with post- concussion symptoms, according to Hopkins.Hall and Robinson called the incident "an ambush" at Van Vleet's sentencing hearing, and said it left them with doubts regarding what they could or should have done differently to safeguard themselves that night."I don't hold any grudges against you, but I believe in accountability," Hall told Van Vleet at the hearing. The officer said he hoped Van Vleet's sentence "shows that we're protected by the same laws we enforce."Van Vleet tearfully apologized to Hall, Robinson and a handful of other San Diego police officers in attendance."I don't want you guys to feel fear for doing what is your chosen calling, to protect the people," he said. "I'm more than willing to be accountable for my actions." 2563
SAN DIEGO (AP) — A military judge refused to dismiss the case against a decorated Navy SEAL charged with killing a wounded Islamic State prisoner in Iraq in 2017.Capt. Aaron Rugh (ROO) made the ruling Friday after previously removing the lead prosecutor who has been accused of misconduct.Defense lawyers argued for the case to be dismissed after discovering prosecutors secretly tracked their emails without court approval.RELATED:New date set for Navy SEAL murder trialMilitary judge releases Navy SEAL accused of murder before his trialRugh unexpectedly released Special Operations Chief Edward Gallagher from custody last week as a remedy for prosecutors interfering with his right to counsel.Gallagher is charged with premeditated murder in the stabbing of a teenage militant and with attempted murder in the shooting of two Iraqi civilians.He denies the charges and says disgruntled platoon members made the allegations because of his tough leadership. 966
SALT LAKE CITY (AP) — Voting will look a little different this November. States are turning to stadiums, drive-thrus and possibly even movie theaters as safe options for in-person polling places amid the coronavirus pandemic and fears about mail-in ballots failing to arrive in time to count. The primary season brought voters to an outdoor wedding-style tent in Vermont and the state fairgrounds in Kentucky. The general election is expected to include polling places at NBA arenas nationwide as part of an agreement owners made with players to combat racial injustice. While a surge in mail-in voting is expected, some voters may feel more comfortable casting ballots in person following recent mail delays. 717
SAN DIEGO (AP) — Combat veterans from the Navy and Marines were among possible jurors Monday in the trial of a decorated Navy SEAL charged with killing an Islamic State prisoner in his care in Iraq.All but one of the potential jurors in the court-martial of Special Operations Chief Edward Gallagher had served in a combat zone and all but two were veterans of conflicts in Afghanistan and Iraq.The trial of Gallagher follows months of turmoil in one of the Navy's most prominent war crimes cases.The lead prosecutor was removed from the case earlier this month for tracking the defense team's emails and President Donald Trump has suggested he may pardon Gallagher.Gallagher has pleaded not guilty to premeditated murder in the killing of the prisoner in his care and attempted murder in the shootings of two civilians in Iraq in 2017. Gallagher says disgruntled platoon mates fabricated the allegations because they didn't like his tough leadership.The seven Marines and five sailors were seated in the jury box, given copies of the charges and asked a series of questions about the case.Each said they thought it possible that Navy SEALs could lie and that they could turn in a comrade on false allegations.They also said they could convict someone in the killing of a member of the Islamic State and in the case where no body was recovered. The prisoner's corpse was never found.If Gallagher is convicted, the panelists said they would consider post-traumatic stress disorder and traumatic brain injury at sentencing, if relevant, along with his military record.Five said they had personally faced the enemy and five had experience with detainees. Eight had lost friends or shipmates in combat.Defense lawyers unsuccessfully sought to have a Navy judge dismiss the case because they say investigators and prosecutors withheld evidence that could help Gallagher and violated his rights to a fair trial by embedding tracking software in emails sent to them.The judge, Capt. Aaron Rugh, refused to dismiss the case, but took steps to make sure Gallagher gets a fair trial and remedy violations of his constitutional right against illegal searches and the right to counsel.Rugh released Gallagher from custody, removed the lead prosecutor and reduced the maximum penalty he faces if convicted to life imprisonment with parole — instead of no chance of parole.Evidence at hearings last month showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three of Gallagher's 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.Prosecutors downplayed the effort to find the source of news leaks, saying it only gathered data, such as internet protocol addresses, and did not snoop on the content of emails. The government said the investigation did not find who leaked the documents.Gallagher's family maintains he cannot get a fair trial."The court's ruling, recognizing a direct violation of Chief Gallagher's constitutional rights but not dismissing the case, sends a chilling message to every man and woman in uniform," his family said in a statement.The prosecution also tracked emails of the lawyers of Gallagher's commanding officer, Lt. Jacob Portier, who faces charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the Islamic State militant's corpse.The defense discovered the tracking code hidden in a suspicious logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Christopher Czaplak.Rugh removed Czaplak from the case because he said the potential for an investigation into his actions could present a conflict. He said it was not within his power to determine whether Czaplak engaged in misconduct.The judge said the effort also harmed the public's perception of the military justice system, which has been criticized for being ineffective and has gained few war crime convictions.Republicans in Congress have lobbied for Gallagher, claiming he's an innocent war hero being unfairly prosecuted. Trump, who intervened to move Gallagher to less restrictive confinement in March, said last month he is considering a pardon for several American military members accused of war crimes. 4385
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