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SAN DIEGO (CNS) - A 19-year-old accused in the fatal beating of a 56- year-old man near a pedestrian bridge behind Petco Park was ordered Friday to stand trial on a murder charge, though a torture count was dismissed by a judge.Dominick Wells is accused in the Nov. 18, 2018, beating of Edward Starland, who was left comatose following the attack allegedly perpetrated by Wells and four juveniles. The juveniles -- two girls and two boys -- face unspecified charges in an ongoing juvenile court case.Witnesses said Starland had been fighting with a group of young people the afternoon of Nov. 18 before he was thrown down and beaten. When witnesses started yelling at the attackers to stop, they fled east on Imperial Avenue, police said.RELATED: Man dies after attack near Petco Park; four teens arrestedStarland never regained consciousness and was placed on life support. He died Dec. 3 at Scripps Mercy hospital.A cell phone video recorded by a bystander was shown during Wells' preliminary hearing and captures Starland, 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 Starland lifts a bicycle over his head.Starland later tosses the bike to the ground, and is then knocked down by Wells and the juveniles, who begin punching and kicking him as he's on the sidewalk.RELATED: No charges filed against teen charged in Petco Park beatingWells' attorney, Stewart Dadmun, argued that Starland was the aggressor. The attorney said Starland made lewd comments to a 14-year-old girl in Wells' group, then threatened Wells and the others with violence, including lifting the bicycle into the air with the intention of dropping it onto Wells' head.Dadmun argued that Wells only wanted Starland to leave them alone and that the victim had been harassing them for some time prior to the events shown in the video.Deputy District Attorney Mary Loeb argued that self-defense did not apply because Wells advanced upon Starland to knock him to the ground. She noted that after Starland tosses the bike to the ground, he appears to back up a few steps before being attacked.RELATED: Arrests made in attack near Petco Park that left man with serious injuriesA medical examiner testified that Starland's death was the result of a heart attack, which could have been caused by stress or trauma from the fight. He also suffered from cardiac disease, the examiner testified, which Dadmun argued made it unclear whether the heart attack could be definitely stated as a result of the altercation with Wells.Superior Court Judge Yvonne Campos said "both adults played a role in this."Though she found insufficient evidence to hold Wells on the torture count, Campos said she could not overlook the nature of what ensued after Starland was taken to the ground."Once the victim was down on the ground, the continuing rampage against him is not something I can set aside," the judge said.Wells remains held on million bail and is due to return to court May 23 for a Superior Court arraignment. 3120
SAN DIEGO (AP) — The Navy dismissed charges Thursday against an officer who had been accused of not reporting war crimes by a Navy SEAL later acquitted of murder in a high-profile case that got the president's attention.The action by the chief of naval operations in the case of Lt. Jacob Portier is the latest blow to military prosecutors and comes a month after a military jury cleared Special Operations Chief Edward Gallagher of murder and attempted murder charges.Adm. John Richardson also ordered an investigation into the performance of the Navy's justice system.Portier faced charges of dereliction of duty, destruction of evidence and holding Gallagher's re-enlistment ceremony next to the corpse of a teen Islamic State militant the decorated SEAL was accused of stabbing to death after treating the boy's wounds.Gallagher was convicted of a single charge of posing for photos with the 17-year-old militant's corpse. He was sentenced to the maximum penalty of four months but will serve no jail time because it is less than his pre-trial confinement.The move by the admiral comes a day after President Donald Trump ordered the secretary of the Navy on Wednesday to strip prosecutors of medals they were awarded for their handling of the case despite the fact Gallagher was acquitted on the most serious charges.A prosecutor who had been removed from the case before trial — and not given a medal — was admonished for taking part in an effort that used software to track emails sent to the defense team that a judge said violated Gallagher's constitutional rights.The email tracking was meant to ferret out the source of leaks to the news media that plagued the case but the Navy said it never found the leak. 1726
SAN DIEGO — (KGTV) -- Janessa Goldbeck's medals from her time serving in the Marines stand inside her campaign headquarters, which also doubles as the garage in her Talmadge-area home. "It really shaped how I look at what our government's role is in our society and who's looking out for people who don't have anyone else to look out for them," she said of her military service. Goldbeck, a Democrat, has been a relative unknown in the race to replace retiring Congresswoman Susan Davis in the 53rd Congressional District. In fact, she polled at just 2 percent in the 10News Union-Tribune scientific poll released Feb. 4. The district is heavily Democratic, with Democrats outnumbering Republicans nearly two-to-one in voter registration. That's why most headlines are going to Democrats with more backing and money - Sara Jacobs, who held posts in Obama's state department, and City Council President Georgette Gomez, who has the endorsement of the California Democratic Party. Jacobs lead the pack at 23 percent in the Feb. 4 poll, with Republican Chris Stoddard in second place at 10 percent. Gomez polled at 5 percent. The top two votegetters March 3, regardless of party, move on to the November general election. "We're just going nose to the grindstone, trying to get that message out to voters," Goldbeck said. Goldbeck's message got a big microphone over the weekend, when the Union-Tribune endorsed her over all others. The editorial board acknowledged her service and called her interview one of the most impressive this campaign season. "Goldbeck would be a refreshing, assured, morally corageous voice on Capitol Hill," the editorial said. Goldbeck, a San Diego native, said she screamed when she heard she got the endorsement. After all, the Union-Tribune editorial board said it almost didn't call for an interview, given her well-known opponents. "To be honest, we were stunned," she said of earning the endorsement. While newspaper circulation is down nationwide, the U-T gave Goldbeck an introduction to an audience she may not have been able to reach on her own. Bill Celis, an associate professor of journalism at USC Annenberg, said people still look to newspapers for reasoned guidance on important issues and candidates. "I think an endorsement from a highly read newspaper for a candidate that doesn't have a lot of campaign dollars is enormous," he said. As of Dec. 31, Goldbeck had raised a little more than 0,000. Jacobs had nearly million, while Gomez had more than 0,000. 2518
SAN DIEGO (AP) — A California tribe whose ancestral lands span across the U.S.-Mexico border is suing the Trump administration to block construction of a section of border wall that the Kumeyaay people say is desecrating sacred burial sites. The La Posta Band of Diegueno Mission Indians filed the lawsuit in federal court in San Diego on Tuesday seeking to temporarily halt construction of the wall until the tribe can protect its religious and cultural heritage. La Posta is one of 12 bands of the Kumeyaay people. The tribe wants its members to be able to monitor work and interrupt it to recover human remains and cultural items uncovered during construction. Federal officials did not immediately respond to a request for comment. 743
SAN DIEGO (AP) — Two senior leaders of a Navy SEAL team who were fired in a highly unusual move say they are being made scapegoats amid a series of allegations that have put pressure on the maritime branch to bring the elite commandos in line.SEAL Team Seven's commanding officer, Cmdr. Edward Mason, and the top enlisted leader, Command Master Chief Hugh Spangler, filed a complaint Tuesday with the Department of Defense inspector general to demand the independent agency conduct an investigation into the firings.The Navy says their leadership failures led to a breakdown of order and discipline within two units, including one in Iraq that was sent home early after a member was accused of sexual assault.RELATED: Navy SEAL leaders fired after allegations of sexual assault and drinking among team 809