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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 (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

SAN DIEGO (AP) — The U.S. Marine Corps says two Marines were shot during a live-fire training exercise at a Southern California base involving hundreds of troops.The military says both were airlifted Sunday from the Marine Corps Air Ground Combat Center at the Twentynine Palms base east of San Diego to an unnamed California hospital.2nd Lt. Samuel Banks says one Marine was later released and the other remains hospitalized in serious condition.He says the Marines are stationed at Twentynine Palms. The Marine Corps says in a press release that officials are investigating the circumstances of the accident.Banks says the military is not releasing any details at this time. 684

SAN DIEGO (AP) - A military judge has released a Navy SEAL from custody in advance of his murder trial in the death of an Islamic State prisoner. Capt. Aaron Rugh said Thursday that he was freeing Special Operations Chief Edward Gallagher as a remedy for interference by prosecutors. Defense lawyers accuse the prosecutors of misconduct for an effort to track defense lawyers' emails that they say violated attorney-client privilege. RELATED: Attorneys fight to free Navy SEAL in MCAS Miramar brig before trialRugh said Thursday he knew Navy investigators were trying to find the source of leaked court documents, but did not know of or approve any email tracking. Defense lawyers say the move amounted to prosecutorial misconduct and they want charges against Gallagher dismissed or prosecutors removed from the case. A military prosecutor downplayed the tracking effort, saying it did nothing more than record information on where and when emails were opened by recipients. RELATED: Rep. Duncan Hunter rallies support for accused Navy SEAL on Capitol HillDefense lawyer Tim Parlatore withdrew his motion to have the judge removed from the case after learning Rugh was kept in the dark about what prosecutors did. Gallagher will be freed as his lawyers continue to argue that the case be dismissed. He is scheduled to face trial June 10. There were gasps in the courtroom as Rugh made the announcement. Gallagher's wife put her head in her hands and burst into tears. 1476

SAN DIEGO (CNS) - A coalition of activists led by MoveOn.org held a "day of action" Saturday aimed at saving the U.S. Postal system, with nearly 700 nationwide rallies -- including many in the San Diego area.The rallies were held outside various postal facilities."... we will show up at local post offices across the country for "Save the Post Office Saturday" to save the post office from (President Donald) Trump and declare that Postmaster General Louis DeJoy must resign," said a statement on the MoveOn.org website.San Diego County rallies included Oceanside, Carlsbad, Vista, Encinitas, Pacific Beach, Ocean Beach, Hillcrest, Normal Heights, Carmel Mountain, Lakeside, University City, College Grove, Otay Mesa, San Ysidro, El Cajon and Escondido.DeJoy, who became postmaster general June 16, has been accused of tampering with the nation's postal service by banning overtime, removing mail sorting equipment and prohibiting extra trips by postal workers to collect mail and parcels that arrive later in the day under the auspices of cutting costs.The U.S. Postal Service lost .8 billion in the 2019 fiscal year, more than twice the amount of the previous year, and DeJoy has said the changes are necessary to save money.Critics have said the changes have slowed mail delivery at a time when more people are relying on the service amid the ongoing coronavirus pandemic, and to vote by mail ahead of the Nov. 3 election.DeJoy attempted to defend his leadership during a hearing Friday before the Senate Homeland Security and Governmental Affairs Committee and said operational changes would be put on hold until after the election. He also vowed post offices will be able to handle mail-in ballots.He is expected to testify Monday before the Democrat-led House Oversight Committee.Trump described DeJoy last Saturday as "a very talented man" and "a brilliant business person." He was chairman and CEO of the North Carolina- based contract logistics firm New Breed Logistics from 1983 until 2014.White House press secretary Kayleigh McEnany said at a briefing Wednesday that the Postal Service "does have sufficient funding through 2021, and they do currently have cash on hand. They've been given that billion line of credit through the CARES Act," referring to the federal coronavirus relief bill.McEnany said the Trump administration is "certainly open to" increased Postal Service funding.On Tuesday, Trump called for Amazon to pay more for shipping packages through the Postal Service."Amazon is paying an ancient price, and they shouldn't be," Trump said. "And they shouldn't be allowed to pass it on to their customer."Trump also said "we shouldn't get rid of any of our postal workers."Ruth Y. Goldway, a commissioner of the U.S. Postal Regulatory Commission from 1998-2015 and its chair from 2009-14, urged "everyone to be calm," in an op-ed published Tuesday by The New York Times."Don't fall prey to the alarmists on both sides of this debate," wrote Goldway, a Democrat appointed to the commission by then-President Bill Clinton and reappointed in 2002 and 2008 by then-President George W. Bush. "The Postal Service is not incapacitated. It is still fully capable of delivering the mail."Goldway wrote that "while the agency indeed has financial problems, as a result of a huge increase in packages being sent through the system and a credit line through the CARES Act, it has access to about billion in cash. Its own forecasts predict that it will have enough money to operate into 2021."Goldway attributed the Postal Service's "shaky financial situation" largely to the approximately 30% drop in first-class mail, typically used for letters, from 10 years ago."The service's expensive, overbuilt infrastructure can absorb the addition of more mail in 2020, including election mail that is mailed to and sent back by every voter in every state," Goldway wrote.The U.S. House of Representatives, in a rare Saturday evening vote, passed a bill that would provide billion in funding for the Postal Service and requires the agency to return to prior operations levels.The vote was 257-150, with 26 Republicans joining all House Democrats voting in favor.Senate Republicans have said that they would not pass the bill, and President Trump has said he would veto it anyway. 4307

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