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SAN DIEGO (CNS) - A 28-year-old man who appeared to suffer some type of medical emergency and passed out after fighting with deputies arresting him at a North County convenience store last week died at a hospital, authorities reported Wednesday.Marco Napoles Rosales of El Monte was pronounced brain-dead Tuesday, six days after his violent encounter with law enforcement personnel, according to sheriff's officials. A ruling on his cause of death remains on hold pending an autopsy.The events that led to Rosales' confrontation with law enforcement personnel began about 4:30 a.m. last Thursday, when a 911 caller reported that he had been acting strangely in a Circle K market on state Route 76 in Fallbrook, seemed to be "under the influence of drugs" and was refusing to leave the business, Lt. Rich Williams said.RELATED: San Diego deputy, suspect hospitalized after violent confrontationEight deputies arrived a short time later, contacted the Los Angeles-area resident and tried to evaluate him, at which point he allegedly became belligerent.During an ensuing struggle, the patrol personnel shocked Rosales with an electric stun gun, and he bit one of them on the hand, Williams said.The deputies were able to get Rosales into restraints after two men who saw what was happening while driving by hurried over and helped subdue him.A short time later, while being taken to a hospital for an examination, the suspect experienced apparent medical distress and lost consciousness.When informed that Rosales was beyond recovery, his family decided to keep him on life support for organ-donation purposes, the lieutenant said. 1636

SAN DIEGO — A growing number of restaurants in San Diego want to wall off the parking spots outside their front doors and replace them with tables.The concept is called a Parklet, and the city of San Diego appears to be ready to embrace it - at least until social distancing mandates lift. "It's San Diego. We're getting the most beautiful weather of the year. Let us have some seats out there. Let us have some tables," said Merritte Powell, who owns La Puerta restaurant on 4th Avenue. Powell is readying an application to the city that would allow him to build on a curbside section of the street in front of his restaurant and put more seating. He says it's key to survive amid social distancing restrictions, which have limited his capacity. In fact, La Puerta even with hourlong waits still only pulls in 50 percent of the revenue it would have made before the Coronavirus outbreak. On bad days, revenue drops by as much as 70 percent. "Because of the way the seating is, because of the social distancing, stuff like that, I'm nowhere near where I need to be," Powell said. On July 7, the City Council will consider an urgency ordinance that would waive some fees for Parklets and help streamline their construction. Restaurants from downtown, Little Italy and North Park are all readying applications. The opportunity could help level the playing field for restaurants on streets that cannot be closed to vehicle traffic for on-street dining. The city has already permitted road closures on 5th Avenue and India Street for restaurants to expand. A stretch of North Park could be next. The urgency ordinance would last until social distancing restrictions expire or are lifted. 1693

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 (CNS) - A 24-year-old La Jolla man who was wearing a Jesus costume when he allegedly sucker-punched a San Diego police officer at a Gaslamp District Halloween street festival was charged Thursday with battery of a peace officer and resisting arrest. Eric Van Vleet, who was arrested in Idaho's Cassia County less than a week after the alleged Nov. 1 attack and extradited to San Diego, faces up to three years in prison if convicted. Deputy District Attorney Will Hopkins said the unnamed officer was breaking up a fight amid a crowd of people outside the Atomic bar about 1 a.m. when Van Vleet allegedly yelled, ``(Expletive) the police'' and punched the lawman in the side of the head. RELATED: Man in Jesus Halloween costume accused of punching San Diego police officerVan Vleet -- who was dressed as Jesus Christ with devil horns -- then walked away from the ruckus, disappearing into a crowd and getting into an Uber vehicle, according to the prosecutor. He traveled to Idaho, where he is the CEO of two companies, according to Hopkins. Defense attorney Marc S. Kohnen said Van Vleet is a majority partner in his companies, which are involved in advertising for medical products. The officer, a three-year member of the San Diego Police Department, 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. Kohnen emphasized that his client has no criminal record and disagreed with San Diego County Superior Court Judge Jay Bloom's decision to set bail at 0,000. RELATED: San Diego police: Man accused of punching officer while wearing Jesus costume arrestedThe judge cited Van Vleet's travel to Idaho as part of the reason for the high bail, in addition to his apparent financial resources. Along with his ``business ties'' to the Idaho companies, Hopkins said investigators found a vehicle valued at around 0,000 at his home. According to the prosecution, surveillance footage and bar tabs helped investigators identify Van Vleet as the suspect. Kohnen countered that it's not clear whether Van Vleet or someone else in the crowd assaulted the officer, calling it a ``chaotic scene'' in which police arrested multiple people. Van Vleet pleaded not guilty and is due back in court next Tuesday for a bail review hearing. 2370

SAN DIEGO (CNS) - A former Torrey Pines High School student who posted threats targeting the school on his Instagram account was sentenced Friday to a year in custody, with at least six months to be served at a residential alcohol and mental health treatment facility.Kevin Matlak, 21, pleaded guilty last month to one count of making a criminal threat.Superior Court Judge Polly Shamoon placed Matlak on five years probation and ordered him to stay away from Torrey Pines High and have no contact with three people named in a criminal complaint.RELATED: Former Torrey Pines student faces judge in online threats caseDefense attorney Brian Watkins said Matlak didn't threaten anyone directly, but three former classmates -- whom the defendant didn't know -- read his posts on Instagram and felt threatened by them.The classmates of Matlak's who graduated in 2015 reported the threats to law enforcement on May 30, leading to his arrest."I hate all of you," Matlak wrote in one post, according to Deputy District Attorney Matthew Greco.RELATED: Former Torrey Pines High School student seeking psychiatric help after online threat"Get the (expletive) out of San Diego 2K18 before I find u," the defendant wrote in another post. Matlak also posted a photo of him holding an AR-15 rifle in one hand and giving the middle finger with the other hand, Greco said.The principal of Torrey Pines High School wrote a letter to the court, detailing how the threats impacted him and his assistant principals, knowing that the person making the threats had not been arrested and knowing that they could be in harm's way after they made the decision to keep the school open the next day. 1690

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