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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 (AP) — It was called the "The Sewing Circle," an unlikely name for a secret subsect of Navy SEALs. Its purpose was even more improbable: A chat forum to discuss alleged war crimes they said their chief, a decorated sniper and medic, committed on a recent tour of duty in Iraq.The WhatsApp group would eventually lead to formal allegations that Special Operations Chief Edward Gallagher fatally stabbed a wounded Islamic State captive in his care and shot civilians in Iraq in 2017.Gallagher, 40, has pleaded not guilty to the charges.A jury of mostly combat Marines will ultimately decide the fate of the 19-year-veteran and Bronze Star recipient charged with murder, attempted murder and conduct prejudicial to good order and discipline for posing with the corpse for photographs.No matter the outcome, the court-martial at Naval Base San Diego has provided a rare view into the insular Navy SEAL community and likely will have a long-term impact on one of the military's most secretive and revered forces. It has pitted veterans against each other both inside the courtroom and out in a fierce debate over brotherhood, morality and loyalty."SEALs, it seems to me, have been seeing themselves as God-like on the battlefield, and there is a real danger in taking that view of one's unit or one's self," said Gary Solis, a former military judge and Marine Corps prosecutor who teaches law at Georgetown. "I think this will alert the SEAL community that the rules apply to them."The case has laid bare challenges among U.S. special forces as the United States increasingly relies on such troops, which make up only 2% of the military yet carry out most of its battles around the globe.A number of special forces members are on trial this year. A U.S. Navy SEAL last month pleaded guilty to hazing and assault charges for his role in the 2017 strangulation of a U.S. Army Green Beret in Africa.The scandals have prompted a review by the Navy's top commanders into the behavior of the special warfare teams. During Gallagher's trial, it was revealed that nearly all his platoon members readily posed for photos with the dead militant and watched as Gallagher read his reenlistment oath near the body in an impromptu ceremony.Lt. Jacob Portier, the officer in charge, has been charged separately for overseeing the ceremony and not reporting the alleged stabbing.The trial also has shown the struggles of military courts in prosecuting alleged war crimes. The lead prosecutor was removed after allegedly tracking the defense team's emails to find a news leak, and the lead investigator acknowledged on the stand making mistakes.Closing arguments are expected Monday. A jury of five Marines and two sailors, one a SEAL, will weigh whether Gallagher, on his eighth deployment, went off the rails and fatally stabbed the war prisoner as a kind of trophy kill, or if the boy died from wounds sustained in an airstrike and Gallagher is being falsely accused by junior SEALs trying to permanently oust a platoon chief they hate.Nearly a dozen SEALs have testified over the past two weeks. Most were granted immunity to protect them from being prosecuted for acts they described on the stand.Seven SEALs said Gallagher unexpectedly stabbed the prisoner on May 3, 2017, moments after he and the other medics treated the 17-year-old boy.Two SEALs testified they saw Gallagher plunge his knife into his neck, including Special Operator Corey Scott, who stunned the court when he said he was the one who ultimately killed the teen by plugging his breathing tube with his thumb as an act of mercy. The Navy has said it's considering perjury charges against Scott.An Iraqi general who handed the wounded prisoner to the SEALs testified that Gallagher did not stab the boy. And Marine Staff Sgt. Giorgio Kirylo said after the militant died that he moved the body to take a "cool guy trophy" photo with it and saw no stab wounds on his neck.Gallagher also took photos of himself with the corpse. In one picture, he's holding up his knife in one hand and holding the militant by his hair with his other hand. He later boasted in a text, "got him with my hunting knife." Defense lawyers say it was just a warrior's attempt at dark humor."The Sewing Circle," the WhatsApp group chat, formed with a select few members of Alpha platoon after they returned to San Diego from their deployment in 2017.In the thread, Gallagher was referred to as "El Diablo," Spanish for "the devil.""Not sure how to handle him," Scott texted. "But he is ready to fight and kill."Gallagher's lawyers say the group chat was used to orchestrate a smear campaign to bring down their demanding platoon chief. A SEAL troop commander told the court that the allegations, which he took no action on for months, were suspect because they came about as Gallagher was being considered for a Silver Star and a promotion. Platoon members testified that the team was fractured, and the running joke was that if something was missing from a care package, Eddie took it.But his accusers said it went beyond the theft of sunglasses and snacks. "The Sewing Circle" members tried to distinguish themselves as the "True Brotherhood" vs. the "Real Brotherhood," which supporters of Gallagher have coined for themselves."The Real Brotherhood is people who are OK with war crimes," said Dylan Dille, a former SEAL sniper from the platoon who testified that Gallagher took shots at civilians from the sniper tower, hitting an old man and young girl. He did not see him pull the trigger either time.Defense attorney Timothy Parlatore shot back that maybe the Real Brotherhood "are older guys who don't like you and other SEALs who tell lies."Special Operations Chief Craig Miller, who was also part of "The Sewing Circle," testified that he saw Gallagher stab the captive multiple times with a custom-made knife Gallagher would carry in the belt loops of his pants. Miller said he told the platoon's officer in charge about the stabbing during their tour but that nothing happened.SEAL sniper Dalton Tolbert told the court he did not recall who started the chat group but that the intent was to talk with others who were disturbed by what they saw on the deployment and decide what to do."I shot more warning shots to save civilians from Eddie than I ever did at ISIS. I see an issue with that," Tolbert texted others.After plans were discussed about going to the commodore, an investigation was opened and Gallagher was arrested.Weeks before the trial, Tolbert, who was accepted to the famed SEAL Team 6 that killed Osama bin Laden, sent a text urging his teammates to speak up no matter what was at stake.He told the court his dream of doing covert operations with Team 6 is likely over now that he's been publicly identified in the case. 6790

SAN DIEGO (CNS) - A gun control group has filed a lawsuit on behalf of victims the Poway synagogue shooting against several parties, including the alleged shooter, his parents, the gun store that sold him the weapon used in the deadly shooting and the weapon's manufacturer, Smith & Wesson.The suit filed Monday in San Diego Superior Court alleges `irresponsible and unlawful conduct by a firearms manufacturer and seller for making, marketing, or selling weapons in an unsafe and illegal manner'' in connection with the rifle allegedly used by John T. Earnest, 21, in the April 27, 2019, shooting at Chabad of Poway.The suit filed by the gun control advocacy group Brady United accuses Smith & Wesson of failing to ``use reasonable care'' when marketing the rifle -- a Smith & Wesson M&P 15 -- and alleged the company made the weapon ``easily modifiable,'' which facilitates crimes like mass shootings.The lawsuit also alleges gun store San Diego Guns unlawfully sold Earnest the rifle used in the shooting, as he lacked a valid hunting license to buy such as weapon at his age.The suit also alleges Earnest's parents ``negligently facilitated their son's (the shooter's) ability to gain access to one or more pieces of weaponry/tactical equipment used in the incident, upon information and belief, having prior knowledge of his avowed, virulent anti-Semitism and propensity for violence.''The shooting resulted in the death of 60-year-old Lori Gilbert Kaye, who was shot in the synagogue's foyer. Three others were injured, including the synagogue's rabbi, Yisroel Goldstein, who is among several people listed as plaintiffs in the lawsuit.Earnest remains jailed on both state and federal charges for the shooting, as well as the alleged arson of an Escondido mosque, both of which are being charged as hate crimes.Earnest allegedly told a dispatcher that he committed the shooting because Jewish people were destroying the white race and made similar anti-Semitic comments in an online manifesto in which he said he spent four weeks planning the attack.Earnest faces the death penalty in the state's prosecution, while a federal capital punishment decision remains pending.According to testimony, a receipt found in Earnest's car showed he purchased the rifle at San Diego Guns on April 13, 2019, the same day a California Fish and Wildlife card found in his bedroom showed he completed a hunting program, qualifying him for a hunting license.However, the license -- which would allow someone in California under 21 to purchase a gun -- was not valid until that July. Without a valid license, Earnest would have been prohibited from purchasing the rifle under state law, as he was 19 at the time of the purchase.The California Department of Fish and Wildlife and Department of Justice are also named as defendants for alleged negligence in allowing Earnest to buy the gun when a background check should have precluded him from purchasing it. 2968
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
SAN DIEGO (CNS) - A 21-year-old man who fatally stabbed a transient in Ocean Beach was sentenced today to 15 years to life in state prison. Noah Mitchell Jackson, 21, was convicted earlier this year of second-degree murder for the June 22, 2017, killing of 65-year-old Walter ``Ras'' Riley, an Ohio native nicknamed ``the Incense Man'' due to his practice of selling aromatic burning sticks at local farmers' markets. Officers sent just before 12:30 a.m. to the 1900 block of Bacon Street found Riley lying on the sidewalk with stab wounds to his upper body. He was pronounced dead at UCSD Medical Center. Deputy District Attorney Michael Reilly said the victim was stabbed five times, with the killing blow entering his back, breaking several ribs and puncturing his heart. RELATED: Police search for man suspected in death of homeless man in Ocean BeachJackson confessed to a friend that he stabbed Riley, according to the prosecutor, who said Jackson told the friend, ``I got that guy. I stabbed that (expletive).'' ``Those are the words of a murderer,'' Reilly told jurors. Reilly said that some time after the killing, Jackson had a friend drive him to Kellogg's Beach, where Jackson threw the murder weapon and his cellphone into the water. Police divers were not able to recover the knife or the phone. Jackson's attorney, Eugene Iredale, alleged the friend was pressured by police to incriminate Jackson and was offered immunity for his testimony in the trial. RELATED: Suspect in fatal Ocean Beach stabbing arrestedAccording to Reilly, Jackson told police that he was home and asleep by 9:30 p.m. the night of the stabbing, but later confessed to another friend that he lied to police and went back out to confront the victim, though he denied fighting or stabbing him. The prosecutor alleged that Jackson also told the friend that he ``handled'' the victim because Riley had previously spat on Jackson's sister and insulted her. However, Iredale denied this suspected motive, as he said his client had substance abuse problems that led him to make several ``completely random statements'' to friends following the date of the killing. The attorney said the spitting incident involving Jackson's sister never occurred and ``God only knows'' why Jackson said it had. Iredale said police originally had 20 to 30 suspects, but centered on Jackson due to a 911 call made about 90 minutes prior to Riley's stabbing. In that call, a recording of which was played for the jury, the mother of one of Jackson's friends said Jackson was at her home displaying erratic behavior and saying he wanted to commit suicide. He'd just gotten into an argument with his girlfriend, then left the house, she told a dispatcher. Iredale alleged the clothing description she provided police -- a white sweatshirt and jeans -- vaguely resembled the attire of a suspect captured on surveillance footage running through Ocean Beach following the killing. That footage was publicly released shortly after Riley's death. Iredale said the man in the footage was Riley's killer, but looked nothing like his client. Jackson was arrested in Huntington Beach in February 2018 by SDPD detectives with the help of local police and the U.S. Marshals Service. 3238
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