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SAN DIEGO (CNS) - A former San Diego County sheriff's deputy who fatally shot a fleeing detainee outside the downtown San Diego jail pleaded not guilty Tuesday to a second-degree murder charge.Aaron Russell, 23, is charged in the May 1 death of 36-year-old Nicholas Bils, who was unarmed and running away from officers when he was shot just outside the San Diego Central Jail, according to the San Diego County District Attorney's Office.The former deputy, who had been with the department for 18 months at the time of the shooting, surrendered to authorities on Monday, according to his attorney, Richard Pinckard.Russell, who resigned from the sheriff's department shortly after the shooting, faces 15 years to life in state prison if convicted of second-degree murder, and up to an additional 10 years if convicted of a firearm allegation.RELATED: Suspect who escaped park rangers' vehicle shot, killed by deputyBils had been arrested by rangers with the California Department of Parks and Recreation for allegedly threatening a ranger with a golf club at Old Town San Diego State Park. He was being transported to the downtown detention facility when he managed to escape from a California State Park Officer's car, according to San Diego police.Deputy District Attorney Stephen Marquardt said Russell fired five times as Bils was running away, striking him in the back, arm and thigh. Iredale said the fatal shot went through Bils' back, lung and heart.Among the officers present during the shooting, Russell was the only one who discharged his weapon, the prosecutor said. In fact, Marquardt said, "No other officer on scene so much as unholstered a firearm to stop Bils from running."The Bils family's attorney, Eugene Iredale, said Bils was at the park that day hitting golf balls for his dog to chase. He said "it appears that when the park rangers approached him," Bills "brandished his golf club and ran away."Iredale alleged that Russell opened fire "with what appears to be calmness and relaxation" as he "began to take target practice on a man who was fleeing."Exactly what prompted the deputy to open fire remains unclear. The DA's Office said there is surveillance footage of the shooting, but it will not be released to the public at this time as it is now evidence in a pending criminal case.RELATED: Deputy who fatally shot escaped detainee resigns from departmentMarquardt said Russell was unjustified in shooting Bils under a recently enacted state law that changed the standard governing when law enforcement officers are justified in using deadly force. Since the beginning of this year, peace officers may only use deadly force "when necessary in defense of human life."Iredale said: "Five years ago or 10 years ago, such a prosecution, no matter how clear the facts were, and no matter how appropriate the prosecution, would have been hard to conceive."District Attorney Summer Stephan, in statement Monday, said her office "reached the decision to file criminal charges following a thorough review of all the objective facts and evidence in this case by specialized prosecutors and investigators in our Special Operations Division.""When a life is taken, we must make decisions based in facts and law, and not ones that are influenced by the status of the accused as a peace officer nor the status of the victim," Stephan said. "These decisions must be made solely in the interest of justice and not based on favoritism nor public opinion. Every person must be accountable under the law."The victim's mother, Kathleen Bils made a statement following Russell's arraignment, in which she said her son "should be alive and be here with us. But he's dead, and my heart cries out that this is not right."She said the months since his death "have been agonizing for my sons, their families, and for me."Bils' older brother, Benjamin Bils, said his sibling "was not a saint, (but) he was not a bad person."He said his brother had run-ins with the police in the past, but "it did not mean he deserved to be shot in the back."Russell was initially held on million bail, but a judge cut the amount in half, agreeing with Russell's attorney that his client was not a flight risk or a danger to the community. Russell was released on bail Tuesday night. "He has based his entire life on the principles of honor and integrity," said Pinckard, who said law enforcement shootings "occur in tense, uncertain, rapidly evolving incidents, where decisions are literally being made in fractions of seconds."Russell is due back in court July 24 for a status conference.An attorney for the family issued the below statement: 4640

SAN DIEGO (AP) — The red-hot San Francisco Giants keep playing — and winning — extra-inning games.Pablo Sandoval homered with two outs in the 11th and the Giants beat the San Diego Padres 2-1 Friday night for their 18th victory in 22 games.Sandoval's drive on a 1-2 pitch from Logan Allen (2-3) just cleared the wall in left field. It was his 13th. He entered as a pinch-hitter in the ninth, when he hit a leadoff double, and stayed in at third base."It doesn't get any bigger than that, what he did," San Francisco manager Bruce Bochy said. "It's another hard-fought game. These guys seem to like that, going overtime here."The Giants have won six extra-inning games in their last 10 contests and seven in their past 15 since the All-Star break."It tells me that we have a great bullpen," said starter Jeff Samardzija, who pitched six strong innings. "To win extra-inning games, you've got to be throwing up zeros with guys that obviously aren't starters. I know our starters have pitched well to make sure we've given these guys some time off, but they've gone out there and been so efficient and so solid with their work that they've made these extra-inning games not be too taxing on them and haven't taxed our bullpen too much because they've been so good."We'll keep trying to eat up innings as starters, but tell you what, winning close games is some of the best things you can do for a whole season when it comes to momentum and feeling good about yourselves and being confident in those situations going forward."The Giants have won four straight games against San Diego at Petco Park in July, part of a surprising surge that has helped them jump into the NL wild-card race.The Padres have lost eight straight home games. They were coming off a 3-6 trip.Mark Melancon (4-2) struck out two in a perfect 10th for the win. All-Star closer Will Smith pitched the 11th for his 25th save, getting Eric Hosmer to hit into a game-ending double play.Giants center fielder Kevin Pillar made a nice running catch of Wil Myers' deep fly ball for the second out of the ninth.San Diego's Austin Hedges tied the game at 1 with a home run off Jeff Samardzija into the balcony on the third level of the Western Metal Supply Co. Building in the left field corner with one out in the fifth, his eighth.Samardzija and Padres left-hander Joey Lucchesi each pitched six strong innings. Samardzija allowed one run and four hits while striking out six and walking three. Lucchesi yielded one run and two hits while striking out eight and walking four."Just not a good offensive performance by us," Padres manager Andy Green said. "We've just got to put runs on the board. It's really simple. Just not enough quality at-bats today against Samarjdzija. He's a veteran pitcher whose stuff was moving quite a bit today. We didn't make the necessary adjustments and get to him."Lucchesi retired his first six batters before walking Tyler Austin leading off the third. Austin stole second and scored on Donovan Solano's double to the center field wall.Lucchesi got into and out of trouble in the fifth, loading the bases with no outs before retiring the side by striking out Samardzija, getting an infield fly call on Donovan Solano's popup and then inducing Brandon Belt to ground out to shortstop. 3286

SAN DIEGO (AP) — Scheduling glitches led an immigration judge to deny the Trump administration's request to order four Central American migrants deported because they failed to show for initial hearings Wednesday in the U.S. while being forced to wait in Mexico.The judge's refusal was a setback for the administration's highly touted initiative to make asylum seekers wait in Mexico while their cases wind through U.S. immigration courts.One migrant came to court with a notice to appear on Saturday, March 30 and said he later learned that he was supposed to show up Wednesday. He reported in the morning to U.S. authorities at the main crossing between San Diego and Tijuana."I almost didn't make it because I had two dates," he said.Similar snafus marred the first hearings last week when migrants who were initially told to show up Tuesday had their dates bumped up several days.Judge Scott Simpson told administration lawyers to file a brief by April 10 that explains how it can assure migrants are properly notified of appointments. The judge postponed initial appearances for the four no-shows to April 22, which raised more questions about how they would learn about the new date.Government documents had no street address for the four men in Tijuana and indicated that correspondence was to be sent to U.S. Customs and Border Protection. Simpson asked how the administration would alert them."I don't have a response to that," said Robert Wities, an attorney for U.S. Immigration and Customs Enforcement.At least two others were given notices to appear Tuesday but, when they showed up at the border, were told by U.S. authorities that they were not on the schedule that day. Their attorneys quickly got new dates for Wednesday but Mexico refused to take them back, forcing them to stay overnight in U.S. custody.Laura Sanchez, an attorney for one of the men, said she called a court toll-free number to confirm her client's initial hearing Tuesday but his name didn't appear anywhere in the system. Later, she learned that it was Wednesday.Sanchez said after Wednesday's hearing that she didn't know if Mexico would take her client back. Mexican officials didn't immediately respond to a request for comment.Homeland Security Department representatives did not immediately respond to a request for comment late Wednesday.The snafus came two days before a federal judge in San Francisco hears oral arguments to halt enforcement of the "Migration Protection Protocols" policy in a lawsuit filed by the American Civil Liberties Union, Southern Poverty Law Center and Center for Gender & Refugee Studies.The policy shift, which followed months of high-level talks between the U.S. and Mexico, was launched in San Diego on Jan. 29 amid growing numbers of asylum-seeking families from Guatemala, Honduras and El Salvador. Mexicans and children traveling alone are exempt.Families are typically released in the U.S. with notices to appear in court and stay until their cases are resolved, which can take years. The new policy aims to change that by making people wait in Mexico, though it is off to a modest start with 240 migrants being sent back to Tijuana from San Diego in the first six weeks. U.S. officials say they plan to sharply expand the policy across the entire border.Mexican officials have expressed concern about what both governments say is a unilateral move by the Trump administration but has allowed asylum seekers to wait in Mexico with humanitarian visas.U.S. officials call the new policy an unprecedented effort that aims to discourage weak asylum claims and reduce a court backlog of more than 800,000 cases.Several migrants who appeared Wednesday said they fear that waiting in Mexico for their next hearings would jeopardize their personal safety. The government attorney said they would be interviewed by an asylum officer to determine if their concerns justified staying in the U.S.Some told the judge they struggled to find attorneys and were granted more time to find one. Asylum seekers are entitled to legal representation but not at government expense.U.S. authorities give migrants who are returned to Mexico a list of no-cost legal providers in the U.S. but some migrants told the judge that calls went unanswered or they were told that services were unavailable from Mexico.A 48-year-old man said under the judge's questioning that he had headaches and throat ailments. The judge noted that migrants with medical issues are exempt from waiting in Mexico and ordered a medical exam.___Associated Press writer Maria Verza in Mexico City contributed to this report. 4614

Sam Nunberg's interview tour is over for now.Nunberg was booked to appear on CNN's "New Day" on Tuesday morning, but he did not show up for the interview.When an unknown person answered the phone at his home Tuesday morning, the person said Nunberg is done doing interviews.According to two sources with knowledge of the matter, ABC also pursued Nunberg for Tuesday's "Good Morning America." But the producers feared that he would bail, and sure enough, he stopped responding to messages on Tuesday morning. "He went dark," one of the sources said. Nunberg's change in media strategy appears related to the change of heart that unfolded before a national audience during his media tour on Monday.The former Donald Trump campaign aide gave more than a dozen interviews on Monday in an extraordinary act of defiance of special counsel Robert Mueller.Related: Who is Sam Nunberg?He started out by flaunting Mueller's subpoena and saying "let him arrest me." At one point, he even handed the subpoena paper to MSNBC anchor Ari Melber. He seemed to revel in the show he was starring in."Jake, I'm definitely the first person to ever do this, right?" he asked CNN's Jake Tapper.Interviewer after interviewer emphasized that Nunberg could be facing serious legal jeopardy. They asked if he wanted to reconsider his position; asked if he'd consulted his lawyer; and asked about his family.Nunberg asked questions too -- almost as if he was seeking legal advice. In the 7 p.m. hour on Monday, he asked CNN's Erin Burnett, "Do you think Robert Mueller is going to send me to prison, Erin, for this?" She answered, "I don't know, but he certainly would be within his rights."Some of Nunberg's associates said they were worried about his state of mind. Burnett said at the end of the interview that she smelled alcohol on his breath. But he denied that he had been drinking.Paparazzi-style photographers were waiting for Nunberg outside CNN's New York bureau. He spoke with one of the camera crews and then continued talking with reporters by phone. But his tone changed. By the end of the day, Nunberg signaled that he will continue cooperating with Mueller, after all.The special counsel office had no comment.Nunberg's last interview of the day appeared to be with Olivia Nuzzi of New York magazine. He told her around midnight that "I'm gonna cooperate!"Regarding his TV tour, he said to Nuzzi, "Did I sound drunk? I think that I was just more of myself in these interviews than I've ever been. That's what I think it was."He took another call, then called Nuzzi back at 12:55 a.m., said he was happy that "I didn't get dumped by my lawyer today."On Tuesday morning, Nunberg did not answer calls to his cell phone. Callers were greeted by a message that said, "The voice mail belonging to Sam Nunberg is full."The-CNN-Wire? & ? 2018 Cable News Network, Inc., a Time Warner Company. All rights reserved. 2906

SAN DIEGO (CNS) - A Catholic priest who oversees churches in four California counties, including San Diego, is suing Gov. Gavin Newsom and 19 other state, county and municipal officials, alleging COVID-19 restrictions on places of worship are unconstitutional.Father Trevor Burfitt contends in his court papers that public health guidelines restricting worship activities are ``no longer warranted'' and ``causing far more harm than good.''Among the restrictions contested by Burfitt are bans on indoor worship, occupancy restrictions, social distancing requirements -- which ``precludes proper conduct of Catholic worship'' -- and face covering mandates, which ``not only radically interferes with Catholic worship in numerous ways but irrationally threatens individual health...,'' according to his 77-page complaint filed Sept. 29 in Kern County Superior Court.RELATED: In-Depth: Answering legal liability questions about coronavirusDefendants named in the suit include Newsom, California Attorney General Xavier Becerra, San Diego County Public Health Officer Dr. Wilma Wooten, San Diego County Sheriff Bill Gore and San Diego Police Chief David Nisleit. The suit also names officials in Los Angeles, Kern and San Bernardino counties, where Burfitt also oversees mission churches. Burfitt is the prior of Saint John Bosco Mission in San Diego, according to the complaint.Since the pandemic began, similar lawsuits have been filed by religious leaders and institutions across the state, including South Bay United. Pentecostal Church in Chula Vista, which challenged the state's restrictions on church attendance in a case that went before the Supreme Court in May and was rejected 5-4.Like many of the other lawsuits, Burfitt challenges places of worship's status as ``non-essential'' and alleges Newsom has arbitrarily deemed other businesses and industries as critical.Paul Jonna, one of Burfitt's attorneys, said in a statement, ``It is now beyond reasonable dispute that, absent judicial intervention, Governor Newsom intends to continue indefinitely a massive and baseless suspension of the constitutional rights of Father Burfitt and nearly 40 million other residents of the state of California.``He continues to levy strict limits or outright prohibitions on public and private worship activities, which continue to be designated as `nonessential,' while liquor stores, marijuana dispensaries, and the Hollywood movie industry are allowed to operate unhindered. California's residents are apparently expected to live their lives behind makeshift `face coverings' while maintaining an arbitrary distance of six feet from everyone they encounter outside their homes. And to complete Newsom's despotic mandates, anyone who declines to obey faces criminal and civil penalties. This is unconstitutional and a blatant violation of the rights guaranteed by California's constitution.'' 2897

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