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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

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 (CNS) - A judge Monday denied a request by four San Diego County businesses seeking to resume indoor operations following the county's recent slide into the purple tier of the state's coronavirus reopening plan.San Diego Superior Court Judge Kenneth J. Medel heard arguments Friday on the lawsuit, which was filed earlier this month on behalf of Cowboy Star Restaurant and Butcher Shop, Home & Away Encinitas, Fit Athletic Club and Bear Republic, shortly before indoor operations were suspended for nonessential businesses in the county due to rising COVID-19 case numbers.The businesses sought a temporary restraining order halting the prohibition on indoor operations, contending that San Diego County's increased case numbers are not a result of exposures at restaurants, gyms and other types of businesses impacted by the closures.While Medel and the state conceded pandemic restrictions have created negative economic impacts for businesses, both stated the public health concerns outweighed those harms.In his ruling, Medel wrote, "In the court's mind, the impact on public health of dismantling a portion of the state's COVID-19 response designed to reduce community spread outweighs the economic harm to plaintiffs at least pending further examination of these issues in any upcoming hearing on preliminary injunction."A status conference was scheduled for Dec. 2 for discussion regarding a preliminary injunction hearing.Wilson Elser, the law firm representing the businesses, declined comment on the ruling, stating through a spokesperson that it does not comment on active lawsuits.The lawsuit cited figures indicating restaurants/bars, retail businesses, places of worship, schools and gyms make up a small percentage of infections and confirmed community outbreaks.During Friday afternoon's hearing, attorney Bruno Katz, representing the businesses, referenced an adjudication request submitted to the state by San Diego County Public Health Officer Dr. Wilma Wooten, which sought to have San Diego County remain in the red tier. The request was rejected."Penalizing the impacted sectors for case inc

SAN BERNARDINO, Calif. (KGTV) -- Prosecutors said Monday that a California man killed his business partner and his family out of greed, according to the Associated Press. Prosecutor Sean Daugherty told jurors that Charles Ray Merritt wrote checks totaling more than ,000 on his partner’s QuickBooks account after the family disappeared. The comments came during opening statements in the trial for the alleged murders of Joseph McStay, Summer McStay and their three and four-year-old sons. Prosecutors also say that, while being questioned about the family’s disappearance just days after they went missing, Merritt kept referring to Joseph in the past tense.Outside the courtroom, defense attorney Rajan Maline said Merritt’s livelihood depended on McStay being alive. The McStays disappeared from their Fallbrook home in early February 2010. Days after they were last seen, the family’s SUV was found abandoned at a strip mall parking lot in San Ysidro.RELATED: Trial set to begin in McStay family murder caseIn 2013, the bodies of the family members were found in the Mojave Desert, near Victorville. Prosecutors said the family died from blunt-force trauma to their heads. Authorities found a sledgehammer, believed to be the murder weapon, in one of the graves.According to court documents, investigators believe Summer McStay may have been raped before she was killed. Merritt was arrested in connection with the killings in November 2014 after sufficient evidence linking him to the case, including DNA, was discovered.Authorities alleged Merritt killed the family members inside their home and then buried them in the desert. Merritt also tried to paint over the crime scene, according to authorities.During Monday’s opening statements, jurors in the San Bernardino County courtroom are expected to hear a tape of Merritt being questioned by investigators.Merritt, 61, has pleaded not guilty to charges of murder and is being held without bail.Prosecutors are seeking the death penalty in the case. 2017

SALTON SEA, Calif. (KGTV) - Four years ago a 10News crew traveled to Bombay Beach on the eastern side of the Salton Sea. This once thriving resort community is littered with abandoned homes and some of the 200 plus residents who still live there struggle to get out. People like the man who would only identify himself as “Bucky.”"We own two houses. We can't replace what we have into them,” says Bucky.  “Basically we're stuck. Me and my wife talked about it a couple of weeks ago I said, 'You know we're gonna die here.'"Bucky is like so many who call the Salton Sea home. They feel forgotten, hopeless, and helpless. In 2003 California Legislators promised to restore the dying sea and its vital ecosystem with almost -billion. But that promise, like so many others since, was broken to the people who live here.But two years ago Governor Jerry Brown allocated a mere -million in an attempt to avoid an enormous environmental disaster. That may seem like a lot of money, but as Senator Ben Hueso, whose district encompasses the Salton Sea explains, “-million is a drop in the bucket” for a problem of this size.        So, four years later our 10News crew decided to return to the Salton Sea to see how residents who live there are managing their lives and what that -million is being used for. We were surprised to find not much has changed. In fact, very little money has been spent, the situation is rapidly getting worse, and the people who live there fear more broken promises.There is no denying the Salton Sea is disappearing."This is the water line previously,” says Tony May who owns several houses near the shoreline in Salton City.May points to the back edge of his yard and down to a dusty beach below where water from the Salton Sea used to lap up on his property.“It was right here as of 1993,” explains May smiling remembering a time when the property was right on the water.Today the water line is no less than 300 yards away and separated by a dusty playa scattered with dead fish and a foul-smelling body of water that once was a prime resort for fishing and waterskiing.  And, it's only getting worse. The sea is shrinking more rapidly now that flows from the Colorado River were officially cut off at the beginning of 2018. Within years thousands of acres of seabed, like that behind Tony May’s home will be exposed. The waterfront property is now only a dream to May, the boat docks are entirely useless, and 300 yards of seabed that used to be 10 feet underwater, are now just a dusty beach. Playa that according to the Salton Sea Authority contains toxic chemicals like selenium, arsenic, and DDT. Tony and many others who live and work here, claim the dust from that dry beach is what's causing their respiratory issues."They can't breathe anymore, they're getting asthma,” says May.  “They never had asthma. I talk to the employees in town and they say the more that sea dries out the more it effects our health."The Salton Sea will never return to its riviera prime. The concern now is not so much saving the sea, but instead averting disaster by creating wetlands to control the dust storms.“Because it's a major problem. It's a very big problem," says Senator Ben Hueso from California’s 40th District and home to the Salton Sea.Senator Hueso has been fighting an uphill battle for this region for almost a decade."What is going to happen should this sea begin to dry up? We're going to see that exacerbate," says Hueso. "Right now Imperial County has cities with the poorest air quality in the country. Highest asthma rates in the country. The price tag of doing nothing to fix the Salton Sea is going to be costlier than actually putting some resource into fixing it."The price tag has always been a problem for the Salton Sea dating back 15 years. State officials promised to restore the Sea in 2003 with .9-billion. That promise, like many others for this region, was broken.In 2016 a mere million was allotted by Governor Brown in his budget, with promises of millions more to come. -million of that money would go towards staff and consultants to fix the Salton Sea. The remaining -million would go to actual construction. But two years later only million has been spent on staff and consultants according to Bruce Wilcox who is Assistant Secretary and an Ecologist with the Salton Sea Policy. Not a dime has been spent on construction of wetlands to mitigate the blowing dust. "This is the old marina.  And probably this is one of the most visually enticing places to see how far the water has receded," says Frank Ruiz with Audobon California looking over a desolate landscape that was once the thriving Salton City Marina.Ruiz’ job is to monitor the migratory birds who travel through the Salton Sea along the Pacific Flyway which stretches from Alaska to Patagonia at the southernmost tip of South America, shared by Argentina and Chile. "We should not wait until the crisis is on top of us. Because then the cost of inaction will be way too high,” adds Ruiz.A study conducted by the Pacific Institute estimates the cost of doing nothing with the Salton Sea could reach as little as -billion if nothing is done and possibly as much as -billion. Ruiz has watched the sea recede for years and says he fears the growth of respiratory issues, not just for those who live in this region but eventually as far away as San Diego. He's also witnessed a massive decline of migratory birds, which play a huge role in the ecology of the region."I think birds and wildlife are good indicators of how good or how bad your environment is. If the birds go, if the wildlife go, we will go next."If that’s true, as Senator Hueso mentioned, that -million absolutely will be a drop in the bucket. 5836

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